Appeal from the Order of May 27, 1976, of the Court of Common Pleas of Philadelphia County, Family Division, Women's Criminal Branch, at No. 39645 May Term, 1960.
Samuel Kravitz, with him Melvin B. Goldstein, Philadelphia, for appellant.
Martin Leonard, Philadelphia, submitted a brief, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files a concurring opinion.
[ 248 Pa. Super. Page 377]
This appeal is from an order directing appellant to continue paying support for a child born out of lawful wedlock after that child's eighteenth birthday at the rate of $16.00 per week until further order of the lower court. We reverse.
On May 23, 1960, appellant entered a guilty plea to a charge of neglect to support a child born out of lawful
[ 248 Pa. Super. Page 378]
wedlock.*fn1 Appellant was ordered to pay $8.00 per week for the maintenance and support of the child until she reached the age of eighteen years. On May 25, 1974, the support order was increased to $16.00 per week.
Shortly after the child's eighteenth birthday, appellant filed a pro se petition to terminate his support obligation. The support order was terminated administratively without notice to appellee, the child's mother. Appellee contested this action and a hearing was held on May 27, 1976. The issue is this proceeding, as perceived by the lower court, was:
"Whether a court order against the father of an illegitimate child should automatically terminate when the child reaches the age of 18, simply because the child was illegitimate and the obligation to support her arose after a criminal conviction of her father."
As previously indicated, the order entered by the court following the hearing of May 27, 1976 directed that appellant continue to provide support "at the rate of sixteen ($16.00) ...