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Home My WebLink About99-780 supportRAYMOND H. KISS Vo PHYLLIS E. WILKE · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNS_Y_LVANIA : : ' NO. 99-00780 SUPPORT : · PACSES # 672101478 : : IN RE' PETITION FOR MODIFICATION BEFORE GUIDO, J. AND NOW, this ORDER OF COURT ~"1~ day of AUGUST, 2000, for the reasons set forth in the accompanying opinion, it is hereby ordered and directed as follows: 1 .) Defendant's child support obligation from November 12, 1999, through March 31, 2000, is set at $385.51 per month. 2.) Defendant's child support obligation from April 1, 2000, forward set at $1077.02 per month. 3.) Upon providing proof to the Domestic Relations Office and plaintiff that the child is covered under her health insurance, defendant's child support obligation shall be c.~educed t_9$1012.03 per month. Thereafter' defendant shall maintain health insurance , . ~verag_¢~ilon the child. 4.) Except as modified herein, our order of September 9, 1999, shall remain in full force and effect. Jacqueline M. Vemey, Esquire For the Plaintiff By the Matthew Eshelman, Esquire For the Defendant Domestic Relations Office 'sld RAYMOND H. KISS ge PHYLLIS E. WILKE · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA o · NO. 99-00780 SUPPORT "::" ' · ' PACSES # 672101478 · IN RE: PETITION FOR MODIFICATION BEFORE GUIDO, J. .OPINION AND ORDER OF COURT On November 12, 1999, defendant filed a petition to decrease the current child support order. On December 16, 1999, a conference was held in the Domestic Relations Office. Pursuant to the recommendation of the Domestic Relations Officer, we denied the Petition for Modification. Defendant filed a timely request for hearing de novo which was held before this Court on May 18, 2000. The parties have filed briefs in support of their respective positions. This matter is now ready for disposition. FINDINGS OF FACT 1) The original support order was entered on September 9, 1999. Pursuant to that order, defendant was directed to pay $677.00 per month for the support of her child Eva Rose Wilke Kiss, bom July 1, 1998. 2) No appeal was filed from that order. 3) At the time of the entry of the original order, defendant was employed for the Venator Group earning an annual salary of $70,000. 4) Defendant is an alcoholic. On September 15, 1999, she made arrangements to enter into an inpatient alcohol treatment program. 99-00780 SUPPORT - PACSES # 672101478 5) Defendant entered into that program on September 29, 1999. Her inpatient treatment continued through October 27, 1999. 6) After her release from the inpatient portion of the program, defendant entered into a residential treatment program in New York City. She went to that location to be near her daughter who was living in New Jersey. 7) Defendant actively looked for work while in New York City. 8) Defendant was released from the residential treatment program just before Christmas in 1999. 9) Defendant actively pursued employment in her field, after her release from the residential treatment program. 10) While defendant could not immediately find work in her field, she did find odd jobs paying in the range of $7.50 per hour. 11) Defendant found work in her field effective April 1, 2000.1 12) Defendant currently works for Eckerd Drags in the Pittsburgh area at an annual salary of $68,000. 13) Defendant's earning capacity from the date the petition was filed on November 12, 1999 through April 1, 2000, was $7.50 per hour or $1300 per month gross. This results in a net monthly earning capacity of $1048.71.2 14) Since April 1, 2000, defendant has had an earning capacity or actual earnings of $68,000 per year. Her net monthly eami.ngs from that time forward are $3883.54. 15) Plaintiff works for Delphi Automotive. At all relevant times, his net monthly income has been $3526. However, she elected to accept a different position that did not begin until April 10, 2000. This presumes a filing status of single. 99-00780 SUPPORT - PACSES # 672101478 16) Plaintiff has primary custody of the parties' child. 17) Defendant visits with the child occasionally. 18) The plaintiff currently pays $124 per month to provide medical coveragE_for the child. 19) Effective July 10, 2000, defendant's employer will provide medical coverage for the child without charge. 20) At all relevant times, plaintiff has had and Will continue to have a child care expense of $736 per month. 21) Defendant filed her petition to modify the existing order on November 12, 1999. The effective date of any modification should be that date. DISCUSSION Defendant takes the position that she is entitled to a reduction in her support obligation for the period of time that she was unemployed or underemployed as a result of her treatment for alcoholism. Plaintiff argues that the modification is not warranted because defendant deliberately and voluntarily quit her job to avoid paying child support. Pennsylvania Rule of Civil Procedure 1910.16-2(d) provides in relevant part as follows' (d) Reduced or Fluctuating Income. (1) Voluntary Reduction of Income. Where a party voluntarily assumes a lower paying job, there generally will be no effect on the support obligation. A party will ordinarily not be relieved of a support obligation by voluntarily quitting work or by being fired for cause. (4) Income Potential. Ordinarily, a party who wilfully fails to obtain appropriate employment will be considered to have an income equal to the party's earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. 99-00780 SUPPORT - PACSES # 672101478 The term "ordinarily" used in the above role recognizes that there are certain circumstances in which a voluntary reduction in income may result in a corresponding reduction in child support. See Roberts v. Bockin, 315 Pa. Super. 52, 461 A.2d 65'0' (1983). The standard to be applied to cases such as the one before us was enunciated by the Superior Court in Corimes v. Grimes, 408 Pa. Super. 158, 596 A.2d 240 (1991) as follows: to modify a support obligation based upon reduced income, a petitioner must first establish that the voluntary change in employment which resulted in a reduction of income was not made for the purpose of avoiding a child support obligation and secondly, that a reduction in support is warranted based on petitioner's efforts to mitigate any income loss. In effect, petitioner must present evidence as to why he or she voluntarily left the prior employment and also as to why the acceptance of a lower paying job was necessary. /d. at 163,596 A.2d at 242. We are satisfied that defendant has met the above standard. Therefore, her petition for modification will be granted. The parties do not dispute that defendant has been an alcoholic for many years. In fact, her drunken failure to pick their daughter up from daycare was the precipitating cause of their separation. What is in dispute is the timing, motive, and sincerity of defendant's decision to quit her job in order to seek treatment for her alcoholism. Having seen and heard the defendant testify, we are satisfied that her decision to seek treatment was not in any way motivated by a desire to reduce or to avoid her child support obligation. Rather, the decision stemmed from the realization that her life was spinning out of control and that she needed professional help. 99-00780 SUPPORT - PACSES # 672101478 Furthermore, the defendant did everything in her power to mitigate her income loss. She actively sought employment in New York City while in the residential treatment portion of the program. She actively pursued work in her field as soon as she completed her treatment. We were particularly impressed by the extent of her efforts to obtain another job in her field. It took her only about three months to find a job earning substantially the same amount she was earning at the time the original order was entered.. Based upon the findings of fact set forth above, we will set defendant's child support obligation at $385.51 from November 12, 1999, through March 31, 2000.3 The obligation shall be increased to $1077.02 effective April 1, 2000.4 It shall be decreased to $1012.03 per month upon defendant providing proof to the plaintiff and the Domestic Relations Office that the child is covered under her medical insurance.5 AND NOW, this ORDER OF COURT day of AUGUST, 2000, for the reasons set forth in the accompanying opinion, it is hereby ordered and directed as follows: 1.) Defendant's child support obligation from November 12, 1999, through March 31, 2000, is set at $385.51 per month. 2.) Defendant's child support obligation from April 1, 2000, forward is set at $1077.02 per month. 3.) Upon providing proof to the Domestic Relations Office and plaintiff that the child is covered under her health insurance, defendant's child support obligation shall be The guideline calculations is attached hereto as Exhibit A. The guideline calculations are attached hereto as Exhibit B. The guideline calculations eliminating plaintiff's cost for health insurance is attached hereto as Exhibit C. 99-00780 SUPPORT - PACSES # 672101478 reduced to $1012.03 per month. Thereafter, defendant shall maintain health insurance coverage on the child. 4.) Except as modified herein, our order of September 9, 1999, shall remain in full force and effect. By the Court, /s/Edward E. Guido Edward E. Guido, J. Jacqueline M. Vemey, Esquire For the Plaintiff Matthew Eshelman, Esquire For the Defendant Domestic Relations Office :sld 8 C~ ................................................ --..: ...................... ~ .............. . SENSUlDEUN[} I~~rtmt $750 x 40 = 300~ grcss (]nJ_ldc~m~ $736/nnnth Hsalth ~ $124Jrgnth 12, 1999 to IVbrd% 31, 2000 EXHIBIT A Auditi01fi~i Fa?iiyi i!!t--I !i}ii '. i} i }~i..',,,:,.':::i.i~',;!.ii:',~i } ii} i:: ','i ! !! ?'!:: ",: :::i.i. 'l~ i ?~}~: :}::~::~:~::'~}: ~?~:;'~:~ ~:~ ~' ~ : ~ ~: ~ ~ ~ ~ :~} ~ Ifi~iUde~+~- ~:~ ~hil~d:'~0~¢~'~'::~:: ...... ~'~ ...... }'l'~'~h'~}'h'~"F~'~h'~'" [YI ~ASditi'°n'al"'N'ee~'~'~'i I'~ .... t'/l~'i~a[~'"~"'~ .... ~""~'~ '~'.'~ ...... ~ [.~0~nb~..b~.Cb. il.B~$~!.~ReS, i'ding:'wit.t'~...' ~ ..... t................ .... ....... ... :1"1'. .... ........ :. .... :......::..:.....~ ..... .I ...... z I':::~:~:.:~ ~:.. MOnthi;~~.?;Jet Ir~40me :~ ~~ ;~ ':l so.s.~4 I.:'. s~.~.oo I~ ........... .... COmbined..rVlopt}i!y Net Inco~ne ~ ~ ~ ~ ~o~54 ~ -.: ::::::::::::::::::::: .... ::.:::-:~ .... :::::::::::::::::::::::::::::: =============================================================== ::::::::::::::::::::::::: :::: . .-::: :::::::::::::::::::::::::::::::::::::::::::::::::::: ...... :::: ....... :..:~...::::::::::: Defendant /;Plaintiff :::::::::::::::::::::::::::::: ....... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: :: :: :::. ::: : : : :::::::- : : : : ::: :::::::::::::::::::::::::::::::::::: ~.~-~I.---~-- · ~ ~J ! ~[:':: ::':[~::' ':::~:: :':: "::::":::' '::: =====================~.~ i.-, ~% ======================================================== :::::::::::::::::::::::::::::::~ ~::: : :::::::::::::::::::::::::::::::::::::::::::::::::~ ~' ' :::: ':::::::::::::::::: ..~a:c.n::r,.~ren~':~-::uulue,lne::uu.,~.........=........_ q~t,u-,': .................... · .................... ' ..................... · ............................. ~.-:~:,:~-- .............. ':::' .......... ':' ...... ' ........... --~:,::~ .............. · ......... .... ' .......... ':: ~ ...... i:":: ' :':"::::-~ ...... "~";:'~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..... ......... · .................. '6~:::99 ...... ' .... ':: ...... ': ::' 'Insurance .Pr:~m!:u~n:.Ad/u.otm ~::~:. t:.:~::~::.:~::~:~:: ..~: ~... .... ..................... ~0talO. bligati0fi'¢VitP ~dji3stmerhts~ ~ ~ :~ :~; ~ io~;o~ .~ ~ :: ; ~ . =================================================================== :: ============================================================================== :.:.:::.::::: ::::: : :-::::::. ::::::::::::::::::::::::::::::::: .-:-.: : :::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .. ~'~c~'~'.~ ...... ~"':';'~ .... .'. ............. r:~'[x~ ....... '"'~:":;", ........... "~.'~'~"~:";~'~:"~ ....... ~"~"~'['~,',[~;~'~u~.o'~L.~.:~["'l'''~'','['r~'',~','~','~['c~,~,,'s~'~ ....... ~ ...... ~ .... ~':'"'~"'~" ::: :...:.:.:.:.:.:.:.:.:.:.:.:.:.:.:/::.:::.:.:j.:.:.:.:.:.:.: :.:.:/.:.:.:::.:.:.:.............:.:.:.:.:.:.:.:.:.:.:.:/.:.:.:.:/.:.:.:.:.:.:.:...U :.:.: :.:.:.:.:.:.: ::::::::::::::::::::::::::::::::: :.:.:.:.u.:.:.:.://.:.'/J.'.:J.:/.:.:.:.:.~.:.:.:.:.:.:.'/.:.:.:.:.:/.:.:/. ,u.:.:.'.:.:.:.:..:...: :.:...:J/..'.:.u.:.:.U.:.:.U.: ::.: u.u: EXHIBIT- B "C~SE 1~:"it672t0147_,8 Ii ~ i R~~OND Hi KISS include! i Child care!~ ir:~sur~n~ep~emi I I ~ AdSi(i°nal ~oo~. ~ =~=..~. oo I :co:rnbined~Men~tply Net i;r~come ~ ~ :: MOnthly SUbPO~-; ; ~ ;::::.:~:~::~:~:~:~-~:: .............. ' . '....: - ............................................ .: ............... ..:::~:~ ~:::~::::::: ! 1~ oo I " '::::'::::::: :~:::: :::' :: :: 0 ': :: :: ::' :' ' : ~':::: : ": :::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ":: .... :::::::::::::::::::::::: ============================================================== .................................................................... . :::::: :::: : : ::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: - f.. '.: ::,.:..:':::. ::...~. :.,...~:~ .... '..:::..:: ============================== :::::::::::::::-:: :-: . ~ ~:~:~'~;~:~..::"~...:...:;~; TOtal Obligatio~ ~/i~h Adjustments TOta. I..Mon.th!, ....... %~ .... ~ ............................... E~fe~ant $68,0~ arn~al ~ Ch~ ]~ $736/rrcnth EXHIBIT - C