Singleton v. Waties

616 A.2d 644, 420 Pa. Super. 184, 1992 Pa. Super. LEXIS 3188
CourtSuperior Court of Pennsylvania
DecidedSeptember 23, 1992
Docket3448
StatusPublished
Cited by8 cases

This text of 616 A.2d 644 (Singleton v. Waties) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singleton v. Waties, 616 A.2d 644, 420 Pa. Super. 184, 1992 Pa. Super. LEXIS 3188 (Pa. Ct. App. 1992).

Opinion

DEL SOLE, Judge:

In a previous appeal to this court, Appellant sought review of a trial court order directing support for a child born in 1989 to Appellee. The parties had never married, and after Appellee filed a complaint in support and Appellant acknowledged paternity, the court held a hearing. Because Appellee was not present at the hearing, but rather was represented by the *187 District Attorney’s office since she was receiving public assistance, the court ordered the matter remanded to the trial court for a full evidentiary hearing. The trial court was directed to conduct a proceeding in which both parties would have an opportunity to present evidence and thereafter to enter an appropriate support order. Following the hearing, the court entered an order of support in the same amount previously ordered. Appellant takes this appeal from the second order of support.

Appellant makes numerous claims on appeal. Among them are initial challenges to the manner in which the trial court conducted its hearing, received evidence and formulated its order of support.

Appellant submits that the court erred when it accepted evidence of Appellee’s income and expenses but refused to again take testimony on his living expenses and when it improperly used the guideline amount to formulate the order of support, ignoring the parties income and expenses. He further claims that he should have been permitted to introduce testimony received at an earlier hearing that Appellee’s parents, with whom she and the child live, provide her with some assistance and that he should have been allowed more extensive cross-examination of Appellee’s father.

In Young v. Muthersbaugh, 415 Pa.Super. 591, 609 A.2d 1381 (1992), this court examined the impact of the en banc decision rendered in Ball v. Minnick, 414 Pa.Super. 242, 606 A.2d 1181, on a trial court’s obligations to conduct Melzer analysis or render support decisions based upon income and expenses. The court in Young stated: “Following Ball, a Melzer analysis is no longer necessary or required in guideline cases and any cases previously decided that permit a Melzer [v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984) ] analysis in a guidelines case have been overruled. Trial courts should depart above the guidelines only when unique needs of the child are involved. Further, departures below the guidelines are permitted only when the obligor can establish unique *188 financial needs.” Young v. Muthersbaugh, supra, 415 Pa.Super. at 597, 609 A.2d at 1384.

Based upon these earlier decisions we can readily dismiss Appellants claim that the trial court wrongly failed to utilize a Melzer analysis and ignored the parties expenses. We also find no error with the court refusal to hear evidence of Appellant’s living expenses in the second support hearing since Appellant does not claim that these expenses were extraordinary, which would permit a departure from the guidelines.

Appellant’s claims regarding his limited ability to question witnesses concerning aid received by Appellee from her parents, likewise have no merit. The trial court heard testimony that Appellee and child reside with Appellee’s parents, but the court refused to permit Appellant extensive cross-examination and to admit testimony received at an earlier hearing on the subject. We find no abuse of discretion on the part of the trial court and we echo its statement that “to impute income to Appellee based on the gifts and contributions Marissa receives from her maternal grandparents would effectively expand the burden of responsibility for support to include the grandparents as well as the parents.” Trial court opinion at 10. With respect to the trial court’s ruling limiting Appellant’s questioning of Appellee’s father as to whether Appellee is attending college we note that Appellee was questioned concerning this subject. She indicated that the student loans listed on her income and expense statement were incurred back when she attending college from 1981 to 1984. She also replied that she is not currently attending any institution of higher learning, such as college. (N.T. 10/2/91 at 21.) The court accepted this testimony, which Appellant did not refute, and we find no abuse of discretion by the trial court in its refusal to permit Appellant to question Appellee’s father on this same issue.

We turn now to the more troubling matter of whether the trial court erred in failing to impute an income to Appellee and in stating, as termed by Appellant, “categorically that a mother is not required to seek or engage in employment until a child is five years old.”

*189 The trial court in its opinion did state that it “lacked authority” to order Appellee to seek employment, citing the requirements for public assistance which exempt from work a parent who personally provides care for a child under the age of six. 55 Pa.Code § 165.23(b)(2)(iv). We agree with Appellant that the trial court wrongly assumed that it did not have the power to impute income to Appellee because of the public assistance laws. The requirements for public assistance eligibility are completely unrelated to matters of support and the ability of a trial court to impute income to a parent. However we must note that the trial court’s comments in this regard followed its discussion of whether it would be appropriate to impute an income to the mother of this child under the circumstances of this case, which the court refused to do. The court latter stated that “even if it had agreed with appellant’s argument” it perceived itself to be bound by the laws governing public assistance. Because the trial court’s misperception of its authority was only considered by it as an alternative means of disposing of Appellant’s claim, we will go further and examine the ultimate question of whether the trial court erred in refusing to impute an income to mother in spite of her previous education and work experience.

Appellant points to the fact that Appellee is a college educated woman who was employed with the School District of Philadelphia prior to taking a maternity leave due to the birth of their daughter. Appellee stated that during the first two years of her maternity leave she retained her seniority within the district. She is able to stay on maternity leave for another two years after which time, if she chooses to return to this work, she will be hired before other applicants to fill a vacancy if one should exist. N.T. 10/2/92 at 21. Appellee’s net pay during the period of employment with the school district was approximately $350 bi-weekly. Id. at 22. Pointing to these facts, Appellant argues that the trial court erred in listing Appellee’s income as $0 and not imputing a monetary figure of support based upon Appellee’s earning potential. He contends that the trial court’s failure to take such action caused it to be presumed that he, as the child’s father, must accept the *190

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Bluebook (online)
616 A.2d 644, 420 Pa. Super. 184, 1992 Pa. Super. LEXIS 3188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-waties-pasuperct-1992.