No. 2797 October Term, 1978, Appeal From the Order of the Court of Common Pleas of Montgomery County, No. 30, January Term 1976, Dated November 6, 1978
Henry A. Stein, Philadelphia, for appellant.
Ronald S. Sklar, Philadelphia, for appellee.
Wieand, Robinson and Louik,*fn* JJ.
[ 270 Pa. Super. Page 338]
The present appeal was taken by Appellant husband, Dr. Mark Orlow from a November 6, 1978 Support Order. Dr. and Mrs. Orlow were married on September 2, 1961. Two children were born of the marriage; Harry Orlow, born on August 26, 1962 and Jeffrey Orlow, born February 20, 1974. The parties were separated on December 17, 1975, shortly after which a Petition for Support was filed.
On June 6, 1976, a temporary Support Order for Mrs. Orlow and the two children was entered by the lower court in the amount of $400.00 per month, plus several other expenses to be borne by Dr. Orlow. A final hearing, consisting of two days of testimony was held on April 21 and May 11, 1978, after which a very comprehensive and detailed order was entered. Appellant has appealed the Order and raises five issues as the basis of the appeal.
Appellant first asserts that the Support Order was punitive and confiscatory, placing in issue the lower court's findings of fact. In support of his position, appellant argues that the evidence shows that his yearly personal expenses are $31,392.40. His disposable income after taxes is alleged to be $38,905.00. The Support Order requires him to pay between $20,925.00 and $21,325.00 per year, which he claims leaves him approximately $18,000.00 to meet his personal expenses. More simply, it is claimed that Dr. Orlow has only two/thirds the necessary income to meet his yearly expenses and support.
The lower court found the following with regard to Dr. Orlow's available income:
"Before drafting its support order, this court undertook a comprehensive and critical review of Dr. Orlow's financial resources. Dr. Orlow is the president and owner of Mark P. Orlow Associates, a professional corporation. In 1977, as the only officer of the corporation, Dr. Orlow drew a salary of $46,200.00 and contributed an additional $15,430.00 into the corporation's profit-sharing plan. The total corpus of the plan is $165,000.00. Dr. Orlow's share
[ 270 Pa. Super. Page 339]
according to his estimate is $150,000.00 (Notes of Testimony, May 11, 1978, p. 21). Also, Dr. Orlow enjoyed various corporate business expenses, such as the use of a corporate car, payment of extensive life insurance premiums, etc. An additional $6,710.00 was earned in 1977 by Dr. Orlow as an employee of the Philadelphia School District. In 1977, Dr. Orlow received $963.00 in dividends. Ownership of the house and property located at 237 Ardleigh Road, Penn Valley, Pennsylvania, is in the sole name of Dr. Orlow. Although the property where the corporation operates was originally jointly owned; subsequently the ownership was transferred to Dr. Orlow alone. Dr. Orlow testified the reason for his sole ownership of both properties was because of the precarious state of his marriage in the years 1969 and 1972. Notes of Testimony, May 11, 1978, p. 30, 21. The corporation presently pays rent into a Clifford Trust set up by Dr. Orlow which accumulates the interest for the benefit of Harry Orlow and after the trust's expiration the property will revert back to Dr. Orlow. This Court found Dr. Orlow to have a net available income after taxes of approximately $60,000.00 a year."
Such a finding is clearly within the province of the fact finder. No abuse of the court's discretion has been shown in making such a determination. On the contrary, the $60,000.00 figure for Dr. Orlow's after tax available income seems to be perfectly ...