HomeMy WebLinkAbout93-873 supportCATHERINE A. QUACA, · IN THE COURT OF COMMON PLEAS OF
Plaintiff/Appellee · CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 873 S 1993
v. : PACES No. 571000058
RAMONA. GONZALEZ,
Defendant/Appellant : SUPPORT
IN RE: DEFENDANT'S SUPPORT PAYMENTS
Before HOFFER, P.J.
ORDER OF COURT
AND NOW, April 16, 1999, after careful consideration, the Court finds as
follows:
(1) Pursuant to the support guidelines, Defendant is currently obligated to
pay $330.19 per month to Plaintiff for support of their minor son, Marcel Gonzalez.
Defendant has appealed the order of support. A hearing was held in this matter
November 5, 1998.
(2) The Court is aware that Plaintiff's net monthly income has increased
nearly $300.00 since the initial support amount was set but that a re-application of
the support guidelines to Plaintiff's new income amount does not result in a
reduction of Defendant's support obligation.
(3) Courts are allowed to deviate from the guidelines in ordering support if
the reasons, the justification and the amount is set out on the record. Pa. R. Civ.
P. 1910.16-4(a). In deciding whether to deviate from the guidelines, a court may
consider other support obligations of the parties. Pa. R. Civ. P. 1910.16-4(b).
Pursuant to Young v. Muthersbaugh, 415 Pa. Super. 591,609 A.2d 1381 (1992),
Defendant has sustained his burden of proving that he has other support
obligations. Defendant sends support payments to two children in Venezuela and
one child in the Dominican Republic. Proof of fatherhood and receipts of money
orders sent are part of the record in this case.
(4) As a result of Defendant's other support obligations, the Court holds that
the monthly support owed to the Plaintiff should be reduced by fifteen per cent.
The original order of $330.19 per month is now reduced to $280.66 per month.
(5) Defendant is ordered to pay $280.66 per month to the Plaintiff, effective
from the hearing date in this matter, November 5, 1998. Defendant is further
ordered to pay any arreages due under the prior support order. The Cumberland
County Domestic Relations Office is ordered to calculate any arreages or surpluses
incurred by the Plaintiff.
By the Court,
Cumberland County Domestic Relations Office
For the Plaintiff/Appellee
Charles Rector, Esquire
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011-6912
For the Defendant/Appellant
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