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← 440 Pa. Super. 280 - McCarty v. Smith

440 Pa. Super. 280 - McCarty v. Smith’s Empirical Analysis

1995

Citation profile

4
cited by 4 later decisions
1
states following
March 1997
most recently cited

4 state decisions

Relationships

Relies on 344 Pa. Super. 276 - Fee v. Fee · Ball v. Minnick · 302 Pa. Super. 102 - Boni v. Boni · 395 Pa. Super. 473 - Blaisure v. Blaisure · 381 Pa. Super. 440 - Steinmetz v. Steinmetz

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Rule 1910.16-4. Support Guidelines. Deviation (a) If the amount of support deviates from the amount of support determined by the guidelines, the trier of fact shall specify, in writing, the guideline amount of support, and the reasons for, and findings of fact justifying, the amount of the deviation. (b) In deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider (1) unusual needs and unusual fixed obligations; (2) other support obligations of the parties; (3) other income in the household; (4) ages of the children; (5) assets of the parties; (6) medical expenses not covered by insurance; (7) standard of living of the parties and their children; and (8) other relevant and appropriate factors, including the best interests of the child or children.”
    1 later decision quote this exact passage
  2. “The rules make clear that the amount of support as determined from the support guidelines is presumed to be the appropriate amount of support and that any deviation must be based on Rule 1910.16-4. [[Image here]] The presumption is strong that the appropriate amount of support in each case is the amount as determined from the support guidelines. However, where the facts demonstrate the inappropriateness of such an award, the trier of fact may deviate therefrom. This flexibility is not, however, intended to provide the trier of fact with unfettered discretion to, in each case, deviate from the recommended amount of support. Deviation will be permitted only where special needs and/or circumstances are present such as to render an award in the amount of the guideline figure unjust or inappropriate.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.