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HomeMy WebLinkAbout98-751 SupportLAURI A. BECKER V. DAVID J. BECKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 751 SUPPORT 1998 PACSES NO. 499100311 IN RE: CROSS EXCEPTIONS OF PLAINTIFF AND DEFENDANT TO REPORT AND RECOMMENDATION OF SUPPORT MASTER BEFORE JUDGE GUIDO OPINION AND ORDER OF COURT Before us are the cross exceptions filed by the parties to the Support Master's Report and Recommendation. After a thorough review of the record, and the briefs of the parties, we are satisfied that the Support Master thoroughly and correctly addressed the issues raised, except for the repayment of arrears. We hereby adopt his opinion as it relates to those issues. With regard to the accumulated arrears, we note that at the rate recommended by the Master it would take the defendant many years to bring his account current. Therefore, we will exercise our discretion to increase the monthly payment defendant must make toward arrears. There is another area upon which we feel compelled to comment, i.e. the defendant's concerted efforts to conceal income. As was the Master, we are troubled by what he referred to as the "tax avoidance and consequently support avoidance tactics employed by the defendant in his business operations." However, as the Master noted, most of those avoidance tactics occurred in 2001. Since the defendant had not yet filed NO. 751 SUPPORT 1998 - PACSES NO. 499100311 any of his 2001 income tax returns at the time of the hearing, the record does not contain sufficient information to allow for an adequate determination of their effect upon his income. We are satisfied that the Master appropriately determined defendant's income based upon the financial information available. However, we agree with plaintiff that it is our responsibility to thoroughly examine the defendant's finances, especially in cases such as this where he has been less than candid with regard to his income. We also note that plaintiff should not be penalized because of defendant's failure to provide necessary information. Therefore, we will direct the defendant to provide plaintiff' s counsel with a copy of all tax returns filed for 2001, if he has not already done so. Plaintiff can then determine whether to file a petition for modification. If such a petition is filed within thirty (30) days of the date of this order, or of receipt of the income tax returns by plaintiff' s counsel, whichever is later, we will make any modification retroactive to January 1, 2001. ORDER OF COURT AND NOW, this 30TM day of DECEMBER, 2002, after careful review of the transcript of proceedings before the Support Master dated June 6, 2002, as well as his Report and Recommendation, and after having reviewed the briefs filed by each party it is hereby ordered and decreed as follows: A. The Defendant shall pay to the State Collection and Disbursement Unit (SCDU) in Harrisburg, Pennsylvania, for transmission to the Plaintiff as support for his children, Kaitlin A. Becker, born November 16, 1989, and Jordan D. Becker, born March 25, 1994, the sum of $1566.00 per month. B. The Defendant shall pay to SCDU for transmission to the Plaintiff as spousal support the sum of $755.00 per month. NO. 751 SUPPORT 1998 - PACSES NO. 499100311 C. The Defendant shall pay to SCDU the additional sum of $500.00 per month on arrearages until paid in full. D. The Plaintiff shall continue to provide health insurance for the benefit of said children. E. The Defendant shall pay 84% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa. R.C.P. 1910. 16-6(c). The Plaintiff shall pay the balance of said expenses. F. The effective date of this order is June 9, 2000. G. The administrative provisions of our order of August 9, 2000, shall remain in full force and effect. The defendant is also ordered and directed to provide plaintiff' s counsel with a copy of all 2001 income tax returns filed by him, or any entity in which he had a financial interest. Said returns shall be provided within thirty (30) days of today's date. Plaintiff may then decide whether to file a petition for modification based upon defendant's income for the year 2001. If said petition is filed within thirty (30) days of the date of this order, or of her counsel's receipt of the tax returns, whichever is later, any modification shall be effective January 1,2001. By the Court, Samuel L. Andes, Esquire Donald T. Kissinger, Esquire Michael Rundle, Esquire Support Master DRO /s/Edward E. Guido Edward E. Guido, J.