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Estacio v. Belopolsky

Superior Court of Pennsylvania

May 22, 2013

RICHARD A. ESTACIO, Appellant
v.
INNA Y. BELOPOLSKY, Appellee

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered July 17, 2012 In the Court of Common Pleas of Montgomery County Domestic Relations No(s).: 2011-04359

BEFORE: LAZARUS, OLSON, and FITZGERALD, [*] JJ.

MEMORANDUM

FITZGERALD, J.

Appellant, Richard A. Estacio ("Father"), the father of J.E. ("Child"), appeals pro se from an order entered in the Court of Common Pleas of Montgomery County. The order granted a petition to enforce a private child support agreement ("Agreement") filed by Inna Y. Belopolsky[1] ("Mother"). Father argues Mother's breach of the Agreement suspended his obligation to pay child support. We affirm.

The parties were married on March 22, 1999, and are the parents of J.E., born in August of 1999. The parties separated ten days later. In September of 2004, the parties entered into the Agreement. The Agreement, in pertinent part, provided:

4. . . . Father shall pay $500.00 per month for the support of [Child] allocated as follows: $300.00 per month payable to Mother and $200.00 per month to be deposited into a restricted custodial savings or investment account for [Child's] post-secondary education . . . .
6.It is not the intent of Father and Mother to cause this Agreement to be filed in the Domestic Relations Office of any county of appropriate jurisdiction. . . .
7.In the event Mother should breach this Agreement by filing a support complaint in any Domestic Relations Office in the Court of Common Pleas of the appropriate jurisdiction, Father's obligation to pay . . . shall be, and is, declared null and void . . . .
8. Mother and Father agree that the within Agreement shall not be enforceable in any Court and is not being entered as an Order of Court.

Agreement, 9/2/04, at ¶¶ 4, 6-8. The Agreement provided that Father's support obligation was suspended for two months in the summer when he had primary custody. Id. at ¶ 5.

Prior to the execution of the Agreement, Mother deposited $10, 000 into a "529 account"[2] that she opened on October 27, 2003. N.T. Custody Modification Hr'g, 12/13/11, at 74. Mother explained her rationale for opening the account:

[Mother's counsel]: Did you open up an account for your son, an educational account?
[Mother]: Yes.
[Counsel]: And did you deposit money into that account?
[Mother]: Yes. When he and I started talking about the custody and the support and the $200 a month, I thought well, instead of me having to bother to do this every month and plus to allow the money to grow, I'll just put in like five years' worth. I put in $10, 000 and I though that's fine, that ...

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