T.M.B. v. B.S.W.

J-S22033-17 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 T.M.B., IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. B.S.W., Appellant No. 1248 MDA 2016 Appeal from the Order Entered June 29, 2016 In the Court of Common Pleas of Dauphin County Domestic Relations at No(s): 1280 DR 2009, PACSES No. 817110975 BEFORE: SHOGAN, MOULTON, and PLATT,* JJ. CONCURRING AND DISSENTING MEMORANDUM BY SHOGAN, J.: FILED JUNE 08, 2017 I respectfully concur in part and dissent in part. I concur with the learned Majority’s modification of the child support order to set Mother’s yearly gross earning capacity for the period of August 26, 2015, through January 3, 2016, at $25,000. I disagree, however, with the Majority’s finding that the trial court abused its discretion when it awarded Mother a credit for child care expenses equal to the amount granted to Father. The trial court issued this award on the basis that it assigned Mother a full-time earning capacity and “it is a general assumption that a parent who is employed full-time will incur child ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S22033-17 care costs.” Trial Court Opinion, 9/29/16, at 10. The trial court assigned full-time earning capacity to Mother. Accordingly, her support obligation should be dictated by that earning capacity. If Mother should choose to continue to work only part-time, her support obligation calculated on her earning capacity will not be changed. Where a party willfully fails to obtain appropriate employment, his or her income will be considered to be equal to his or her earning capacity. Pa.R.C.P. 1910.16–2(d)(4); Kersey v. Jefferson, 791 A.2d 419, 423 (Pa. Super. 2002). Thus, Mother’s support obligation will not be altered due to her failure to seek and acquire full-time work. Moreover, the parties share custody of the Children fifty/fifty and both were assigned full-time earning capacities. Father was awarded credit for child care in light of the court holding him to a full-time earning capacity and his custodial status. Accordingly, I believe the trial court was correct in giving the parties equal credit for child care costs because they share fifty/fifty custody of the Children and both were assigned full-time earning capacities as of January 4, 2016. Therefore, I would affirm that part of the trial court’s holding. Accordingly, I respectfully concur in part and dissent in part. -2-