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COMMONWEALTH EX REL. MISCIAGNA v. MISCIAGNA (12/09/58)

December 9, 1958

COMMONWEALTH EX REL. MISCIAGNA
v.
MISCIAGNA, APPELLANT.



Appeal, No. 35, Oct. T., 1959, from order of Court of Quarter Sessions of Blair County, March T., 1956, R.D. No. 43, in case of Commonwealth of Pennsylvania ex rel. Marjorie Jane Misciagna v. Anthony Misciagna. Judgment affirmed.

COUNSEL

Bernard Jubelirer, for appellant.

Robert C. Haberstroh, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (woodside, J., absent).

Author: Watkins

[ 188 Pa. Super. Page 325]

OPINION BY WATKINS, J.

This is an appeal from an order of the Court of Quarter Sessions of Blair County by Anthony Misciagna, the husband appellant, from an order of support for his wife, Marjorie Jane Misciagna, the wife appellee, and child, in the amount of $200 per month.

The original order in this case was entered on February 8, 1956, in the amount of $200. Thereafter, on October 22, 1956, a petition for a reduction of the order was filed by the appellant. A counter petition seeking an increase was filed by the wife. After hearing, the court below, on February 1, 1957, entered an order increasing support to $250 monthly.

On July 1, 1957, the appellant again petitioned for a reduction and on July 18, 1958, after hearing, this petition was refused and he was directed forthwith to pay all arrearages to date. Exceptions were filed by the appellant and after argument, the court below on, August 22, 1958, made a supplementary order reducing

[ 188 Pa. Super. Page 326]

    support to $200 monthly and directing that arrearages be paid forthwith.

We are of the opinion that the order entered by the court below is not excessive in view of the record before us and that $200 monthly for the support of this wife and child is reasonable and, in fact, modest.

The court is not restricted in fixing the order to the husband's actual earnings; the nature and extent of his property, the character of his employment, his earning power and other financial resources may also be considered. Com. ex rel. Davidoff v. Davidoff, 178 Pa. Superior Ct. 549, 115 A.2d 892 (1955). This is particularly true where there may be some question as to the husband's ...


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