Opinion
File No.: CN18-02436 Petition No.: 18-10618
06-01-2018
Re: P. A. E. v. J. A. E. , Sr.
Michelle R. Skoranski, Esquire
Gonser & Gonser
3411 Silverside Road, Concord Plaza
Springer Building, Suite 203
Wilmington, DE 19810 John A. Macconi, Jr., Esquire
900 Philadelphia Pike, Suite B
Wilmington, DE 19809
LETTER DECISION AND ORDER
RE: Ancillary Matters - Motion for Interim Alimony Dear Counsel:
On May 7, 2018, P. A. E. ("Wife") filed a Motion for Interim Alimony through her counsel, Ms. Skoranski. On May 22, 2018, the parties agreed to extend the response deadline to May 25, 2018. J. A. E. , Sr. ("Husband"), through his counsel, Mr. Macconi, filed a Response to the Motion on May 25, 2018.
This is the Court's decision on Interim Alimony. The parties must both bear in mind that this is only an Interim Order pending a final hearing on alimony and as such can be modified retroactively if the Court determines that the interim amount is either excessive or insufficient. There are numerous issues raised in the Motion and Response, including, but not limited to, Wife's income, Husband's income, and the reasonable expenses of the parties. Either party may, after receipt of this Order, request a hearing on interim alimony pursuant to Eberly . However, given the heavy burden of cases, a hearing on this Motion would not likely be scheduled for a number of months, and possibly not before the Ancillary Hearing, and should the party requesting the hearing fare worse at the hearing than in this Order, he or she may bear the costs of the other party's fees for having to prepare for and attend the Eberly hearing.
BACKGROUND
The parties were married on March 7, 1987 and separated in March, 2016. Wife moved from the marital home at the end of March, 2018. Wife filed for divorce on April 3, 2018. Husband filed an Answer on May 25, 2018. Husband filed a Request to Proceed and the parties were divorced on April 19, 2018. The parties have no minor children.
WIFE'S INCOME AND EXPENSES
According to the Motions and attachments, Wife is currently employed by B. 's earning approximately $20,000.00 per year. Wife also had a $150.00 bonus and commissions which based upon the paystubs averaged about $118.00 per month through the middle of April. Husband argues that Wife is underemployed. However, the Court does not at this stage have nearly sufficient information to determine if Wife's is reasonably employed.
Wife is not yet an alimony recipient and thus 13 Del. C. §1512(e) does not yet apply. However, now that Wife will be receiving alimony, she will need to follow the statutory requirement in §1512(e) to obtain reasonable employment unless she is disabled.
Wife alleges expenses in the amount of approximately $2761.62 per month. The Court has removed vacation for both parties on an interim basis and removed Wife's tithing as this should be her own sacrifice and not paid for by Husband. If Husband pays it, it defeats the purpose of tithing. The Court reduced toys and presents to $25.00 which is more reasonable given the parties children are grown.
The attached budget report for 2018 contains the reasonable expenses attributed to Wife and an analysis of the alimony needed to pay these expenses.
Wife's total monthly expenses for interim purposes are $2276.00 and she would need alimony in the amount of $868.00 per month to pay these expenses. (See attached)
HUSBAND'S INCOME AND EXPENSES
Husband is employed by A & F M. as a machinist. According to Husband and the 2017 W-2, Husband earned $72,000.00 in 2017. Husband also acknowledged that his son gives him $350.00 per month in rent. Husband attached the tax return to show that his actual income from the rental property after expenses is $1,429.00.
Husband alleges expenses of $4018.00 per month. The Court eliminated the Oxford, PA property expenses as the Court is using the actual income, after expenses, and not the gross receipts for the rental properties. The Court removed attorneys' fees as both parties have attorneys' fees. The Court eliminated vacation for both parties on an interim basis. The Court also eliminated the 401(k) which is savings and not an expense. There is no allegation that this contribution is mandatory. Thus, Husband's reasonable monthly expenses are $3379.00.
ALIMONY ANALYSIS
Wife requires the sum of $868.00 in alimony. Husband would have an excess of $851.58 per month is he were to pay Wife alimony of $868.00 per month.
ATTORNEYS' FEES AND COSTS
Wife also seeks an interim award of attorneys' fees and costs due to the disparity in the parties' finances. The disparity is made up in part through the award of interim alimony. Additionally, according to the Response, Wife withdrew large sums of money from the joint bank accounts at the time of separation, presumably in part to pay legal fees. The Court has no information on other available funds. The parties can revisit the attorneys' fees analysis at the final ancillary hearing, or after the filing of the Financial Disclosure Report when there is more information available.
ORDER
IT IS HEREBY ORDERED that the Motion for Interim Alimony is GRANTED in the amount of $868.00 per month effective June 1, 2018. Husband shall pay the interim alimony in $434.00 installments twice per month on the 15th and 30th of the month. The Motion for Interim Attorneys' Fees and Costs is DENIED.
IT IS SO ORDERED.
Very truly yours,
FELICE GLENNON KERR, Judge FGK Date mailed:__________
Eberly v. Eberly, Del., 498 A.2d 433 (1985)