The Superior Court of Pennsylvania granted reargument en banc to the litigants in Silver v. Pinskey (2009), to consider whether Pennsylvania’s child support law might be pre-empted by the federal Social Security Act, precluding the trial court from ordering the parents to share the children’s derivative benefits. In this case, the mother initially had primary custody of two teenaged children following the parents’ separation. The mother was initially designated as the representative payee of the children’s Social Security benefits derived from their father’s retirement. Later, father won equally shared custody and was designated as the representative payee. The trial court ordered father to share half of the children’s Social Security derivative benefits with mother, noting that the Pennsylvania guidelines do not address the situation where an obligor is receiving such benefits. The Superior Court initially vacated the trial court’s order, prompting Father to request reargument, which was granted.
On reargument, Father argued that the Pennsylvania courts lacked subject matter jurisdiction to order him to share the Social Security derivative benefits with mother. He also argued that the trial court misapplied the criteria for granting a deviation from the support guidelines due to “other household income.” The Superior Court en banc held that it was not deprived of jurisdiction, as it had not altered the designation of the benefit payee. The Court also held that the Social Security benefit could be properly considered as grounds for a deviation from the child support guidelines. Yet, the Court held that the trial court had erred by ordering father to share the Social Security benefit while setting child support at $0. The Superior Court regarded this result, however well-intentioned, as “bordering” on violation of federal law. Consequently, the Court remanded to reconsider the child support guidelines.
Several other issues raised by Father were dismissed by the Superior Court. Specifically, Father argued that the trial court had no authority to order him to pay his proportionate share of medical insurance provided by the mother’s spouse or extracurricular activities including gymastics, softball, baseball, basketball, summer camp, and piano lessons. The Superior Court saw no merit in these arguments.
We serve the following States, Cities, Zip Codes and Counties: Allegheny PA, Armstrong PA, Beaver PA, Butler PA, Cambria PA, Centre PA, Fayette PA, Indiana PA, Lawrence PA, Mercer PA, Washington PA and Westmoreland PA, including communities such as: Adams PA 16046, Allison Park PA 15101, Aspinwall PA 15215, Beaver PA 15009, Beaver Falls PA 15010, Bell Acres PA 15143, Bellevue PA 15202, Ben Avon PA 15202, Bethel Park PA 15102, Bradfordwoods PA 15015, Brentwood PA 15227, Bridgeville PA 15017, Butler PA 16001, California PA 15419, Canonsburg PA 15317, Carnegie PA 15106, Centerville PA 16404, Champion PA 15622, Collier PA 15017, Coraopolis PA 15108, Crafton PA 15205, Cranberry PA 16066, Crescent PA 15046, East Deer PA 15030, Ebensburg PA 15931, Edgeworth PA 15143, Export PA 15632, Findlay PA 15126, Finleyville PA 15332, Forward PA 15020, Fox Chapel PA 15238, Franklin Park PA 15090, Gibsonia PA 15044, Glenshaw PA 15116, Greensburg PA 15601, Greentree PA 15220, Greenville PA 16125, Grove City PA 16127, Hampton PA 15101, Harmar PA 15024, Hermitage PA 16148, Hidden Valley PA 15502, Highland Park PA 15206, Indiana PA 15701, Ingomar PA 15237, Jefferson Hills PA 15236, Johnstown PA 15906, Kennedy PA 15136, Kilbuck PA 15233, Kittanning PA 16201, Latrobe PA 15650, Lawrenceville PA 15201, Ligonier PA 15658, Mars PA 16046, Marshall PA 15086, McCandless PA 15090, McDonald PA 15057, McKees Rocks PA 15136, McMurray PA 15317, Monroeville PA 15146, Moon PA 15108, Mt. Washington PA 15211, Mt. Lebanon PA 15228, Murrysville PA 15085, Nevillewood PA 15142, New Brighton PA 15066, New Castle PA 16101, North Fayette PA 15126, North Shore PA 15212, North Strabane PA 15363, O'Hara PA 15215, Oakmont PA 15139, Oakland PA 15213, Ohio Township PA 15143, Penn Hills PA 15235, Peters PA 15317, Pine PA 15090, Pittsburgh 15219, Pleasant Hills PA 15236, Plum PA 15239, Presto PA 15142, Richland PA 15044, Robinson PA 15205, Rochester PA 15074, Roslyn Farms PA 15106, Ross PA 15229, Scott PA 15220, Seven Fields PA 16046, Seven Springs PA 15622, Sewickley PA 15143, Shadyside PA 15232, Shaler PA 15116, Sharon PA 16328, Slippery Rock PA 16057, Somerset PA 15501, South Fayette PA 15817, South Park PA 15236, Southpointe PA 15317, Squirrel Hill PA 15217, State College PA 16801, Stowe PA, Tarentum PA 15084, Thornburg PA 15205, Uniontown PA 15401, Upper St. Clair PA 15241, Valencia PA 16059, Venetia PA 15367, Verona PA 15147, Washington PA 15301, West Deer PA 15044, West Elizabeth PA 15025, West Mifflin PA 15122, West View PA 15229, Wexford PA 15090, White Oak PA 15131, Whitehall PA 15236, Wilkins PA 15221 and Zelienople PA 16063
Brian C. Vertz is listed in the 2010 edition of