Michael Bertin in The Legal Intelligencer: Calculation of Income for Child Support Examined by Superior Court

In an article for The Legal Intelligencer published on October 15, 2024, Michael Bertin, Partner and Co-Chair of the family law group, explores key issues related to income calculation for child support. Titled “Calculation of Income for Child Support Examined by Superior Court,” the article analyzes the recent Pennsylvania Superior Court decision in Hall v. Bartron, __ A.3d __, 2024 Pa. Super. 172. The case involved a father, a closely-held corporation owner, and a mother who claimed the father shielded income by reinvesting company profits. The court ruled that retained business earnings were not to be included in the father’s income, as they were necessary for the company’s continued operation.

The Hall case also addressed other significant issues:

• Whether perquisites, such as the use of a company truck and cellphone, should be considered income.
• The distinction between mandatory and voluntary retirement contributions, with only voluntary contributions counted as income.
• The treatment of a lump-sum settlement received by the mother.

The Hall case provides a good refresher on some of the intricacies involved in child support cases. It also provided a reminder that when a party files a petition to modify support that party has the burden of establishing a change in circumstances necessitating a modification.

Read the full article here.