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COMMONWEALTH PENNSYLVANIA EX REL. SHIRLEY GRALLNICK v. PHILIP GRALLNICK. APPEAL SHIRLEY GRALLNICK (07/03/80)

filed: July 3, 1980.

COMMONWEALTH OF PENNSYLVANIA EX REL. SHIRLEY GRALLNICK
v.
PHILIP GRALLNICK. APPEAL OF SHIRLEY GRALLNICK



No. 3065 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Montgomery County No. 4589-77, dated November 22, 1978. Non-Support

COUNSEL

Jack A. Rounick, Norristown, for appellant.

Edward J. Hughes, Norristown, for Commonwealth, appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Stranahan

[ 279 Pa. Super. Page 348]

The appellant-mother and the appellee-father are separated. Their daughter, Jayne, age 19, attends college but spends the vacation periods with her mother.

The father paid between seven and eight thousand dollars for his daughter's college expenses including maintenance while in college during the 1977-78 academic year.

During her vacations the daughter lives at home with the mother for approximately 22 weeks per year. The cost of this maintenance is about $960.00 which the mother has paid. The daughter worked as a camp counselor during the summer and her earnings were used to buy clothes.

The father is a dentist and nets approximately $80,000.00 per year in spendable dollars after adding back the depreciation he takes on his tax returns.

The mother is employed part-time as a reading improvement teacher and nets $4,000.00 per year. She also tutors and earns an additional $45.00 per week. Her total earned income is less than $5,000.00 a year. She has $10,000.00 in savings plus $15,000.00 her husband gave her.

The mother petitioned for support of the daughter and, after hearing, the petition was dismissed. The court, in its opinion, indicated that the dismissal resulted from a finding

[ 279 Pa. Super. Page 349]

    that "the mother provides but a minimal contribution to the total amount that is paid for the support, maintenance and education of her daughter. In light of the equal obligation of both parents to support any dependent child, the amount contributed ...


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