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HomeMy WebLinkAbout99-768 SupportGERALD K. BUSH, Plaintiff VS. DEBORAH J. HADLEY-BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 566101465 NO. 768 SUPPORT 1999 IN RE: CROSS-EXCEPTIONS OF THE PARTIES TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION BEFORE HESS. J. OPINION AND ORDER Before the court are exceptions of both parties to the Support Master's Report and Recommendation and an interim order of court dated February 19, 2003. As part of our disposition of the matter, we adopt the findings of fact of the master, with the exception of finding of fact number 10. We are satisfied that all of the remaining findings of fact are fully and adequately supported by the record. In their briefs, the parties are in agreement that the master (no doubt inadvertently) failed to include $5,800.00 of teaching earnings for the spring semester of 2003 in computing the defendant's income. We agree with the defendant, however, that that increase in gross income will result in a necessarily higher deduction for taxes. Using the plaintiff' s figure for gross income and the defendant's figure for taxes, the recalculation results in a net monthly income of the mother/defendant of $1,820.00. The plaintiff' s net monthly income is $3,157.00, making the combined income of the parties $4,977.00. The total monthly support obligation is $920.00 as to which the mother's share is slightly less than thirty-seven percent or $340.00. The defendant excepts that the master calculated child care expenses based on an assumption that the child would be with the mother for the same amount of time in the summer of 2003 as he was in 2002. There is, however, support in the record for that factual assumption. NO. 768 SUPPORT 1999 In the end, if that has not been the case, the defendant can seek a modification. The defendant's share of child care, however, must be adjusted in accordance with previously mentioned percentages leaving the mother with a child care expense obligation of $96.00 per month. We believe that the master properly calculated the defendant's share for health insurance in accordance with Pa.R.C.P. 1910.16-6(b)(1). We agree with the plaintiff, however, that a revised percentage should be used. This results in a calculation whereby the mother's share is $68.00. Finally, the plaintiff excepts to the master's report and recommendation insofar as it fails to assign a greater earning capacity to the mother. We agree, however, with the master's analysis and specifically with his finding that the defendant has not willfully failed to obtain appropriate employment. ORDER AND NOW, this day of July, 2003, upon consideration of the Support Master's Report and Recommendation and the exceptions filed thereto, it is ordered and directed that: a. The defendant shall pay to the State Collection and Disbursement Unit for transmission to the plaintiff as support for her child, Kyle Andrew Bush, born May 21, 1994, the sum of $504.00 per month. b. The defendant shall pay the additional sum of $20.00 on arrearages until paid in full. c. The defendant shall pay 36.5% of the unreimbursed medical expenses incurred by said child as that term is defined in Pa.R.C.P. 1910.16-6(c). The plaintiff shall pay the balance of said expenses. d. The effective date of this order is September 23, 2002. 2 NO. 768 SUPPORT 1999 e. Except as modified herein, the order of October 12, 2001, shall remain in full force and effect. BY THE COURT, Jacqueline M. Verney, Esquire For the Plaintiff Timothy J. O'Connell, Esquire For the Defendant Support Master Kevin A. Hess, J. 3 GERALD K. BUSH, Plaintiff VS. DEBORAH J. HADLEY-BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 566101465 NO. 768 SUPPORT 1999 IN RE: CROSS-EXCEPTIONS OF THE PARTIES TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION BEFORE HESS. J. ORDER AND NOW, this 21st day of July, 2003, upon consideration of the Support Master's Report and Recommendation and the exceptions filed thereto, it is ordered and directed that: a. The defendant shall pay to the State Collection and Disbursement Unit for transmission to the plaintiff as support for her child, Kyle Andrew Bush, born May 21, 1994, the sum of $504.00 per month. b. The defendant shall pay the additional sum of $20.00 on arrearages until paid in full. c. The defendant shall pay 36.5% of the unreimbursed medical expenses incurred by said child as that term is defined in Pa.R.C.P. 1910.16-6(c). The plaintiff shall pay the balance of said expenses. and effect. The effective date of this order is September 23, 2002. Except as modified herein, the order of October 12, 2001, shall remain in full force BY THE COURT, Kevin A. Hess, J. Jacqueline M. Verney, Esquire For the Plaimiff Timothy J. O'Connell, Esquire For the Defendant Support Master