## Facts

- Lou Anne Hoffman (wife) and Chauncey F. Hoffman (husband) married in 1990 and had one child in 1991.
- In April 1998, the husband learned the wife had committed adultery with one of his relatives; the adultery was undisputed.
- While the wife was away in Florida, the husband filed a custody complaint.
- After the wife returned, the parties attempted to reconcile and resumed living together for a period, but the husband maintained the custody action and restricted the wife’s access to money.
- The wife filed a support complaint in May 1998; she left the marital residence in August 1998 when reconciliation failed.
- A support hearing officer denied spousal support due to the wife’s adultery and set child support at $150 per month; the trial court denied exceptions and entered a final support order.
- The wife appealed, arguing (among other things) that the husband’s post-adultery cohabitation and marital relations constituted condonation and that the child-support income calculations were erroneous.

## Issues

1. Whether the husband legally condoned the wife’s adultery, eliminating adultery as a bar to her claim for spousal support.
2. Whether the trial court correctly determined the parties’ net incomes and earning capacities for purposes of calculating child support.

## Decision

- The court held that the husband’s conduct did not constitute legal condonation; the denial of spousal support based on the wife’s adultery was affirmed.
- The court vacated the child-support portion of the order and remanded for further proceedings to address errors or lack of clarity in guideline-based income determinations and related calculations.

## Legal Principles

- In Pennsylvania, adultery is a meritorious defense to a claim for spousal support unless the adultery is legally condoned.
- Condonation requires knowing forgiveness shown by resumption of the marital relationship under circumstances indicating an intent to restore marital status; cohabitation or sexual relations alone are not dispositive.
- Courts assess condonation under the totality of circumstances, including whether the allegedly forgiving spouse continued to assert legal claims (such as custody litigation) or withheld ordinary incidents of marital restoration (such as meaningful financial access).
- Child support must be calculated under the support guidelines using properly determined net income and, where appropriate, earning capacity; inadequate findings or misapplication of guideline methodology warrants vacatur and remand.

## Conclusion

The court affirmed the denial of spousal support because the wife’s adultery was not condoned by a limited, failed reconciliation while the husband maintained custody litigation and restricted finances, and it vacated and remanded the child-support calculation for corrected guideline-based income findings.


Hoffman v. Hoffman, 762 A.2d 766 (Pa. Super. Ct. 2000) (en banc)