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HomeMy WebLinkAbout1093 S 2001ELIZABETH J. GOTH V. PHILIP C. GOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1093 SUPPORT 2001 PACSES NO. 343104128 IN RE: DEFENDANT'S EXCEPTIONS TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATIONS BEFORE GUIDO, J. MEMORANDUM OPINION AND ORDER OF COURT Before us are defendant's exceptions to the Support Master's Report and Recommendations. He contends that the master erred in 1) assigning plaintiff an earning capacity based upon her working part time rather than full time; and 2) not allowing defendant to continue paying the mortgage on the marital home as part of his support obligation.~ The second assignment of error was resolved by the agreement of the parties.2 Therefore, we shall address only the first. After reviewing the record and the briefs of the parties, we are satisfied that the Support Master correctly assigned the plaintiff an earning capacity based upon part time employment.3 She has consistently worked part time since the birth of the first of the ~ Plaintiff resides in the marital home. : The parties have agreed that the defendant may make the monthly mortgage payment commencing in June, 2003 and receive credit against his support obligation for any amount paid. Defendant contends that since he is now "paying the mortgage," plaintiff is no longer entitled to an adjustment for excess mortgage payments under Pa. Rule of Civil Procedure 1910.16-6(e). We disagree. As long as defendant is receiving a dollar for dollar credit against his support obligation, plaintiff is still the party actually paying the mortgage. 3 The Support Master did a thorough and capable job of addressing the issues raised in this matter. Except as modified herein, we adopt the "Findings of Fact" and "Discussion" portions of his Report. NO. 1093 SUPPORT 2001 - PACSES NO. 343104128 parties' four children almost eighteen (18) years ago. Since the time of their separation in December 2001, she has had custody of their youngest child who is only eight (8) years old.4 Further, she did not find adequate child care until late February of this year. However, we find that after plaintiff did find adequate child care, there was no longer any reason that she could not obtain full time employment. She has current earnings of $10.00 per hour. Therefore, effective March 1, 2003, her annual earning capacity is set at $20,000. In view of the revised earning capacity, the support due after March 1, 2003 has been calculated in accordance with Exhibits A and B attached hereto. ORDER OF COURT AND NOW, this day of JUNE, 2003, paragraph "B" of the order dated February 25, 2003, is modified to provide as follows: B. Effective March 1, 2003, the Defendant shall pay as support the sum of $1615.27 per month allocated as $847.67 child support, $662.70 spousal support and $104.90 mortgage adjustment. In all other respects the order of February 25, 2003, shall remain in full force and Effect. Said order, as modified herein, shall be a final order of court. By the Court, Elizabeth Goth Philip Goth Michael Rundle, Esquire Domestic Relations Office Edward E. Guido, J. :sld See the "nurturing parent doctrine" first recognized in Commonwealth ex tel. ~Fascolek v. ~Fascolek, 251 Pa. Super. 108, 380 A.2d 400 (1977).