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HomeMy WebLinkAbout459 S 2005 ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : DOMESTIC RELATIONS SECTION : NO. 459 SUPPORT 2005 LORRAINE R. COWMAN, : PACSES NO. 212107407 Defendant : IN RE: DEFENANT’S EXCEPTIONS TO THE MASTER’S REPORT OPINION AND ORDER In this case, the defendant, Lorraine R. Cowman, has filed exceptions to the Support Master’s Report and Recommendation dated September 16, 2005. Following a direction from 1 the court to do so, the defendant filed a brief in support of her exceptions. The basic contention of the defendant is that the plaintiff “has plenty of income” and does not need support from her. By the same token, she expresses a willingness to pay support provided that the money “goes strictly towards the children.” In her brief, filed pro se, she cites, as an indication that Mr. Cowman has more money than he needs, the fact that he plays golf. It is well established that in Pennsylvania both parents “share an equal responsibility for supporting their children and must be required to discharge their obligations in accordance with their capacity and ability.” Collona v. Collona, 788 A.2d 430, 438 (Pa.Super. 2001) citing Blaisure v. Blaisure, 577 A.2d 640 (Pa.Super. 1990). Although the duty of support on parents is mutual, the support guidelines contemplate that child support payments will be made by the noncustodial parent to the custodial parent. Id. In this case, Mr. Cowman is the custodial parent. 1 According to a brief filed by the plaintiff, neither the exceptions nor the defendant’s brief were served upon counsel for the plaintiff. NO. 459 SUPPORT 2005 We know of no authority for the proposition that the defendant is excused from her obligation of support merely because the plaintiff has enough money left over to play golf. ORDER th AND NOW, this 20 day of January, 2006, the exceptions of the defendant to the Support Master’s Report and Recommendation are DISMISSED and the interim order of court dated September 16, 2005, is herewith made a final order of court. BY THE COURT, _______________________________ Kevin A. Hess, J. Michael L. Bangs, Esquire For the Plaintiff Lorraine R. Cowman, Pro Se Defendant Support Master :rlm 2 ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : DOMESTIC RELATIONS SECTION : NO. 459 SUPPORT 2005 LORRAINE R. COWMAN, : PACSES NO. 212107407 Defendant : IN RE: DEFENDANT’S EXCEPTIONS TO THE MASTER’S REPORT ORDER th AND NOW, this 20 day of January, 2006, the exceptions of the defendant to the Support Master’s Report and Recommendation are DISMISSED and the interim order of court dated September 16, 2005, is herewith made a final order of court. BY THE COURT, _______________________________ Kevin A. Hess, J. Michael L. Bangs, Esquire For the Plaintiff Lorraine R. Cowman, Pro Se Defendant Support Master :rlm