Samuel W. Salus, II, Albert Momjian, Philadelphia, for appellant.
Jerome L. Markovitz, Philadelphia, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Hoffman, J., concurs in the result. Watkins, President Judge, and Price and Van der Voort, JJ., dissent.
[ 242 Pa. Super. Page 439]
This appeal is taken by appellant-husband from an order of the lower court holding him in breach of a separation contract. The principal issue on appeal is whether
[ 242 Pa. Super. Page 440]
the trial court erred in refusing to receive evidence that the parties used the term "alimony" to mean "child support."
On November 20, 1972, the parties herein, formerly husband and wife, executed a separation agreement which was to take effect upon their divorce. The agreement provided, inter alia, that the wife would have custody of the two minor children, then ages 8 years and 10 years. The pertinent provisions of the separation agreement are found in the following paragraph:
"12(a) Husband shall pay to Wife as alimony the annual sum of Ten Thousand Six Hundred Seventy Dollars ($10,670.00), in weekly installments of Two Hundred Five Dollars and Nineteen Cents ($205.19), commencing one (1) week after the date of the aforesaid Divorce Decree, and continuing weekly thereafter until
(3) Wife's remarriage; or
(4) April 22, 1985, the date of Douglas' twenty-first birthday
whichever event first occurs, at which time Husband's obligation herein shall terminate.
"12(b) Husband's obligation to make the aforesaid alimony payments shall be reduced upon the emancipation of his child Douglas, or upon his graduation from high school, whichever event first occurs, at which time his alimony payments shall be reduced to One Hundred Forty ...