Johnson, M. v. Johnson, A.
153 A.3d 318
Pa. Super. Ct.2016Background
- Father (Albert D. Johnson, Jr.) petitioned to terminate/modify a 1998 support order obligating him to pay $2,000/month and provide health insurance for his adult daughter, Jessica Gardner, now age 39.
- Father retired and alleged he could no longer provide insurance and that Gardner was no longer a dependent; petition amended to request termination of support.
- Mother appeared pro se on behalf of Gardner; no written response to discovery admissions (served Dec. 23, 2014) was filed, and those requests were therefore deemed admitted.
- Trial court found Gardner suffers from a lifelong psychiatric condition (previously diagnosed as schizotypal personality disorder), has limited work history, social isolation, and cannot sustain competitive employment; court relied in part on observations of her testimony and prior 2002 findings.
- Trial court denied Father’s petition and continued support and insurance obligations; Father appealed arguing among other things that the trial court relied on out-of-record medical records and impermissible medical conclusions.
- Superior Court vacated and remanded, holding the trial court improperly relied on medical records and other evidence not in the current record (including prior-case materials) and must reconsider based only on the record before it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether daughter remains a dependent (continuing support) | Father: Gardner is emancipated and no longer a dependent; support should terminate | Mother/Gardner: Longstanding mental illness prevents self-support; support should continue | Not decided on merits; remanded because trial court relied on out-of-record evidence |
| Admissibility/reliance on medical records | Father: Trial court relied on recent and prior medical records not properly admitted | Mother: Court may consult prior file and use observations; recent records were excluded for hearsay | Court erred by relying on records outside the current record; vacated and remanded |
| Trial court forming medical conclusions without expert testimony | Father: Court improperly made medical/diagnostic conclusions without current psychiatric evidence | Mother: Court as factfinder may evaluate demeanor and credibility; DSM use is acceptable | Court faulted for relying on off-record medical materials; did not resolve whether demeanor alone suffices—remand required |
| Burden of proof re: emancipation vs. disability | Father: Trial court effectively shifted burden to him to prove condition no longer exists | Mother: Adult child bears burden to prove disability that existed at majority; parents bear support if disability persists | Court did not rule on burden-shifting due to remand; other issues not addressed because decision vacated |
Key Cases Cited
- Style v. Shaub, 955 A.2d 403 (Pa. Super. 2008) (scope of review and principles for continuing parental support)
- Blue v. Blue, 616 A.2d 628 (Pa. 1992) (parental support duty generally ends at majority)
- Hanson v. Hanson, 625 A.2d 1212 (Pa. Super. 1993) (test for continuing disability preventing self-support)
- Verna v. Verna, 432 A.2d 630 (Pa. Super. 1981) (adult child bears burden to prove conditions preventing employment)
- Ney v. Ney, 917 A.2d 863 (Pa. Super. 2007) (trial court may not consider evidence outside the record)
- Eck v. Eck, 475 A.2d 825 (Pa. Super. 1984) (same: courts must base decisions on record evidence)
- In re Frank, 423 A.2d 1229 (Pa. Super. 1980) (off-the-record facts cannot support appellate affirmance)
- Naffah v. City Deposit Bank, 13 A.2d 63 (Pa. 1940) (judicial notice limits as to records of other cases)
- Commonwealth ex rel. O'Malley v. O'Malley, 161 A. 883 (Pa. Super. 1932) (parental liability continues where child is too feeble physically or mentally to support self)