You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Amato, J. v. Amato, K.

Citation: Not availableDocket: 1424 EDA 2021

Court: Superior Court of Pennsylvania; August 3, 2022; Pennsylvania; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the appellant challenged a child support order issued by the Montgomery County Court of Common Pleas, which was based on a Support Hearing Officer's determination of the parties' incomes. The appellant contended that the trial court improperly calculated his income by including depreciation, business deductions, and other financial elements without accounting for personal loans and corporate debts. Furthermore, he disputed the inclusion of childcare expenses and the denial of a mortgage deviation, claiming these decisions were unjust and biased. The trial court upheld the Hearing Officer's findings, emphasizing that deductions like depreciation were legally added back to reflect true cash flow and that childcare expenses were warranted given both parties' potential full-time employment. The court also justified its approach by noting potential manipulation in income reporting, supported by the appellant's minimal tax payments. The appellant's arguments regarding alimony pendente lite were dismissed as premature, pending a divorce decree. Ultimately, the court found no abuse of discretion in its rulings, affirming the support order as equitable and consistent with legal standards for assessing a business owner's income and obligations.

Legal Issues Addressed

Abuse of Discretion in Support Awards

Application: The support award was reviewed for abuse of discretion, requiring evidence of misapplication of law or unreasonable judgments.

Reasoning: Support awards are reviewed for abuse of discretion, requiring evidence of misapplication of law, unreasonable judgments, or bias.

Adding Back Depreciation in Income Calculations

Application: The court found it appropriate to add back depreciation to the income calculation despite the appellant's assertions.

Reasoning: Adding back depreciation was appropriate despite Jason's assertions, given the overall scrutiny of his financial reporting.

Calculation of Income for Child Support

Application: The trial court upheld the calculation of income for child support purposes by considering payroll, distributions, depreciation, and auto expenses.

Reasoning: A Support Hearing Officer determined Kristen’s net monthly income at $3,866.27 and Jason's at $7,911.23, based on various financial documents and testimony.

Consideration of Business Income in Support Calculations

Application: Income calculations for a business owner must reflect actual financial resources, preventing manipulation of income reporting to evade support obligations.

Reasoning: When a spouse owns a business, income calculations for child support must consider the actual financial resources available, including all benefits from corporate ownership.

Discretionary Denial of Mortgage Deviation

Application: The court properly exercised its discretion in denying a mortgage deviation because the marital residence was considered pre-marital property.

Reasoning: The trial court upheld the Hearing Officer's decisions, concluding that: (1) denying the mortgage deviation was proper because it was discretionary and the marital residence was pre-marital property.

Inclusion of Childcare Expenses in Support Orders

Application: Childcare expenses were included in the support order as both parties were expected to have full-time earnings.

Reasoning: The childcare expense inclusion was justified as both parties were expected to have full-time earnings.

Non-Appealability of Alimony Pendente Lite

Application: Alimony pendente lite issues were not reviewable since a divorce decree had not been entered.

Reasoning: Although he raised further arguments about APL (alimony pendente lite), these were not reviewable since a divorce decree had not yet been entered.