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COMMONWEALTH PENNSYLVANIA EX REL. EDITH B. MAGAZINER v. DAVID A. MAGAZINER (03/21/80)

filed: March 21, 1980.

COMMONWEALTH OF PENNSYLVANIA EX REL. EDITH B. MAGAZINER
v.
DAVID A. MAGAZINER, JR., APPELLANT



No. 1974 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Family Court Division, Domestic Relations Branch, No. DR 67-258-358, of June 15, 1978.

COUNSEL

Samuel Reveron, Philadelphia, for appellant.

Sidney Ginsberg, Philadelphia, for Commonwealth, appellee.

Wieand, Louik and Robinson, JJ.*fn*

Author: Wieand

[ 276 Pa. Super. Page 171]

On January 18, 1968, an agreed order was entered directing appellant, David A. Magaziner, Jr., to pay the sum of $100 per week for the support of three minor children, Robert, Jonathan and Diane. The amount of the order was not allocated in any way among the children. Robert, having attained his majority, was removed from the order

[ 276 Pa. Super. Page 172]

    on January 24, 1974. Appellant, however, did not seek a reduction in the amount of the order. Therefore, it continued at $100 for the support of the remaining two children. Jonathan reached the age of eighteen on June 19, 1976, and in October, 1976, Diane went to live with her father. A petition was thereafter filed in the court below by which appellant sought to have the support order vacated. Diane reached the age of eighteen on February 6, 1978, prior to the date on which appellant's petition to vacate was heard.

At the hearing it was stipulated that Jonathan should be removed from the support order as of June 19, 1976. It was also stipulated that the order should be fully terminated and vacated as of February 6, 1978. Additional stipulations fixed arrearages as of June 15, 1978, the date of the hearing in the court below, at $12,500 and the amount paid by appellee, Edith B. Magaziner, for Diane's high school tuition while she lived with her father at $5,368.95. It was agreed finally that arrearages as of February 6, 1978, according to the trial court's modification of the 1968 order, should be reduced to a judgment which was to be entered against appellant.

The trial court determined that no one of these circumstances or any combination thereof warranted a modification in the amount of the order. Therefore, it calculated arrearages to February 6, 1978 at the rate of $100 per week, and directed the entry of judgment for $10,600. It is from this order that the present appeal is taken.

In Bell v. Bell, 228 Pa. Super. 280, 282, 323 A.2d 267, 268-69 (1974), this Court reviewed the pertinent legal principles as follows:

"Orders of support are not final and may be increased or decreased where the financial conditions of the parties change. Commonwealth ex rel. Kaplan v. Kaplan, 219 Pa. Super. 163, 280 A.2d 456 (1971); Commonwealth ex rel. Meth v. Meth, 188 Pa. Super. 553, 149 A.2d 488 (1959). However, the order may be modified only by a good faith showing that ...


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