Mascaro v. Mascaro

• Decision Date: 20 August 2002
• Citation: 569 Pa. 255,803 A.2d 1186
• Parties: Rosemary MASCARO, Appellant, v. Joseph MASCARO, Appellee.
• Court: Pennsylvania Supreme Court

803 A.2d 1186

569 Pa. 255

Rosemary MASCARO, Appellant, v. Joseph MASCARO, Appellee.

Supreme Court of Pennsylvania.

Argued November 14, 2001.

Decided August 20, 2002.

David J. Draganosky, Lansdale, David S. Rasner, Lawrenceville, NJ, Mark Randolph Ashton, Exton, for Rosemary Mascaro.

Rochelle B. Grossman, David L. Ladov, Plymouth Meeting, for Joseph Mascaro.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

Justice NEWMAN.

We granted appeal in this matter to determine whether the support guidelines, Pa.R.C.P.1910.16-1-1910.16-7,¹ apply to spousal support cases where the parties' combined net income exceeds $15,000 per month ($180,000 per year).² Because we hold that they do apply, we reverse the decision of the Superior Court, which held that in such cases, spousal support is calculated pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984).

FACTS AND PROCEDURAL HISTORY

Joseph Mascaro (Husband) and Rosemary Mascaro (Wife) were married in August of 1978, and separated in October of 1994. They had one child, born on November 14, 1984. On June 4, 1996, Wife filed a Complaint for Support, and on September 25, 1996, a master issued a recommendation that Husband pay Wife $2,500 per week ($130,000 per year) tax free for spousal and child support.³ Both parties filed exceptions, following which the trial court held a de novo hearing. The trial court determined that Husband had monthly after-tax income of nearly $52,000 ($624,000 per year). The parties agreed that Wife had no earning capacity.

On June 10, 1998, the trial court ordered Husband to pay Wife $19,786 per month ($237,432 per year) in child and spousal support. Husband sought reconsideration of the June 10, 1998 award, which the trial court granted by Order dated June 29, 1998. On May 4, 1999, the trial court ordered Husband to pay Wife $13,000 per month ($156,000 per year) as tax-free unallocated spousal and child support. The court determined that where monthly income exceeds the limit provided in the support guidelines, both child support and spousal support must be calculated pursuant to the formula set forth in Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). On appeal, the Superior Court affirmed the order of the trial court.

DISCUSSION

Support Guidelines

Pa.R.C.P.1910.16-2(e)(2) clearly provides that when the parties' combined net income exceeds $15,000 per month ($180,000 per year), child support shall be calculated pursuant to Melzer. The Rule further provides:

The presumptive minimum amount of child support shall be obligor's percentage share of the highest amount of support which can be derived from the schedule for the appropriate number of children and using the parties' actual combined income to determine obligor's percentage share of this amount. The court may award an additional amount of child support based on the parties' combined income and the factors set forth in Melzer. The Melzer analysis in high income child support cases shall be applied to all of the parties' income, not just to the amount of income exceeding $15,000 per month. In a Melzer analysis case, the presumptive minimum remains applicable.

Pa.R.C.P. 1910.16-2(e)(2).

In Melzer, we held that "the hearing court must first calculate the reasonable expenses of raising the children involved, based upon the particular circumstances—the needs, the custom, and the financial status—of the parties." Melzer at 995. Once the reasonable needs of the children have been determined, Melzer sets forth a formula to calculate each parent's support obligation. A determination of the reasonable needs of the children depends upon the standard of living that the obligor can afford, "not what he is willing to pay for." Karp v. Karp, 455 Pa.Super. 21, 686 A.2d 1325, 1328 (1996), petition for allowance of appeal granted, 549 Pa. 701, 700 A.2d 441 (1997), appeal discontinued with prejudice by Order of the Pennsylvania Supreme Court, dated September 16, 1998. Accordingly, an obligor may not force his or her children to live below the family's means.

The statutory basis for the support guidelines is found in Section 4322 of the Divorce Code, which provides:

(a) Statewide guideline.—Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties' assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years.

(b) Rebuttable presumption.—There shall be a rebuttable presumption, in any judicial or expedited process, that the amount of the award which would result from the application of such guideline is the correct amount of support to be awarded. A written finding or specific finding on the record that the application of the guideline would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case, provided that the finding is based upon criteria established by the Supreme Court by general rule within one year of the effective date of this act.

23 Pa.C.S. § 4322.

Pa.R.C.P. 1910.16-1 sets forth the general principles regarding application of the support guidelines:

(a) Applicability of the Support Guidelines. The support guidelines set forth the amount of support which a spouse or parent should pay on the basis of both parties' net monthly incomes as defined in Rule 1910.16-2 and the number of persons being supported. The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures.

(b) The amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the procedures under Rules 1910.11 and 1910.12 shall be determined in accordance with the support guidelines which consist of the guidelines expressed as the child support schedule set forth in Rule 1910.16-3, the formula set forth in Rule 1910.16-4 and the operation of the guidelines as set forth in these rules.

...

(d) If it has been determined that there is an obligation to pay support, there shall be a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. The support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties. The trier of fact must consider the factors set forth in Rule 1910.16-5. The presumption shall be rebutted if the trier of fact makes a written finding, or a specific finding on the record, that an award in the amount determined from the guidelines would be unjust or inappropriate.

Pa.R.C.P. 1910.16-1. The 1998 Explanatory Comment to this Rule indicates that the guidelines are based upon the Income Shares Model developed by the Child Support Guidelines Project of the National Center for State Courts. Because authoritative economic studies demonstrate the average amount of money that intact families with a monthly net income of $15,000 or less spend on their children, such amounts serve as the basic child support schedule set forth in Pa.R.C.P. 1910.16-3.

Pa.R.C.P. 1910.16-4 provides the following method by which to calculate spousal support or alimony pendente lite (APL) when the parties have dependent children:

PART IV. SPOUSAL SUPPORT OR APL With Dependent Children 12. Obligor's Monthly Net Income (line 4) ________ 13. Less Obligor's support, alimony pendente lite or alimony obligations, if any, to children or former spouses who are not part of this action (See Rule 1910.16-2(c)(2)) ( ) 14. Less Obligee's Monthly Net Income (Line 4) ( ) 15. Difference ________ 16. Less Obligor's Total Child Support Obligation (line 11) ( ) 17. Difference ________ 18. Multiply by 30%⁴ × .30 19. Amount of Monthly Spousal Support or APL ________

Pa. R.C.P. 1910.16-4(a) Part IV.

An award of child or spousal support determined under the support guidelines is a rebuttable presumption, from which the trier of fact may deviate under certain circumstances. Pa.R.C.P. 1910.16-5 provides:

(a) If the amount of support deviates from the amount of support determined by the guidelines, the trier of fact shall specify, in writing, the guideline amount of support, and the reasons for, and findings of fact justifying, the amount of the deviation.

Note: The deviation applies to the amount of the support obligation and not to the amount of income.

(b) In deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider:

(1) unusual needs and unusual fixed obligations;

(2) other support obligations of the parties;

(3) other income in the household;

(4) ages of the children;

(5) assets of the parties;

(6) medical expenses not covered by insurance;

(7) standard of living of the parties and their children;

(8) in a spousal support or alimony pendente lite case, the period of time during which the parties lived together from the date of marriage to the date of final separation; and

(9) other relevant and appropriate factors, including the best interests of the child or children.

Pa.R.C.P. 1910.16-5. Accordingly, the guidelines direct a finder of fact to calculate a spousal support or APL award according to the formula set forth in Rule 1910.16-4 and to deviate from that result according to the factors provided in Rule 1910.16-5.

Despite the existence...