Woskob v. Woskob

843 A.2d 1247
CourtSuperior Court of Pennsylvania
DecidedFebruary 20, 2004
StatusPublished
Cited by63 cases

This text of 843 A.2d 1247 (Woskob v. Woskob) 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
Woskob v. Woskob, 843 A.2d 1247 (Pa. Ct. App. 2004).

Opinion

BOWES, J.

¶ 1 The estate of Victor Woskob (“Appellant”) appeals from the trial court’s De *1250 cember 19, 2002 order and judgment awarding Leah Beth Woskob (“Mother”) $23,824.50 in child support arrears and $473.67 for unreimbursed medical expenses. Mother also cross-appeals from the December 19, 2002 order. We affirm.

¶ 2 This support proceeding has a long and torturous procedural history. The marriage between Mother and Victor Wos-kob (“Father”) produced four children: Victor Jr., Ashlee, Jonathan, and Alex. Pri- or to the parties’ January 1997 separation, Mother had a fifth child, Tristan, who subsequently has been determined not to be Father’s biological child. The parties now agree that Father was not responsible for Tristan’s support. However, on January 30, 1997, Mother filed a petition seeking support for herself and all five children. On March 4, 1997, the court ordered Father to pay $4,000 per month in support of the four youngest children, Ashlee, Jonathan, Alex, and Tristan. The oldest child, Victor, Jr., resided with Father. Both parties appealed this order and de novo hearings were held before the trial court.

¶ 3 Prior to resolution of the de novo appeal, on April 23, 1997, Father filed a petition to modify his support order alleging that he involuntarily was terminated from employment with his parent’s company, A.W. & Sons, Inc., on April 8, 1997. Subsequent support hearings were held on June 23, 1997, September 23, 1997, and May 5, 1998. During these hearings, Father was granted temporary custody of Jonathan and Ashlee, and he sought support from Mother for the two children. Prior to the trial court’s resolution of the pending support issues, Father died unexpectedly on January 13, 1999. On January 25, 1999, the trial court terminated Father’s support obligation, and based on the initial March 4, 1997 order, it calculated Father’s total support arrearage to be $81,838.41. This amount, which incorrectly included a support obligation for Tristan, was based on Father’s fixed annual salary of $75,000 earned in 1996 and miscellaneous income from rental property. The calculation did not account for advances that Father received from his employer in 1996 because the employer treated the advances that accrued in 1996 as loans. However, prior to 1996, the advances, which in reality were forgiven allowances, were reported as a salary bonus.

¶ 4 Father’s estate appealed to this Court, and upon stipulation of the parties, we remanded for further proceedings to determine Father’s support obligation. After subsequent hearings, the trial court entered a detailed order on July 10, 2002, vacating the January 25, 1999 order and directing the domestic relations officer to calculate Father’s obligation for the period between January 30, 1997, and April 8, 1997, the date Father was terminated, using Father’s actual salary of $75,000 and his additional miscellaneous income. The order also directed the domestic relations officer to calculate the obligation for the period between April 8, 1997, and January 13, 1999, using the assessed earning capacity of $59,000 plus miscellaneous income. In addition, the trial court assessed Mother’s net earning capacity to be $1,516.66 per month between January 30, 1997, and January 13, 1999. The trial court also accounted for $157,434.61 gross income Mother earned during that period. Finally, the court credited Appellant $10,338.99 for support Father had paid prior to his death. Based on these figures, the court entered an order on July 17, 2002, concluding that Father owed no support arrearag-es as he had overpaid Mother in the amount of $4,563.76.

¶ 5 Thereafter, Appellant filed a motion seeking clarification of the July 17, 2002 order and requesting to be reimbursed for the overpayment. Mother countered with a motion for reconsideration. On Novem *1251 ber 26, 2002, the trial court entered an amended order that sustained its previous determination regarding Father’s actual earnings and assessed earning capacity but applied an upward adjustment to Father’s support obligation under Pa.R.C.P. 1910.16 — 6(e) because Mother was burdened by an exceptionally high mortgage on the marital residence. Based on these determinations, the court entered an order on December 19, 2002, calculating Father’s arrears to be $24,298.17. This appeal and cross-appeal followed.

¶ 6 Appellant raises a single issue on appeal: whether the trial court erred in adjusting the basic support obligation according to Pa.R.C.P.1910.16-6(e) to account for the unusually high mortgage payment on the marital residence.

¶ 7 In her cross-appeal, Mother raises two issues: 1) whether the trial court erred in calculating Father’s support obligation on the assessed earning capacity of $8,195 per month when prior to the parties’ separation, Father earned in excess of $200,000 per year, including bonuses, working for his parents; and 2) whether the trial court erred in assessing a gross earning capacity of $28,000 per year for Mother in contravention of the nurturing parent doctrine.

¶ 8 We address Mother’s arguments first. We review a court’s determinations regarding support orders for an abuse of discretion. Isralsky v. Isralsky, 824 A.2d 1178 (Pa.Super.2003). In this context, we have defined an abuse of discretion as follows:

An abuse of discretion is not merely an error of judgment, but rather a misapplication of the law or an unreasonable exercise of judgment. A finding that the trial court abused its discretion must rest upon a showing by clear and convincing evidence, and the trial court will be upheld on any valid ground.

Id. at 1186. Hence, the calculation of a support order largely is within the discretion of the trial court.

¶ 9 At the outset, we note that a person’s support obligation is determined primarily by the parties’ actual financial resources and their earning capacity. Hoag v. Hoag, 435 Pa.Super. 428, 646 A.2d 578 (1994). Although a person’s actual earnings usually reflect his earning capacity, where there is a divergence, the obligation is determined more by earning capacity than actual earnings. See DeMasi v. DeMasi, 408 Pa.Super. 414, 597 A.2d 101 (1991). Earning capacity is defined as the amount that a person realistically could earn under the circumstances, considering his age, health, mental and physical condition, training, and earnings history. Gephart v. Gephart, 764 A.2d 613 (Pa.Super.2000).

¶ 10 Instantly, Mother asserts that the trial court erred in assessing Father’s earning capacity to be $59,000 per year because Father conspired with his parents to reduce his support obligation by mis-characterizing advances he received in 1996 as a loan rather than a salary bonus. Essentially, Mother argues that the trial court should have considered this income in its calculation of the arrears. We disagree.

¶ 11 This issue concerns the following facts. Prior to the parties’ separation, both Mother and Father worked for A.W. & Sons.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dingle, A. v. Dingle, J.
Superior Court of Pennsylvania, 2025
Adamietz, H. v. Termine, C.
Superior Court of Pennsylvania, 2024
Belogolovsky, E. v. Gitter, L.
Superior Court of Pennsylvania, 2024
Moody, H. v. Moody, A.
Superior Court of Pennsylvania, 2024
Myers v. Myers
2023 UT App 20 (Court of Appeals of Utah, 2023)
Werley, C. v. Hernandez, J.
Superior Court of Pennsylvania, 2023
In Re: L.J.W. & K.L.W., Minors
Superior Court of Pennsylvania, 2021
E.J.H. v. L.D.H.
Superior Court of Pennsylvania, 2021
Sultana, T. v. Mailk, F.
Superior Court of Pennsylvania, 2021
Com. v. Dempsey, M.
Superior Court of Pennsylvania, 2020
J.M.K. v. P.R.K.
Superior Court of Pennsylvania, 2020
C.D.S. v. R.J.S.
Superior Court of Pennsylvania, 2020
M.P.G. v. J.L.G.
Superior Court of Pennsylvania, 2020
Cramer, S. v. Cramer, D.
Superior Court of Pennsylvania, 2020
Tranquilli, K. v. Tranquilli, M.
Superior Court of Pennsylvania, 2019
Heary, A. v. DiCenzo, D.
Superior Court of Pennsylvania, 2019
Askins, E. v. Davison, L.
Superior Court of Pennsylvania, 2018
N.A.S. v. K.F.S.
Superior Court of Pennsylvania, 2018
Cotellese, J. v. Cotellese, L.
Superior Court of Pennsylvania, 2018
Noll, H. v. Abeln, P.
Superior Court of Pennsylvania, 2018

Cite This Page — Counsel Stack

Bluebook (online)
843 A.2d 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woskob-v-woskob-pasuperct-2004.