Mascaro v. Mascaro

803 A.2d 1186 (2002)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Joseph (H) and W were married in August of 1988, and separated in October of 1994. They had one child, born on November 14, 1984. Joseph (H) and W were married in August of 1988 and separated in October of 1994. They had one child, born on November 14, 1984. On June 4, 1996, W filed a Complaint for Support, and on September 25, 1996, a master issued a recommendation that H pay W $2,500 per week ($130,000 per year) tax free for spousal and child support. H and W both objected and the trial court held a de novo hearing. The trial court determined that H had monthly after-tax income of nearly $52,000 ($ 624,000 per year). The parties agreed that W had no earning capacity. The trial court ordered H to pay W $19,786 per month ($237,432 per year) in child and spousal support. On May 4, 1999, the trial court ordered H to pay W $13,000 per month ($156,000 per year) as tax-free unallocated spousal and child support. The court determined that where monthly income exceeds the limit provided in the support guidelines, both child support, and spousal support must be calculated pursuant to the formula set forth in Melzer v. Witsberger. The Superior Court affirmed the order of the trial court. H appealed.