- 9 - guidelines is the correct amount of support to be awarded." (Emphasis supplied.) The presumption can be rebutted if the trier of fact makes a written finding that the guideline amount would be either unjust or inappropriate. See Pa. R. Civ. P. 1910.16-1(b); Ball v. Minnick, supra. For various net income levels of the parties and the number of their children (up to 4), the grids provide two numbers, one amount for child support only and one amount that is combination of spousal and child support. Merely by consulting the grids, petitioner insists, the portion of the total amount of support she received that is child support can be determined. Amounts Must Be Fixed in the Instrument Even assuming, for the sake of argument, that a simple reference to the grid1 would produce an accurate figure for what portion of the amounts she received was for child support, petitioner has not satisfied the requirements of section 71(c)(1). The amount of child support must be fixed by the terms of the instrument. See sec. 71(c)(1). The Supreme Court stated 1Respondent appears to raise an evidentiary objection to the use of the grids of Pa. R. Civ. P. 1910.16-2, on which petitioner bases part of her argument. Our holding in the case moots the objection. But see Hanley v. Donoghue, 116 U.S. 1, 6 (1885)(law is known to the Court as law alone, needing no averment or proof); Advisory Committee's Note on judicial notice of law, Fed. R. Evid. 201, 56 F.R.D. 183, 207 (1973)(the rules are founded on the assumption that law is "never a proper concern of the rules of evidence but rather of the rules of procedure").Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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