Nash v. Herbster

CONCURRING STATEMENT BY

ORIE MELVIN, J.:

¶ 1 Like the Majority, I am constrained to conclude that the recent amendment to Pa.R.C.P.1910.19(f) requires this Court to vacate and remand. I write separately only to emphasize that, on remand, the trial court retains the discretion under that Rule to determine whether Appellant’s support obligation should be modified or terminated.

¶ 2 “Pursuant to a petition for modification, the trier of fact may modify or terminate the existing support order in any appropriate manner based upon the evidence presented.” Baehr v. Baehr, 889 A.2d 1240, 1244 (Pa.Super.2005) (quoting Pa.R.C.P.1910.19(c)).

When modification of a child support order is sought, the moving party has the burden of proving by competent evidence that a material and substantial change of circumstances has occurred since the entry of the original or modified order. The lower court must consider all pertinent circumstances and base its decision upon facts appearing in the record which indicate that the moving party did or did not meet the burden of proof as to changed conditions.

McClain v. McClain, 872 A.2d 856, 863 (Pa.Super.2005) (citations omitted). Accordingly, our disposition does not necessarily' entitle Appellant to the relief he is requesting. See Appellant’s brief at 9.