Judith D. Lawton - Page 9




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          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").                         




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