## Facts

- Rosemary Mascaro (wife) and Joseph Mascaro (husband) married in 1978, separated in 1994, and had one child (born 1984).
- In 1996, wife filed a complaint for support seeking spousal and child support.
- A support master recommended $2,500 per week in unallocated support; both parties filed exceptions.
- After a de novo hearing, the trial court found husband’s after-tax income was about $52,000 per month and the parties agreed wife had no earning capacity.
- The trial court initially ordered $19,786 per month, then reduced the award on reconsideration to $13,000 per month as tax-free unallocated spousal and child support.
- Because the parties’ combined net income exceeded the guideline schedule maximum ($15,000 per month), the trial court concluded the support guidelines did not govern spousal support and instead used a Melzer-based “reasonable needs” analysis.
- The Superior Court affirmed the use of Melzer for spousal support in high-income cases.
- The Supreme Court of Pennsylvania granted review to decide whether the support guidelines apply to spousal support when combined net income exceeds $15,000 per month.

## Issues

1. Whether Pennsylvania’s support guidelines apply to spousal support when the parties’ combined net income exceeds the guideline schedule maximum ($15,000 per month).
2. Whether the absence of an express high-income exception for spousal support permits courts to substitute a Melzer “reasonable needs” analysis in place of guideline-based spousal support.

## Decision

- The Supreme Court of Pennsylvania reversed the Superior Court.
- The Court held that the spousal support guidelines apply even when combined net income exceeds $15,000 per month.
- The Court ruled it was legal error to exclude spousal support from the guidelines solely because the parties are above the income schedule.
- The case was remanded for further proceedings consistent with applying the spousal support guidelines, with any deviation supported by appropriate findings.

## Legal Principles

- Spousal support guideline provisions apply in high-income cases unless the rules expressly provide otherwise.
- The support rules include an explicit high-income directive for child support (use of Melzer above $15,000 per month), and the absence of a similar directive for spousal support indicates no high-income carveout for spousal support.
- Guideline amounts are presumptive; courts may deviate, but deviations must be justified on the record using relevant factors rather than replacing the guideline framework wholesale.
- Melzer remains controlling where the rules expressly incorporate it (notably high-income child support) and may inform deviation analysis, but it does not displace guideline-based spousal support.

## Conclusion

The Pennsylvania Supreme Court held that spousal support must be calculated under the support guidelines even when the parties’ combined net income exceeds the guideline schedule maximum, and it rejected substituting a purely Melzer-based “reasonable needs” method for spousal support in high-income cases.


Mascaro v. Mascaro, 569 Pa. 255, 803 A.2d 1186 (Pa. 2002)