This case is before the court on a demand for court hearing, filed by defendant, challenging our order of October 1,1992, which increased the existing order of support for two children from $200 per month to $380 per month effective January 1992.
Defendant essentially raises four issues for our review. First, he alleges that the court failed to take into, consideration the fact that he has the children in his primary physical custody during the summer months by virtue of a marriage settlement agreement entered into by the parties and reduced to court order. We find this argument to be without merit as there has been no showing that even with defendant’s partial custody rights during the winter months, this situation is so unusual as to require consideration in determining the support obligation. See Stein v. Stein, no. 289 Domestic 1989, 344 Domestic 1989, slip op., (C.P., Somerset County, June 20, 1990) (Fike II, P.J.)
Next, defendant challenges the retroactivity provision of the order in which we determined that the order should be effective as of January 1992 as opposed to May 8, 1992, when the case was remanded to the department. Again, we find no merit in this contention. Plaintiff’s appeal, which was filed in January 1992, gave rise to the increase in the order complained of by defendant. Thus, it appears that retroactivity to the date of the filing of the demand by plaintiff is appropriate.
Finally, defendant challenges the portion of the order of October 1, 1992, requiring the parties to be equally responsible for any major medical expenses incurred by the children which are not reimbursable by insurance. Defendant alleges that the court has no authority to make such an award because the court lacks the authority to modify the provisions of the marriage settlement agreement.
As provided in 23 Pa.C.S. §4324, “the court may require that an obligor pay a designated percentage of a child’s ... reasonable and necessary health care expenses.” Under the statutory scheme, this payment is considered part of the obligor’s support obligation. In addition, 23 Pa.C.S. §3105(b) provides that any “provision of an agreement regarding child support... shall be subject to modification by the court upon a showing of changed circumstances.” Thus, it would appear that the court has authority under the above-quoted statutory sections to make such an award despite the provisions of the marriage settlement agreement.
According to the testimony presented at the hearing before us, the marriage settlement agreement is silent on the issue of payment of unreimbursed medical expenses. Thus, any action by this court in ordering the parties to share the burden of unreimbursed medical expenses does not affect or impact any of the provisions of the existing marriage settlement agreement. This is so because that issue was not addressed in the agreement and is, therefore, in our opinion, open to consideration by the court under section 4324. Accordingly, we find this argument to be without merit as well.
Therefore, we deny the relief requested by defendant and ratify the order of October 1,1992, effective January 1992.
ORDER
And now, April 1, 1993, consistent with the foregoing memorandum, defendant’s demand for court hearing is hereby dismissed and the order of October 1, 1992, effective January 1992 is hereby ratified.
