HomeMy WebLinkAbout82-294 supportDEBRA GINGERICK
Plaintiff
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ROBERT L. LOTZ, JR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 294 SUPPORT 1982
DR# 9838
IN RE: SUPPORT APPEAL
BEFORE GUIDO, J..
ORDER
AND NOW, this ~ ~ day of JUNE, 1998, after hearing and
based upon the Court's determination that the Plaintiff's monthly
net income is $1020.00 and the Defendant's monthly net income is
$2147.00, the prior Order of April 1, 1998, is modified to
provide that Defendant shall pay $333.00 per month for the
support of his minor son, effective January 27, 1998. The
arrears shall be determined by the Domestic Relations Office.
Unreimbused medical expenses are to be paid 68% by Defendant and
32% by Plaintiff. In all other respects the Order of April 1,
1998, shall remain in full force and effect.
By the
Edward E. Guido, J.
Debra Gingerick
Plaintiff
Robert L. Lot z, Jr.
Defendant
Domestic Relations Office
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DEBRA GINGERICK
Plaintiff
Ve
ROBERT L. LOTZ, JR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 294 SUPPORT 1982
DR# 9838
IN RE: SUPPORT APPEAL
BEFORE GUI DO, J.
OPINION AND ORDER OF COURT
On January 27, 1998, Plaintiff filed a Petition For
Modification of an existing support order requesting an increase
of support based upon an increase in Defendant's income. A
conference was held before the Domestic Relations Office and a
recommended order was entered by this Court on April 1, 1998.
Defendant filed a timely appeal to the recommended order. A
hearing de novo was held on June 4, 1998. This matter is now
ready for disposition.
FINDINGS OF FACT
1) The parties are the parents of Timothy Lotz, born
February 7, 1981.
2) Plaintiff is employed at Tenneco Packaging in Allentown,
Pennsylvania. Her net monthly income is $1020.00.
3) Defendant is employed at Fry Communications,
Mechanicsburg, Pennsylvania. His net monthly income is $2147.00.
4) Plaintiff maintains health insurance coverage on the
child through her husband's employer at a monthly cost of
approximately $25.00.
NO. 294 SUPPORT 1982 - DR# 9838
5) Defendant's spouse can cover the child on her employer's
health plan at no cost.
6) Plaintiff prefers to maintain the existing health
coverage on their son.
~7) Neither party has any extraordinary expenses.
DISCUSSION
Defendant argues that the support order recommended by the
Domestic Relations Office was based upon an artificially inflated
income since it included a great deal of overtime which he worked
in the early part of the year. His overtime has been
substantially reduced since that time.~ Defendant conceded that
overtime is always available. However, we agree that he should
not be required to work overtime every day. We feel that the
most equitable way to determine his net monthly income would be
to use an average of his year to date earnings. Using that
method, we have calculated his net monthly income to be
$2,147.00.
Since neither party has any extraordinary expenses, we see
no need to deviate from the support guidelines set forth in Pa.
Rule of Civil Procedure 1910.16-1 et seq. Applying those
guidelines to the instant case, we have determined Defendants
monthly support obligation to be $333.00. Accordingly, we enter
~During the early part of the year, Defendant was
incarcerated in the work release unit of the Cumberland County
Prison. He worked virtually all of the overtime that was
available. Since his release, he has worked less overtime.
NO. 294 SUPPORT 1982 - DR# 9838
the following order:
ORDER
AND NOW, this ~/~ day of JUNE, 1998, after hearing and
based upon the Court's determination that the Plaintiff's monthly
net income is $1020.00 and the Defendant's monthly net income is
$2 147.00, the prior Order of April 1, 1998, is modified to
provide that Defendant shall pay $333.00 per month for the
support of his minor son, effective January 27, 1998. The
arrears shall be determined by the Domestic Relations Office.
Unreimbused medical expenses are to be paid 68% by Defendant and
32% by Plaintiff. In all other respects the Order of April 1,
1998, shall remain in full force and effect.
By the Court,
/$/ Edward E. Guido
Edward E. Guido, J.
Debra Gingerick
Plaintiff
Robert L. Lot z, Jr.
Defendant
Domestic Relations Office
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