Curtaccio v. Commonwealth
Curtaccio v. Commonwealth
Opinion of the Court
Opinion by
Mildred R. Curtaccio appeals a Department of Public Welfare (DPW) order adopting a hearing examiner’s decision reducing the Aid to Families with Dependent Children (AFDC) benefits which she received for her two children from a previous marriage. We. affirm.
DPW has promulgated a regulation
Curtaccio’s contentions are that (1) DPW’s regulation violates the due process and equal protection clauses of the U.¡S. Constitution, (2) it interferes with the Commonwealth’s right to establish and enforce support obligations and (3) DPW’s decision is contrary to law and unsupported by substantial evidence because it did not consider .past medical expenses as deductions from available income. These legal questions are subject to this Court’s review. 2 Pa. C. S. §704.
Curtaccio’s initial contention is meritless. This Court has held that provisions deeming income of a stepparent available to a child do not violate either due. process or equal protection rights under the
Curtaccio further contends that DPW’s regulation, in effect, requires her new husband to support his unadopted stepchildren in a manner not required by-Pennsylvania support law.
DPW concedes that its regulation also allows the stepfather to deduct, from his total net income in any month, the medical expenses he paid during that month.
We hold that DPW’s regulation does not violate Curtaccio’s constitutional due process or equal protection rights and that DPW committed no error of law
Affirmed.
Order
' Tbe order of the Department of Public Welfare, Case #43757-0 dated September 16, 1983, is affirmed.
55 Pa. Code §183.44(b) (2) (ii).
The Support Law, Act of June 24, 1937, P.L. 2045, as amended, 62 P.S. §§1971-77.
55 Pa. Code §183.44(b) (2) (ii) (B) (I) (-b-) (-2-) provides for deduction of “[t]he actual cost of medical care for the spouse or parent and his allowable dependents.”
See 55 Pa. Code §§183.23 and 183.24.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.