Smith v. Smith

44 Pa. D. & C.5th 533
CourtPennsylvania Court of Common Pleas, Lebanon County
DecidedDecember 19, 2014
DocketNo. 2013-20491
StatusPublished

This text of 44 Pa. D. & C.5th 533 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lebanon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Smith, 44 Pa. D. & C.5th 533 (Pa. Super. Ct. 2014).

Opinion

CHARLES, J.,

1. Alimony pendente lite began as a precept of Pennsylvania Common Law, not then discharged his lawyer and filed a as a matter of right. It was addressed to the sound discretion of the court, and the court could refuse it where cause against it was shown. The controlling element in granting an allowance was the wife’s necessity for it, the husband’s ability to pay and all the circumstances of the particular case. The destitute condition of the wife was a necessary prerequisite to an order for alimony pendent lite. Her want of pecuniary [535]*535ability had to be shown affirmatively before an order was made. Further, the husband’s ability to pay had to be shown and not presumed, and if the husband’s means were limited, the amount allowed was necessarily limited.

2. Section 3702 of the divorce code states that in proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite. The definitional section of the divorce code defines alimony pendente lite as an order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding. However, the divorce code does not specify when or in what amount alimony pendente lite should be awarded.

3. Until the advent of Pennsylvania’s Support Guidelines, alimony pendente lite was determined at the discretion of trial courts on a case-by-case basis.

4. Pennsylvania adopted child support guidelines in 1981. These guidelines were expanded to include alimony pendente lite in 1994. Rule 1920.31 requires that alimony pendente lite ordered by a court must be paid through the local domestic relations office.

5. Rule 1910.16(c) provides that alimony pendente lite and spousal support cannot be enforced simultaneously. Rule 1910.16-1 (c) requires a court to consider the duration of the marriage in determining alimony pendente lite. Rule 1910.16-1(b) states that the amount of support (child support, spousal support or alimony pendente lite) to be awarded shall be determined in accordance with the support guidelines.

[536]*5366. In spite of these new alimony pendente lite rules — or perhaps because of them — the official comment to the support guidelines was amended to state that nothing in this Rule should be interpreted to eliminate the distinctions between spousal support and alimony pendente lite which were established by case law.

7. Our appellate courts have always recognized that alimony pendente lite and spousal support differ in character. Spousal support has always been predicated upon the existence of a marital relationship and is designed to enable a dependent spouse to pay all of his/her necessary expenses. In contrast, alimony pendente lite has historically been designed to enable a dependent spouse to prosecute or defend a divorce proceeding.

8. The court here placed significant emphasis on the official comment added to the support guidelines at the time the alimony pendente lite provisions were added to the guidelines. This official comment states that nothing in this Rule should be interpreted to eliminate the distinctions between spousal support and alimony pendente lite which are established by case law.

9. Based upon its analysis of the case law, and upon the court’s belief that a distinction between alimony pendente lite and spousal support continues to exist in a post-guideline environment, it concluded that a plaintiff seeking alimony pendente lite must establish some financial need in order to obtain alimony pendente lite. However, the court stated that it was not necessarily [537]*537declaring that the bar establishing financial need must be high or that financial need can be automatically presumed simply because one spouse earns more than another. However, the court also noted that financial need cannot necessarily be foreclosed simply because the spouse with the lower income cuts back expenses in order to make his/ her ends meet.

10. The standard of living developed by the parties during the marriage, the degree to which either spouse has independent assets available, the extent to which either party receives help in paying expenses, and the nature of the income discrepancy between the parties are all factors that can and must be considered in assessing financial need. In short, a determination of financial need is of necessity a moving target that must be evaluated based upon the unique facts and circumstances of each particular case.

11. Once a threshold determination of financial need is made, then the support guideline calculations must be undertaken under Pa.R.C.P. 1910.16-1(b), the rule used to determine spousal support. This formula necessarily considers the incomes of each party and whether any child support is also owed.

12. Applying the spousal support formula to an alimony pendente lite case does not totally end the analysis. The Pennsylvania Supreme Court addressed a support guideline question by concluding that where the incomes of the parties differ significantly, it believed that it is an abuse [538]*538of discretion for the trial court to fail to consider whether deviating from the support guidelines is appropriate. Rule 1910.16-5(b) of the guidelines sets forth numerous factors that a court must consider in determining whether to deviate from the guideline formula amount.

13. Sifting through everything outlined above, the court held that the following analytical paradigm must be employed whenever a spouse seeks alimony pendente lite. Is a divorce action pending? Because alimony pendente lite is ancillary to divorce, no award can be ordered in the absence of a pending divorce action. Does the dependent spouse have a financial need for alimony pendente lite? The question of financial need must of necessity be fact-specific and based upon the exigencies of each unique case. What do the spousal support guidelines require based upon the income of both parties? Is a deviation from the spousal support guideline amount appropriate based upon the facts set forth in Pa.RC.R 1910.16-5(b)?

14. The court agreed with the special master that wife had established financial need for alimony pendente lite and that she had a need for additional finances in order to raise her lifestyle to a level closer to what she enjoyed pre-separation. Therefore, the court applied the rules governing the Pennsylvania Support Guidelines to this case.

15. Since neither Husband nor wife had challenged the special master’s determination of income or her calculation of alimony pendente lite using the spousal support guidelines, the court adopted the calculation of [539]*539the domestic relations officer that the guidelines require that husband pay $1,178.00 per month to wife and issued an order to accomplish this.

16. In absence of testimony and evidence from husband relative to his financial situation, the court was unable to deviate from the formula calculation of alimony pendente lite required by the Pennsylvania Spousal Support Guidelines. Accordingly, no deviation from the guidelines was directed.

This case focuses upon the interplay between financial need and Alimony Pendente Lite (APL). Susan Smith (hereafter “wife”) argues that proof of financial need is no longer a predicate to an award of APL. In contrast, Christopher Smith (hereafter “husband”) argues that a threshold showing of financial need is necessary before any APL can be awarded.

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Cite This Page — Counsel Stack

Bluebook (online)
44 Pa. D. & C.5th 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-pactcompllebano-2014.