Stipa, M. v. Giampaolo, A. ( 2023 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
MICHELE M. STIPA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
ANTHONY D. GIAMPAOLO :
:
Appellant : No. 2740 EDA 2022
Appeal from the Order Entered October 7, 2022
In the Court of Common Pleas of Philadelphia County
Domestic Relations at No(s): 17-01688,
PACSES 344116864
BEFORE: PANELLA, P.J., DUBOW, J., and STEVENS, P.J.E.*
MEMORANDUM BY PANELLA, P.J.: FILED AUGUST 29, 2023
Anthony D. Giampaolo (“Father”) appeals pro se from the order denying
his motion to modify child support for J.G.S. (“Child”). Father argues he is
entitled to a downward deviation of his child support obligations due to
contributions to Mother’s household income by her parents. We affirm.
Father and Michele M. Stipa (“Mother”) are the parents of Child, born in
November 2016. In December 2017, Mother filed a complaint for child
support. In April 2018, the trial court entered in interim order directing Father
to pay $604.52 per month plus $60.00 monthly in arrears. On April 5, 2019,
Father filed a motion for discovery seeking Mother’s parents’ tax returns for
2017 and 2018. Ostensibly, Father sought to reduce his child support based
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* Former Justice specially assigned to the Superior Court.
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upon the proposition that Mother’s parents were contributing to her household
income. On April 29, 2019, while the discovery motion was still pending, the
trial court ordered Father to pay $482.66 per month in child support. This
Court ultimately affirmed this trial court order. See Stipa v. Giampaolo,
1328 EDA 2019 (Pa. Super. filed Mar. 23, 2020) (unpublished memorandum).
While the appeal was pending, Father filed a petition to reduce his child
support. On November 8, 2019, the support hearing officer filed a proposed
order, finding Father’s support obligation to be $399.17 per month plus $30
in arrears. On November 21, 2019, Father filed exceptions to the hearing
officer’s proposed order. Thereafter, the trial court issued an order holding
Father’s April 5, 2019 discovery motion in abeyance pending this Court’s initial
decision in 2020. On October 26, 2020, the trial court entered an order,
reducing Father’s support obligation to $319.34 per month.
On February 16, 2021, Father filed another petition to modify child
support. On April 21, 2021, the trial court issued an interim order finding
Father’s child support obligation to be $289.75, and scheduled a further
support hearing. Thereafter, the hearing officer denied Father’s petition to
modify, noting that although the guideline calculation amount was $294.53,
she would maintain the support order at $289.75. Father again filed
exceptions. On March 18, 2022, the trial court held a hearing, after which it
entered an order, denying without prejudice the exceptions due to the still
outstanding discovery motion that was scheduled to be heard on March 30,
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2022.1 Notably, the order stated that “[i]f additional income is acknowledged
by the trial court … (and that income is proven to be contributed to [] Mother’s
household), then that income may be considered for any support filing
subsequent to April 5, 2019.” Subsequently, the trial court granted Father’s
motion for discovery, and remanded Father’s November 21, 2019 exceptions
to the hearing officer with the requirement that Mother’s parents’ 2020 tax
return be provided to the hearing officer.
On May 16, 2022, the hearing officer held a hearing. Mother’s parents
2020 tax return was entered into evidence and reflected that they had an
income of $63,585.00. Moreover, Mother testified that although her parents
live with her and Child for 8 months of the year, they do not contribute any
money toward the household expenses. Father did not elicit any further
evidence that Mother’s parents contribute to the household. As a result, the
hearing officer entered a proposed order directing Father to pay $289.75 per
month until June 1, 2022, and $231.80 per month thereafter. Father filed
exceptions to the proposed order, arguing that the hearing officer ignored
Mother’s parents’ income in determining whether to deviate from the guideline
amount of support, because Mother’s parents contribute to her household
income. The trial court held a hearing, after which it denied Father’s
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1 The trial court also denied Father’s exceptions concerning arrears and credits
without prejudice because such claims were subject of separate motions, and
Father’s exception regarding wage attachment, as he was not subject to
attachment at that time.
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exceptions, and made the support officer’s proposed order final. This timely
appeal followed.
Father raises the following question for our review: “Did the lower court
err as a matter of law when it ignored other household income contrary to
Pa.R.C.P.1910.16-5(b)(3)?” Appellant’s Brief at 6.
Our standard in reviewing child support orders is as follows:
When evaluating a support order, this Court may only
reverse the trial court’s determination where the order cannot be
sustained on any valid ground. We will not interfere with the broad
discretion afforded the trial court absent an abuse of the discretion
or insufficient evidence to sustain the support order. An abuse of
discretion is not merely an error of judgment; if, in reaching a
conclusion, the court overrides or misapplies the law, or the
judgment exercised is shown by the record to be either manifestly
unreasonable or the product of partiality, prejudice, bias or ill will,
discretion has been abused. In addition, we note that the duty to
support one’s child is absolute, and the purpose of child support
is to promote the child’s best interests.
Furthermore, this Court must accept findings of the trial
court that are supported by competent evidence of record, as our
role does not include making independent factual determinations.
In addition, with regard to issues of credibility and weight of the
evidence, this Court must defer to the trial judge who presided
over the proceedings and thus viewed the witnesses first hand.
When the trial court sits as fact finder, the weight to be
assigned the testimony of the witnesses is within its exclusive
province, as are credibility determinations, and the court is free
to choose to believe all, part, or none of the evidence presented.
This Court is not free to usurp the trial court’s duty as the finder
of fact.
M.E.W. v. W.L.W., 240 A.3d 626, 634 (Pa. Super. 2020) (citations and colon
omitted).
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Father argues that the trial court erred by failing to deviate from the
support guidelines based upon Mother’s parents’ income, which he believes
constitutes “other household income” under Pa.R.C.P. 1910.16-5(b)(3).2 See
Appellant’s Brief at 10. According to Father, the hearing officer “engaged in
intellectual dishonesty” by concluding that the income in question was not a
reason to deviate from the guidelines based upon a standard of contributions
to household expenses. Id. at 12. Father claims that using such a standard
would require a forensic analysis of the money spent in a household. See id.
Father highlights that Mother’s parents’ income is higher than the income of
either party. See id. at 12, 13. Father also cites to purportedly inconsistent
testimony by Mother relating to groceries bought by her parents for their
summer home, but not for the household with Mother and child. See id. at
13; see also id. (wherein Father argues Mother’s testimony in this regard
rendered all of her testimony incredible). Father complains that the trial court
is ordering him to feed Mother’s mother with his child support payments. See
id. at 14.
The trial court addressed Father’s claim as follows:
Mother admitted her parents were primarily residing with
her, do not contribute to her expenses, do not pay rent to live with
her, and spend Memorial Day through September at the home
they own in North Cape May. She also testified that they paid her
water bill one time and buy groceries for themselves. No proof of
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2 Rule 1910.16-5(b)(3) states that “[i]n deciding whether to deviate from the
basic child support, … the trier-of-fact shall consider … other household
income[.]” Pa.R.C.P. 1910.16-5(b)(3).
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any contribution by Mother’s parents to Mother’s household
income was proven by Father. Mother specifically denied any such
contribution. [The hearing officer] found Mother’s testimony to be
credible that, although her parents’ combined income is
$63,585.00, they do not contribute to Mother’s monthly household
expenses during the 8 months they reside with Mother. No reason
was found by [the hearing officer] to deviate from the guideline
amount of support.
The [trial] court was never given any reason or basis to
believe that Mother’s parents contributed to Mother’s household
income. Father presented no proof to contradict Mother’s
testimony. The [hearing officer] found Mother credible and the
trial judge had no reason to find Mother incredible. There was
nothing upon which the trial court could base a finding of a
contribution by Mother’s parents to Mother’s household at all.
Father’s only “evidence” proffered to counter Mother’s testimony
was “common sense” and the fact that Mother’s parents earned a
total of $63,585.00 in retirement income. … Father also indicated
that the [hearing officer] was intellectually dishonest when [the
hearing officer] did not permit a downward deviation from Father’s
child support obligation because of the alleged contribution of
Mother’s parents to Mother’s household, but gave no proof
whatsoever of the [hearing officer’s] intellectual dishonesty.
Father also misstated the [hearing officer’s] finding of facts as set
forth in [his] report from [May 16, 2022]. The [hearing officer]
found that “on cross-examination, the obligee (Mother) testified
her parents buy their own groceries.” Father counters that finding
and insists that “to the contrary, [Mother] testified that her
parents only bought food for their summer house, not when they
lived in [Mother’s] house during the majority of the year.” At the
actual hearing, Father asks Mother during cross-examination, “Uh,
and, uh your mom, uh, buys groceries for the household, true.”
Mother responds, “She buys groceries for her and my father.” And
further clarifies, “Only her and my father, yes.” Father then refers
to a video (not in evidence) that apparently shows Mother’s
mother unloading groceries from the Acme on a Saturday morning
and asks, are groceries just for her?” Mother replies and states,
“Yes, sometimes she’ll buy things to take down to the shore, yes.”
… Father failed to give any reason why the trial court should
substitute its own judgment for the [hearing officer’s]. Based on
the evidence presented by both parties, the judgment of the
[hearing officer] was the fair and reasonable judgment to be made
based on the facts and the law and the trial court upheld it.
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Trial Court Opinion, 2/3/23, at 14-16 (citations and footnote omitted).
We agree with the trial court’s reasoning. Here, Father does not point to
any misapplication of law by the trial court, nor does he cite to any case law
to suggest an abuse of discretion. In fact, Father’s argument asks this Court
to reevaluate and reweigh the evidence in a manner more favorable to him;
we cannot do so. See M.E.W., 240 A.3d at 634 (noting that as an appellate
court, we do not reweigh the evidence, and we do not substitute our judgment
for that of the trial court). Accordingly, having reviewed the record, we
conclude that the trial court did not abuse of discretion in denying Father’s
petition to modify his child support.3
Order affirmed.
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3 We note that Father baldly argues that the trial court improperly engaged in
an analysis pursuant to Melzer v. Witsberger, 480 A.2d 991 (Pa. 1984)
(setting forth the formula to calculate child support for parties prior to the
adoption of guidelines in 1984 and 23 Pa.C.S.A. § 4322). See Appellant’s Brief
at 14. However, Father only quotes Supreme Court cases, and does not set
forth any argument or analysis establishing error by the trial court in this
regard. See Pa.R.A.P. 2119(a) (noting that an argument must be
accompanied by pertinent analysis and citation to authority); Jones v. Jones,
878 A.2d 86, 90 (Pa. Super. 2005) (noting that the failure to argue and cite
to relevant authority constitutes a waiver of the claim on appeal). In any
event, we reject Father’s bald argument based upon the trial court’s sound
reasoning. See Trial Court Opinion, 2/3/23, at 16-18. Specifically, the trial
court noted that the Melzer formula is no longer applicable with the adoption
of Section 4322 and Pa.R.C.P. 1910.16-3.1. See id. at 17 (citing, inter alia,
Pa.R.C.P. 1910.16-3.1 cmt. (stating “high income child support cases no
longer will be decided pursuant to Melzer”)). Further, the trial court
emphasized that there is no evidence that the hearing officer or the trial court
ever considered the Melzer factors in rendering the child support orders. See
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/29/2023
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