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Riley v. Foley

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eBook details

  • Title: Riley v. Foley
  • Author : Pennsylvania Superior Court
  • Release Date : January 10, 2001
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

1 This is an appeal from the child support order entered in the Court of Common Pleas of Montgomery County. On appeal, Mother contends that the trial court erred in calculating child support under the Pennsylvania Support Guidelines, instead of the dictates of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). Specifically, Mother contends that, in determining whether the Pennsylvania Support Guidelines apply, the trial court erred in calculating Fathers monthly net income since (1) the trial court failed to consider the testimony, (2) the trial court failed to show support for its findings of fact, (3) Fathers testimony regarding his earning capacity is self-serving, (4) the trial court erred in failing to accept into evidence Fathers 1997 tax return, (5) the trial court erred in failing to consider the inclusion/exclusion of the income Father received from the liquidation of his stocks, (6) the trial court erred in failing to indicate whether it was amortizing the income Father earned from the liquidation of his stocks from the date of the petition for modification and J.F.s eighteenth birthday or whether it was annualizing the amount, and (7) the trial court erred in failing to consider Mothers child related expenses. In addition, Mother contends that the trial court erred in giving Father credit for shared custody from June 1, 2000, instead of January 13, 2001. We affirm with regard to all of the issues concerning the calculation of Fathers monthly net income and the application of the Pennsylvania Support Guidelines, but we reverse as to Mothers contention regarding the credit given to Father, which is an issue of first impression.


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