Newman v. Newman
Newman v. Newman
Opinion of the Court
The issue in this case is whether the enactment of the statewide child and spousal support guidelines
We think this is particularly true in light of the expressed intention by the formulators of the guidelines that they represent “a beginning” and that they shall be subject to “ongoing review”.
In the instant case appellee-wife misapprehends the heart of the problem when she cites cases which, on remand, direct the trial court to apply the uniform state guidelines in determining the appropriate level of support. Had wife demonstrated a change of circumstances such that modification of the existing order was justified, then certainly the use of the guidelines would have been mandated in calculating the amount of support. In this case we hold merely that the enactment of the guidelines, without more, does not itself constitute the requisite change.
In a recent case, a panel of this court made clear just this distinction in its disposition of Keating v. Keating, 407 Pa.Super. 31, 595 A.2d 109 (1991). In Keating, we stated that “[t]he support guidelines must be considered in entering an original support order and in entering, as in the instant case, a modified order.” Id., 407 Pa.Superior Ct. at _, 595 A.2d at 113. However, the Keating court reiterated that a modification “is justified only when supported by clear and positive evidence after a hearing on the merits”. Id., 407 Pa.Superior Ct. at _, 595 A.2d at 115. Since, in Keating, the petitioner “did not meet her burden of proving that a material and substantial change in circum
A review of the record here clearly indicates that, other than the trial court’s mistaken acceptance of the guidelines themselves as a change in circumstances, no justification for modification was demonstrated. The progress of this case through the courts has been long and complicated. The facts relevant to this appeal are as follows. The husband filed a petition for special relief. In his petition for special relief husband offered to pay $113 and $34 weekly for two children and wife, respectively. Wife accepted this offer and therefore, on April 7, 1989, in accordance with the agreement of the parties the court entered its order.
About six months later on October 12, 1989, the wife petitioned the court for an increase based on an asserted “change in net amount of wages” and, in addition, on the fact that husband “is not making mortgage payments any more”. Although delayed many times, a conference was finally held before the Domestic Relations Hearing Officer on July 9, 1990. The hearing officer calculated the parties’ incomes based on husband’s 1989 income tax . return and wife’s wage certification. The hearing officer’s notes indicate that neither party submitted an income and expense statement, since each averred that there were no extraordinary expenses to consider. Based on the adjusted net incomes arrived at by the domestic relations accountant, the hearing officer calculated child and spousal support based on the uniform state support guidelines. On July 9, 1990, the court entered an order which adopted the hearing officer’s recommendation that support be set at $167.00 per week for two children and $129 per week for spouse pursuant to the guidelines. Husband sought a de novo hearing which was held on October 9, 1990.
We summarize the hearing evidence in order to emphasize what should be plain from our recitation of the testimony. No testimony was offered or heard which even arguably could support a finding that the parties’ circumstances had materially and substantially changed since the entry of the April 7, 1989 order from which modification was sought. Nothing in the record even attempted to compare the parties’ circumstances in April 1989 and in October 1989 when wife sought modification. Although wife’s initial petition to increase support was based on an alleged increase in husband’s income and a cessation of mortgage payments by husband, no evidence was introduced to allow the trial court to make such findings or to conclude that the increase or changes were material and substantial enough to sustain the requested modification. In fact, the trial court appeared to conclude that no change of circumstances had taken place. Nevertheless, the trial court found that modification was justified based on the enactment of the statewide support guidelines. Since we hold that this conclusion was erroneous, we vacate the support order.
We therefore find that appellee failed to substantiate that a material and substantial change in circumstances had occurred since the entry of the previous support award from which modification was sought. We further find that the promulgation of the support guidelines does not alone constitute a change in circumstances such as would justify modification.
Order vacated and case remanded for proceedings consistent with this opinion. Jurisdiction relinquished.
. Statewide child and spousal support guidelines are provided for in Pennsylvania Rules of Civil Procedure 1910.16-1 to 1910.16-5, effective September 30, 1989.
. Pa.R.C.P. 1910.16-1, Explanatory Comment — 1989, Conclusion.
. In a somewhat analogous case, this court found that the increase in the cost of living alone will not justify a modification in support awards. Commonwealth ex rel. Sladek v. Sladek, 386 Pa.Super. 490, 563 A.2d 172 (1989). In Sladek, we stated that “appellee’s conclusory declaration that an increase in support was necessitated by an increase in the cost of living over a two year period, without any reference to specific instances in which the increase in the cost of living has affected her expenditures in relation to her two children, is insufficient to establish the existence of a change in circumstances.” Id., 386 Pa.Superior Ct. at 495, 563 A.2d at 175. We think that Sladek clarifies what must be axiomatic in regard to modification of support awards, i.e. that "change in circumstances” must relate to the circumstances of the parties and their children, and not to a change which stems from an external, neutral factor such as an increase in the cost of living or the passage of time. See Forry v. Forry, 359 Pa.Super. 602, 604-05, 519 A.2d 516, 517 (although the mere passage of time does not in itself constitute a change of circumstances, a protracted period of time can be considered a factor if such passage affects the nature of the needs and expenditures of child and custodial parent).
. One of the minor children at home being cared for by wife is a very young child not born of this marriage and whose support is not at issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.