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18 Pennsylvania opinions name it 2 courts 1989–2023 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mascaro v. Mascarogreen2 sentences2006On September 24, 2002, in light of the Supreme Court’s August 20, 2002 ruling in Mascaro v. Mascaro, [ 569 Pa. 255 ,] 803 A.2d 1186 (Pa.2002) [holding the court should apply the Support Guidelines rather than a Melzer analysis when calculating spousal support or APL in cases in which the combined net income of the spouses exceeds $15,000 per month,] Father filed a petition for APL. 2006On September 24, 2002, in light of the Supreme Court’s August 20, 2002 ruling in Mascaro v. Mascaro, [ 569 Pa. 255 ,] 803 A.2d 1186 (Pa.2002) [holding the court should apply the Support Guidelines rather than a Melzer analysis when calculating spousal support or APL in cases in which the combined net income of the spouses exceeds $15,000 per month,] Father filed a petition for APL. | 2 | 3 |
Ryan v. DeLonggreen2 sentences1989This Court has recently held that “[t]o insure that an actual dollar figure is determined as to the reasonable needs and expenses of the parents and children the calculated Melzer formula must be in the record.” Marshall v. Ross, 373 Pa.Super. 235, 239 , 540 A.2d 954, 956 (1988), quoting Ryan v. DeLong, 371 Pa.Super. 248, 255 , 538 A.2d 1, 3 (1987). 1989This Court has recently held that “[t]o insure that an actual dollar figure is determined as to the reasonable needs and expenses of the parents and children the calculated Melzer formula must be in the record.” Marshall v. Ross, 373 Pa.Super. 235, 239 , 540 A.2d 954, 956 (1988), quoting Ryan v. DeLong, 371 Pa.Super. 248, 255 , 538 A.2d 1, 3 (1987). | 2 | 2 |
Melzer v. Witsbergergreen2 sentences2006Thus, he argues, the trial court’s entry of a support Order above and beyond the presumptive minimum, pursuant to a Melzer analysis, as to the fourth Order, effective December 1, 2004, must be reversed and the case remanded for entry of a support Order consistent with the presumptive minimum amount. 4 ¶ 16 In Melzer v. Witsberger, 505 Pa. 462 , 480 A.2d 991 (1984), our Supreme Court held “the hearing court must first calculate the reasonable expenses of raising the children involved, based upon the particular circumstances — the needs, the custom, and the financial status — of the parties.” Me 2006Thus, he argues, the trial court’s entry of a support Order above and beyond the presumptive minimum, pursuant to a Melzer analysis, as to the fourth Order, effective December 1, 2004, must be reversed and the case remanded for entry of a support Order consistent with the presumptive minimum amount. 4 ¶ 16 In Melzer v. Witsberger, 505 Pa. 462 , 480 A.2d 991 (1984), our Supreme Court held “the hearing court must first calculate the reasonable expenses of raising the children involved, based upon the particular circumstances — the needs, the custom, and the financial status — of the parties.” Me | 1 | 6 |
Fitzgerald v. Kempfgreen2 sentences2009As we noted previously, the trial court stated, “[a] simple division of the needs of the family into equal parts does not satisfy a Melzer analysis.” Trial Court Opinion, 1/3/2007, at 6 (quoting Fitzgerald v. Kempf, 805 A.2d 529, 533 (Pa.Super.2002)). 2009As we noted previously, the trial court stated, “[a] simple division of the needs of the family into equal parts does not satisfy a Melzer analysis.” Trial Court Opinion, 1/3/2007, at 6 (quoting Fitzgerald v. Kempf, 805 A.2d 529, 533 (Pa.Super.2002)). | 1 | 3 |
Arbet v. Arbetgreen2 sentences2018As the Superior Court noted, the Arbet court observed that the father's argument essentially advocated for a Melzer analysis in every case and that "[t]he rules make clear that the amount of support as determined from the support guidelines is presumed to be the appropriate amount of support." Hanrahan , 151 A.3d at 208 (quoting Arbet , 863 A.2d at 42 ). 2018As the Superior Court noted, the Arbet court observed that the father's argument essentially advocated for a Melzer analysis in every case and that "[t]he rules make clear that the amount of support as determined from the support guidelines is presumed to be the appropriate amount of support." Hanrahan , 151 A.3d at 208 (quoting Arbet , 863 A.2d at 42 ). | 1 | 2 |
Bulgarelli v. Bulgarelligreen2 sentences2009Sirio v. Sirio, 951 A.2d 1188, 1192-93 (Pa.Super.2008) (quoting Bulgarelli v. Bulgarelli, 934 A.2d 107, 111 (Pa.Super.2007)). ¶ 8 Moreover, in light of the fact that this is a high income support case, 3 the Melzer analysis is applicable. 2009Sirio v. Sirio, 951 A.2d 1188, 1192-93 (Pa.Super.2008) (quoting Bulgarelli v. Bulgarelli, 934 A.2d 107, 111 (Pa.Super.2007)). ¶ 8 Moreover, in light of the fact that this is a high income support case, 3 the Melzer analysis is applicable. | 1 | 2 |
Ball v. Minnickgreen2 sentences1992In Young v. Muthersbaugh, 415 Pa.Super. 591 , 609 A.2d 1381 (1992), this court examined the impact of the en banc decision rendered in Ball v. Minnick, 414 Pa.Super. 242 , 606 A.2d 1181 , on a trial court’s obligations to conduct Melzer analysis or render support decisions based upon income and expenses. 1992In Young v. Muthersbaugh, 415 Pa.Super. 591 , 609 A.2d 1381 (1992), this court examined the impact of the en banc decision rendered in Ball v. Minnick, 414 Pa.Super. 242 , 606 A.2d 1181 , on a trial court’s obligations to conduct Melzer analysis or render support decisions based upon income and expenses. | 1 | 2 |
Jones v. Jonesgreen2 sentences2023See id. -7- J-S18002-23 Judgment Entered. 2023See id. -7- J-S18002-23 Judgment Entered. | 1 | 1 |
Sirio v. Siriogreen2 sentences2009Sirio v. Sirio, 951 A.2d 1188, 1192-93 (Pa.Super.2008) (quoting Bulgarelli v. Bulgarelli, 934 A.2d 107, 111 (Pa.Super.2007)). ¶ 8 Moreover, in light of the fact that this is a high income support case, 3 the Melzer analysis is applicable. 2009Sirio v. Sirio, 951 A.2d 1188, 1192-93 (Pa.Super.2008) (quoting Bulgarelli v. Bulgarelli, 934 A.2d 107, 111 (Pa.Super.2007)). ¶ 8 Moreover, in light of the fact that this is a high income support case, 3 the Melzer analysis is applicable. | 1 | 1 |
Portugal v. Portugalgreen2 sentences2003See Portugal, supra. Thus, we remand this case to the trial court to recalculate support. 5 ¶ 44 Next, Wife challenges the trial court’s calculation of her income available for support. 2003See Portugal, supra. Thus, we remand this case to the trial court to recalculate support. 5 ¶ 44 Next, Wife challenges the trial court’s calculation of her income available for support. | 1 | 1 |
Calabrese v. Calabresegreen2 sentences2000See id. ¶ 9 In her first question presented to this Court, Wife claims that the trial court erred by not calculating an award of child support based on a presumptive minimum amount established by the guidelines set forth in Pa.R.C.P.1910.16-3. 2000See id. ¶ 9 In her first question presented to this Court, Wife claims that the trial court erred by not calculating an award of child support based on a presumptive minimum amount established by the guidelines set forth in Pa.R.C.P.1910.16-3. | 1 | 1 |
Marshall v. Rossgreen2 sentences1989This Court has recently held that “[t]o insure that an actual dollar figure is determined as to the reasonable needs and expenses of the parents and children the calculated Melzer formula must be in the record.” Marshall v. Ross, 373 Pa.Super. 235, 239 , 540 A.2d 954, 956 (1988), quoting Ryan v. DeLong, 371 Pa.Super. 248, 255 , 538 A.2d 1, 3 (1987). 1989This Court has recently held that “[t]o insure that an actual dollar figure is determined as to the reasonable needs and expenses of the parents and children the calculated Melzer formula must be in the record.” Marshall v. Ross, 373 Pa.Super. 235, 239 , 540 A.2d 954, 956 (1988), quoting Ryan v. DeLong, 371 Pa.Super. 248, 255 , 538 A.2d 1, 3 (1987). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Terpak v. Terpak
green
2 sentences2000With regard to spousal support, Wife claims that in Terpak, supra, this Court held that the calculation of spousal support in high income cases must adhere to the guideline formula. 2 She therefore argues that the trial court erred when it calculated the support award pursuant to Melzer, supra. She insists the Melzer factors may only be applied to child support in high income cases but not to spousal support. 2000With regard to spousal support, Wife claims that in Terpak, supra, this Court held that the calculation of spousal support in high income cases must adhere to the guideline formula. 2 She therefore argues that the trial court erred when it calculated the support award pursuant to Melzer, supra. She insists the Melzer factors may only be applied to child support in high income cases but not to spousal support. | 2 | 2000–2002 |
Ball v. Minnick
green
2 sentences2018Id. at 1195 . 2018Id. at 1195 . | 1 | 2018–2018 |
Hanrahan, M. v. Bakker, J.
green
2 sentences2018Accordingly, the Superior Court rejected Father's contentions that the "replacement of the complicated Melzer analysis with the three[-]step process of Rule 1910.16-3.1 did not eliminate the reasonable needs limitation on child support" and that a trial court must consider a child's reasonable needs when determining an appropriate support award pursuant to 23 Pa.C.S. § 4322. 8 Hanrahan , 151 A.3d at 207 . 2018As the Superior Court noted, the Arbet court observed that the father's argument essentially advocated for a Melzer analysis in every case and that "[t]he rules make clear that the amount of support as determined from the support guidelines is presumed to be the appropriate amount of support." Hanrahan , 151 A.3d at 208 (quoting Arbet , 863 A.2d at 42 ). | 1 | 2018–2018 |
Funk v. Funk
green
2 sentences2007Essentially, Father’s challenge to what he terms an “exorbitant” amount is that the support order does not consider the parties’ equally shared custody arrangement and that, therefore, the court should have employed his suggested calculation, particularly because the Melzer formula does not provide for shared custody. ¶ 10 Father cites two cases pre-dating the guidelines to support his position, Fee v. Fee, 344 Pa.Super. 276 , 496 A.2d 793 (1985), and Funk v. Funk, 376 Pa.Super. 76 , 545 A.2d 326 (1988), and contends that both cases indicate that the Melzer formula should be applied in a flexi 2007Essentially, Father’s challenge to what he terms an “exorbitant” amount is that the support order does not consider the parties’ equally shared custody arrangement and that, therefore, the court should have employed his suggested calculation, particularly because the Melzer formula does not provide for shared custody. ¶ 10 Father cites two cases pre-dating the guidelines to support his position, Fee v. Fee, 344 Pa.Super. 276 , 496 A.2d 793 (1985), and Funk v. Funk, 376 Pa.Super. 76 , 545 A.2d 326 (1988), and contends that both cases indicate that the Melzer formula should be applied in a flexi | 1 | 2007–2007 |
Fee v. Fee
green
2 sentences2007Essentially, Father’s challenge to what he terms an “exorbitant” amount is that the support order does not consider the parties’ equally shared custody arrangement and that, therefore, the court should have employed his suggested calculation, particularly because the Melzer formula does not provide for shared custody. ¶ 10 Father cites two cases pre-dating the guidelines to support his position, Fee v. Fee, 344 Pa.Super. 276 , 496 A.2d 793 (1985), and Funk v. Funk, 376 Pa.Super. 76 , 545 A.2d 326 (1988), and contends that both cases indicate that the Melzer formula should be applied in a flexi 2007Essentially, Father’s challenge to what he terms an “exorbitant” amount is that the support order does not consider the parties’ equally shared custody arrangement and that, therefore, the court should have employed his suggested calculation, particularly because the Melzer formula does not provide for shared custody. ¶ 10 Father cites two cases pre-dating the guidelines to support his position, Fee v. Fee, 344 Pa.Super. 276 , 496 A.2d 793 (1985), and Funk v. Funk, 376 Pa.Super. 76 , 545 A.2d 326 (1988), and contends that both cases indicate that the Melzer formula should be applied in a flexi | 1 | 2007–2007 |
Costello v. LeNoir
green
2 sentences2000The final step in the Melzer analysis is to calculate each parent’s total support obligation according to a formula set forth in Melzer, and then subtract from that figure any amount of support provid ed directly to the child that actually satisfies “the obligation of reasonable and necessary support.” Id. ¶ 7 Following the adoption of the guidelines for child support, the courts ceased applying Melzer in situations where they could calculate child support based on the figures set forth in the guidelines. 2000The final step in the Melzer analysis is to calculate each parent’s total support obligation according to a formula set forth in Melzer, and then subtract from that figure any amount of support provid ed directly to the child that actually satisfies “the obligation of reasonable and necessary support.” Id. ¶ 7 Following the adoption of the guidelines for child support, the courts ceased applying Melzer in situations where they could calculate child support based on the figures set forth in the guidelines. | 1 | 2000–2000 |
Young v. Muthersbaugh
green
2 sentences1992In Young v. Muthersbaugh, 415 Pa.Super. 591 , 609 A.2d 1381 (1992), this court examined the impact of the en banc decision rendered in Ball v. Minnick, 414 Pa.Super. 242 , 606 A.2d 1181 , on a trial court’s obligations to conduct Melzer analysis or render support decisions based upon income and expenses. 1992In Young v. Muthersbaugh, 415 Pa.Super. 591 , 609 A.2d 1381 (1992), this court examined the impact of the en banc decision rendered in Ball v. Minnick, 414 Pa.Super. 242 , 606 A.2d 1181 , on a trial court’s obligations to conduct Melzer analysis or render support decisions based upon income and expenses. | 1 | 1992–1992 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.