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COMMONWEALTH EX REL. GOODMAN v. DELARA (09/21/71)

decided: September 21, 1971.

COMMONWEALTH EX REL. GOODMAN
v.
DELARA, APPELLANT



Appeal from order of Court of Common Pleas, Family Court Division, of Philadelphia, Nov. T., 1970, No. 466, in case of Commonwealth of Pennsylvania ex rel. Hyman Goodman v. Hilda F. Delara.

COUNSEL

Norman P. Zarwin, with him Zarwin, Baum, Arangio & Somerson, for appellant.

Maurice Freedman, with him Robert H. Arronson, and Herbert H. Hadra, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Spaulding, J.

Author: Spaulding

[ 219 Pa. Super. Page 450]

This is an appeal from an order directing appellant Hilda Delara to pay her former husband, appellee Hyman

[ 219 Pa. Super. Page 451]

Goodman, $15 per week for the partial support of their two minor children. The order was entered on January 27, 1971, by the Honorable Emanuel W. Beloff of the Court of Common Pleas, Family Division, Philadelphia County.

The parties married in 1960 and were divorced in 1968, following a two year separation. Their two children, aged eight and nine, have resided with appellee since the separation occurred in 1966. This case arose on petition by appellee for partial support of the children.

Appellee is a bartender who works mostly evening hours and earns between $120 and $140 per week after taxes. He owns a 6 room ranch house in Philadelphia, where he and the children reside. Appellant works as a waitress near her apartment, in northeast Philadelphia, which she shares with her 73 year old, widowed, mother. She earns $25 a week in salary plus approximately $50 to $60 a week in tips.*fn1 Appellant testified to having expenses of $83 a week, including: rent $25, automobile payments and expenses $21, food $15, clothing $5, and other expenses totaling $17.

At the time of their separation in 1966, both appellant and appellee were working. The children were cared for during the day by a baby-sitter, whose services cost $60 weekly. Upon separating from her husband, appellant voluntarily gave him $50 per week, which enabled him to retain the baby-sitter. However, five months later, when appellant lost her $150 a week seasonal job as a waitress at a country club, she stopped making these payments as she could no longer afford them. Appellee retained the baby-sitter for a little over

[ 219 Pa. Super. Page 452]

    a year, at his own expense, but finally he no longer had sufficient funds for this service. Since that time, appellee has had first one and then another of his married sisters live with him and care for the children. The sister presently residing with appellee and his children has her husband stay with her at appellee's home several days each week. However, as she now desires to return to her apartment and tend to her own affairs, the present action was filed. Appellee sought funds from his ex-wife to pay for a baby-sitter for the children, alleging that his own earnings are ...


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