Terpak v. Terpak

697 A.2d 1006, 1997 Pa. Super. LEXIS 1750, 1997 WL 395408
CourtSuperior Court of Pennsylvania
DecidedJuly 16, 1997
DocketNo. 00726
StatusPublished
Cited by7 cases

This text of 697 A.2d 1006 (Terpak v. Terpak) 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
Terpak v. Terpak, 697 A.2d 1006, 1997 Pa. Super. LEXIS 1750, 1997 WL 395408 (Pa. Ct. App. 1997).

Opinion

POPOVICH, Judge.:

On appeal, the appellant, Masako Terpak, claims the trial court abused its discretion in awarding spousal support below that recommended under Pennsylvania’s Uniform Support Guidelines. We reverse.

The record discloses the appellant met the appellee, John B. Terpak, Jr., while he was on military duty in Japan in 1964. The parties married in 1969 and two children were born of the marriage, both of whom are emancipated. Once the appellee retired [1007]*1007from the military in 1980, the couple moved to York, Pennsylvania. The appellee secured a job with York Barbell Corporation, a business in which his father was a stockholder. When the parties separated in 1995, the ap-pellee had risen to the level of executive vice-president, owned 50% of the corporation’s stock (given to him by his father) and received an annual salary of $100,000.

The appellant filed a complaint in January of 1996 claiming the appellee had deserted the marriage and neglected to provide for her support. With the parties’ failure to reach an agreement, a Domestic Relations Officer (DRO) directed the appellee to pay $2,274 plus $25 for arrears per month. The appellant filed an appeal demanding a hearing de novo on grounds the DRO erred in offsetting the appellee’s support obligation by a monthly payment ($620) on an irrevocable life insurance trust for the children, and the DRO erred in failing to determine the appellee’s dividend and interest income for 1995.

A hearing was held on June 10, 1996, after which the court awarded the appellant $8,500 in support. This figure was below the $5,202 assessed under the Uniform Support Guidelines. This ensuing appeal challenges the court’s order as an abuse of discretion.

In Ball v. Minnick, 538 Pa. 441, 648 A.2d 1192 (1994), the trial court ordered the father to pay $113 less in child support than indicated by the Uniform Support Guidelines because the child did not need the money. The mother’s appeal resulted in a remand for the imposition of an award consistent with the appropriate guideline figure. In doing so, our Supreme Court held in relevant part:

Rule 1910.16-1 explicitly states that the amount of support, whether it be child support, spousal suppoi’t or alimony pen-dente lite, shall be determined in accordance with the support guidelines which consist of not only the grids set forth in Rule 1910.16-2 and the formula set forth in Rule 1910.16-3, but also Rule 1910.16-5 which discusses in detail the operation of the guidelines. The rules make clear that the amount of support as determined from the support guidelines is presumed to be the appropriate amount of support and that any deviation must be based on Rule 1910.16-4.
The presumption is strong that the appropriate amount of support in each case is the amount determined from the support guidelines. * * * Deviations will be permitted only where special needs and/or circumstances are present such as to render an award in the amount of the guideline figure unjust or inappropriate.
The support guidelines were promulgated pursuant to the Act of October 30,1958, as amended, 23 Pa.C.S. § 4322, which provides that child and spousal support shall be awarded pursuant to statewide guidelines as established by general rule by the Supreme Court of Pennsylvania. The legislation provides that:
[t]he guideline[s] shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline[s] shall place primary emphasis on the net income and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties’ assets, as warrant special attention.
... the trier of fact need not, nor should he or she, consider in the first instance, the actual expenses of the parties in an effort to establish the reasonable needs of a particular child [or spouse]. Instead, the trier of fact must assume initially that the guideline amount constitutes the amount necessary to meet the reasonable needs of the child [or spouse].
Under Rule 1910.16-4, a court may not deviate from the guidelines on the ground that the child [or spouse] does not need this amount of money. This is not a factor that is set forth in Rule 1910.16-4(b). While subsection (7) of that Rule which [1008]*1008references .the standard of living of the parties might seem at first blush to support the trial court’s reasoning, we find that given the premises on which the guidelines are based, subsection (7) was not intended to justify the downward modification of the guideline figures absent a showing of special needs and/or circumstances. Again, the purpose of the support guidelines is to make available for the children’s [or spouse’s] reasonable needs the full amount of the guideline figure unless unusual obligations of the obligor limit his or her ability to pay the guideline amount.
Since the trial court considered a factor that should not have been considered in entering the support award here, an abuse of discretion is readily apparent. Moreover, as there were no additional relevant factors which would support the trial court’s award, application of the above principles dictates that an award in the amount of the appropriate guideline figure should have been awarded.

538 Pa. at 448, 450-452, 648 A.2d at 1197-1198 (Emphasis added).

Here, as in Ball v. Minnick, supra, we must decide whether the downward modification of the guideline figure was buttressed by “a showing of special needs and/or circumstances” as outlined by Rule 1910.16-4(a) & (b), which provides:

(a) If the amount of support deviates from the amount of support determined by the guidelines, the trier of fact shall specify, in writing, the guideline amount of support, and the reasons for, and findings of fact justifying, the amount of the deviation.
(b) In deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider
(1) unusual needs and unusual fixed obligations;
(2) other support obligations of the parties;
(3) other income in the household;
(4) ages of the children;
(5) asset of the parties;
(6) medical expenses not covered by insurance;
(7) standard of living of the parties and their children; and
(8) other relevant and appropriate factors, including the best interests of the child or children.

At bar, the trial court premised its reduction of the guideline figure of $5,202 to $3,500 per month upon its finding that the appellee was paying monthly premiums ($1,350) on an irrevocable life insurance trust established for the parties’ two emancipated children, the appellant’s retention of the marital residence at essentially no cost or expense, and the parties’ prior standard of living.1

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Cite This Page — Counsel Stack

Bluebook (online)
697 A.2d 1006, 1997 Pa. Super. LEXIS 1750, 1997 WL 395408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terpak-v-terpak-pasuperct-1997.