P.C. v. S.S., 517 EDA 2016

Parties divorced; Wife filed for divorce in Jan 2013 seeking equitable distribution, alimony, and custody of the minor child.
Initial pendente lite support (Apr 2014) set spousal support $954 and child support $618; amended Mar 4, 2015 after sale of house to spousal $1,865 and child $1,207.
Husband filed multiple petitions to modify support in 2015 (Mar, Jun, Oct, Dec). June 16, 2015 order (after first petition) increased obligations; Husband did not file exceptions.
Second petition (filed June 22, 2015) corrected a bonus calculation; Aug 31, 2015 order reduced obligations retroactive to that petition date; other relief denied.
Third petition (Oct 7, 2015) sought adjustment to arrears; hearing Jan 8, 2016 denied the third petition and awarded Wife $500 in attorneys’ fees; Husband appealed pro se on Feb 8, 2016.
Superior Court quashed appeal portions not relating to child support for lack of finality, affirmed child-support portion of Jan 8, 2016 order, found Husband’s appellate brief deficient and waived suppression-of-evidence claim, and declined to award additional appellate sanctions (leaving fee enforcement to trial court).

Issue	Husband's Argument	Wife's Argument	Held
Whether trial court abused discretion by suppressing evidence at Jan 8, 2016 hearing	Trial court prevented him from presenting pertinent evidence and thus violated due process, making child-support claims unrecoverable	Trial court properly conducted hearing; Husband’s record claims are unfounded	Waived for inadequate briefing; trial court’s factual finding supported by record; no relief granted
Whether award of attorneys’ fees to Wife was premature/improper	Fees premature because evidence (which Husband was prevented from presenting) would have made fee award unnecessary	Fees appropriate; Husband’s filings are vexatious and trial court already awarded fees	Superior Court denied additional appellate sanctions; trial court’s fee award stands and trial court is better positioned to consider further sanctions
Whether portions of appeal not relating to child support are reviewable now	Husband sought review of spousal support, fees, and other economic orders	Wife argued non-child-support matters are interlocutory and not appealable until final resolution	Quashed all non-child-support portions for lack of final order / jurisdiction
Whether child-support portion of Jan 8, 2016 order is appealable and reviewable	Husband appealed child-support denial	Wife defended child-support determination	Child-support portion is appealable immediately; Superior Court addressed only third-petition child-support issues and affirmed trial court

Kimock v. Jones, 47 A.3d 850 (Pa. Super. 2012) (standard of review for support orders and child’s best interests)
Samii v. Samii, 847 A.2d 691 (Pa. Super. 2004) (burden on petitioner to prove material and substantial change for modification)
Keating v. Keating, 595 A.2d 109 (Pa. Super. 1991) (support modification requires hearing and clear, positive evidence)
Beegle v. Beegle, 652 A.2d 376 (Pa. Super. 1994) (court may not consider issues not pleaded in petition)
Summers v. Summers, 35 A.3d 786 (Pa. Super. 2012) (lack of pleading nonfatal where no prejudice and opposing party had notice)
D'Amato, 856 A.2d 806 (Pa. 2004) (issues not developed on appeal are waived)
Hrinkevich v. Hrinkevich, 676 A.2d 237 (Pa. Super. 1996) (child-support orders are immediately appealable; interim counsel-fee orders interlocutory)
Diament v. Diament, 771 A.2d 793 (Pa. Super. 2001) (child’s dependence justifies immediate appealability of support orders)
Fried v. Fried, 501 A.2d 211 (Pa. 1985) (interim financial relief in divorce reviewable after final decree resolving economic issues)
Leister v. Leister, 684 A.2d 192 (Pa. Super. 1996) (spousal support orders not appealable until divorce resolution)
Thunberg v. Strause, 682 A.2d 295 (Pa. 1996) (definition of frivolous appeal for sanctions)
Berg v. Georgetown Builders, Inc., 822 A.2d 810 (Pa. Super. 2003) (vexatious conduct standard for fee awards)