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HomeMy WebLinkAbout92-1272 support (2)IDA M. PETKUS, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · vs. · DOMESTIC RELATIONS SECTION · NO. 1272 SUPPORT 1992 JOHN O. DUDLEY, ' Defendant · DR 20,858 MEMORANDUM AND ORDER The parties are the natural parents of Erica L. Dudley, bom December 12, 1982. The parties divorced in 1987 and the mother has subsequently remarried. The plaintiff has appealed an order of support entered July 21, 1999, notwithstanding the fact that the order increased the father' s support obligation for the child from approximately $730.00 per month to $1,478.00 per month. In addition, the father's share of unreimbursed medical expenses was increased from fifty percent to seventy-three percent. The order also made allowance for the fact that Erica is attending parochial school. The plaintiff continues to seek a support order in which the defendant contributes towards a private school education. The plaintiff, in addition, seeks an increase over the current order and even an upward deviation from the guidelines for certain expenses of the child, including college application and registration fees, SAT preparation classes, a summer theater program1 and the additional costs incurred by the plaintiff for adding the child to the plaintiff s husband's automobile insurance. The mother also seeks an order providing that the father will pay his proportionate share of unreimbursed psychiatric and psychological expenses. ~ The order entered today is not intended to preclude a request by the plaintiff for a one-time contribution to a summer program once those plans become known. Despite the plaintiff' s exceptions to it, we agree that the Domestic Relations Office acted properly in assessing ti~e mother a monthly earning potential of $3,019.99. This sum, added to the father's monthly net income of $8,356.81 is approximately 5;11,375.00. According to Pa.R.C.P. 1910.16-3 and the basic child support schedule set out therein, the total support appropriate in 'this case is approximately $1,755.00. Dividing this obligation in proportion to the incomes of the parties, the guideline support obligation of the defendant in this case is $1,300.00 per month. With this amount of money, together with her contribution, the mother should be expected to pay the living expenses of her teenage daughter, including college application fees and automobile insurance. We, u~31ike the Domestic Relations Hearing Officer, decline to adjust this order upwardly in consideration of Erica's private school education. On this issue, we find the father's testimony to be the more credible. He has testified that it is not reasonable to expect him to contribute to a parochial school education. The child has been attending public school for many years. There was no agreement between the parties that the child would attend a Catholic school and, in fact, the parochial school education was not consistent with the lifestyle of the parties during their marriage. We do agree with the mother on the matter of the child's psychiatric and psychological expenses. It is correct that Pa.R.C.P. 1910.16-6(c) exempts psychiatric and psychological services from the provisions of the guidelines having to do with unreimbursed medical expenses. The rule, however, expressly authorizes the court to direct payment of these expenses in an appropriate case. While the father has his own opinions concerning the efficacy of his daughter's psychological treatments, it is clear that her care is being overseen by bona fide professionals who are addressing very real and severe mental health concerns. For these reasons we will direct, in this case, that unreimbursed medical expenses include psychiatric and/or psychological services. ORDER AND NOW, this '~ ° day of January, 2000, our order of July 21, 1999, is modified to provide that the defendant shall pay on account of the support of his child, Erica L. Dudley, the sum of $1,300.00 per month, payable bi-weekly. The order is further modified to provide that unreimbursed medical expenses shall include expenses for psychiatric and/or psychological services. That portion of the order providing for the payment of one-half of the parochial school tuition is STRICKEN. All other terms and conditions of our order of July 21, 1999, not inconsistent herewith, shall remain in full force and effect. BY THE COURT, Kewn)~. Hess, J. z. /. John Baransky, Esquire / For the Plaintiff Thomas Diehl, Esquire For the Defendant DRO :rim