J-S57028-16
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
A.J.M.M., : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
J.R.M., SR., :
:
Appellant : No. 73 WDA 2016
Appeal from the Order December 16, 2015
in the Court of Common Pleas of Crawford County,
Domestic Relations, at No(s): D.R. No. 2011-537
BEFORE: FORD ELLIOTT, P.J.E., SHOGAN, and STRASSBURGER, JJ.*
CONCURRING MEMORANDUM BY: STRASSBURGER, J.:
FILED: September 15, 2016
If I had been sitting as the trial judge, I likely would not have ordered
Father to pay for the extremely high equestrian expenses.
However, our standard of review is abuse of discretion, and I cannot
find that the trial judge abused his discretion. This is especially true given
the age of the children, Pa.R.C.P. 1910.16-5(b)(4), and the fact that Father
exercises no partial custody. See Pa.R.C.P. 1910.16-4, Explanatory
Comment 2010 (“The basic support schedule incorporates an assumption
that the children spend 30% of the time with the obligor and that the obligor
makes direct expenditures on their behalf during that time. ... Upward
deviation should be considered in cases in which the obligor has little or no
contact with the children.”).
*Retired Senior Judge assigned to the Superior Court.
J-S57028-16
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