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HomeMy WebLinkAbout242 S 1999 LAURIE A. BOLTON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : ERNEST E. BOLTON, : PACSES: 183100887 DEFENDANT : NO. 242 SUPPORT 1999 IN RE: DEFENDANT’S EXCEPTIONS TO SUPPORT MASTER’S REPORT BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., December 4, 2007:-- Based on a Support Master’s Report, an interim order was entered on October 1, 2007, requiring Ernest E. Bolton to pay his wife Laurie A. Bolton child and spousal support as follows: A. For the period of July 20, 2007 through September 2, 2007 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $1,240.00 per month allocated as follows: $850.00 for the support of his children, Sarah M. Bolton, born September 3, 1989, and Timothy R. Bolton, born May 12, 1992, and $390.00 as spousal support. B. Effective September 3, 2007 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $1,083.00 per month allocated as follows: $625.00 per month for the support of his child, Timothy R. Bolton, and $458.00 as spousal support. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $50.00 per month on arrearages until paid in full. D. The Defendant shall provide health insurance coverage for the benefit of his wife and child, Timothy R. Bolton, as provided through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each child and spouse. Unreimbursed medical expenses of the obligee or children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the st other party no later than March 31 of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 78% by Defendant and 22% by Plaintiff. 242 SUPPORT 1999 F. The Defendant is given a credit on arrearages for direct payments made to or for the benefit of the Plaintiff totaling $1,636.14. Defendant filed exceptions to the Support Master’s Report which were briefed December 3, 2007 and argued on . Defendant does not take exception to the child support order. He objects generally to any order of spousal support on an allegation that his wife never helped him pay any household bills. As the Master accurately noted, a dependent spouse is entitled to receive support until it is proven that conduct on her Crawford v. Crawford part constitutes grounds for a fault divorce. , 429 Pa. Super. 540 (1993). Defendant presented no evidence that would nullify his obligation to pay spousal support. What financial contributions his wife may or may not have made toward the payment of household expenses prior to separation is not relevant to the obligation to pay support. Defendant maintains that he should have credit for $475.95 he paid for an 1 electric bill. At the hearing, defendant acknowledged that the $475.95 payment he made on October 1, 2007, was for electric service for a period before plaintiff filed her complaint for support. The Master specifically noted that the payment of $475.95 on October 1, 2007, was to cover a check that had failed to clear for insufficient funds. Defendant is not entitled to the claimed credit. Lastly, defendant maintains he should pay less support because he pays more tax because his wife, for years, has not filed a joint income tax with him. This does not provide a legal basis to adjust downward the calculation of support under the Pennsylvania Support Guidelines. For the foregoing reasons, the following order is entered. -2- 242 SUPPORT 1999 ORDER OF COURT AND NOW, this day of December, 2007, the exceptions of ARE DISMISSED. defendant to the Support Master’s Report, The interim order of IS MADE A FINAL ORDER OF COURT. support entered on October 1, 2007, By the Court, Edgar B. Bayley, J. Laurie A. Bolton, Pro se 40 N. Enola Drive Enola, PA 17025 Ernest E. Bolton, Pro se c/o Rena Burk 2704 Lisburn Road Camp Hill, PA 17011 DRO :sal The Master did give defendant credit totaling $1,636.14 for bills he paid after 1 plaintiff filed her complaint on July 20, 2007. -3- LAURIE A. BOLTON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : ERNEST E. BOLTON, : PACSES: 183100887 DEFENDANT : NO. 242 SUPPORT 1999 IN RE: DEFENDANT’S EXCEPTIONS TO SUPPORT MASTER’S REPORT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of December, 2007, the exceptions of ARE DISMISSED. defendant to the Support Master’s Report, The interim order of IS MADE A FINAL ORDER OF COURT. support entered on October 1, 2007, By the Court, Edgar B. Bayley, J. Laurie A. Bolton, Pro se 40 N. Enola Drive Enola, PA 17025 Ernest E. Bolton, Pro se c/o Rena Burk 2704 Lisburn Road Camp Hill, PA 17011 DRO :sal