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CARLENE MYERS v. WILLIAM YOUNG (03/13/81)

filed: March 13, 1981.

CARLENE MYERS
v.
WILLIAM YOUNG, JR., APPELLANT



No. 1098 April Term, 1979, Appeal from Order of the Court of Common Pleas of Beaver County, Domestic Relations Division, at No. 491 D.R. 1979.

COUNSEL

Arthur S. Herskovitz, Aliquippa, for appellant.

Calvin K. Williams, Carbondale, Kansas, for appellee.

Cercone, President Judge, and Shertz and Wieand, JJ.

Author: Wieand

[ 285 Pa. Super. Page 256]

Does an order of support for two children entered by a court in Virginia and subsequently suspended by the same court bar the courts of this state from hearing and deciding a petition for support forwarded by the State of Kansas under the Revised Uniform Reciprocal Enforcement of Support Act?*fn1 The trial court held that the Virginia order did not bar such proceedings and entered an order requiring appellant to contribute to the support of his two children. We agree and affirm.

William Young, appellant, and Carlene Myers were divorced on May 16, 1972 in Virginia. As a part of the divorce decree, custody of the parties' two children, Terri and William, was awarded to their mother, and appellant was ordered to contribute to their support. On June 13, 1977, appellant was able to obtain from the court in Virginia an order suspending the support order until such time as he was afforded rights of visitation.*fn2

Appellant is now a resident of Aliquippa, Beaver County, Pennsylvania. The children are living with their mother in

[ 285 Pa. Super. Page 257]

Kansas, where they are receiving assistance from the Kansas State Department of Social and Rehabilitation Services. This agency was responsible for instituting proceedings in Kansas under the Revised Uniform Reciprocal Enforcement of Support Act to compel appellant to support his children. The proceedings were forwarded to and heard by the Court of Common Pleas of Beaver County, which ordered appellant to pay the sum of $100 per month for the support of his two children.

The Revised Uniform Act, 42 Pa.C.S.A. ยง 6770, provides in pertinent part: "A responding court shall not . . . refuse a hearing . . . because of any . . . prior action or proceeding for divorce, . . . habeas corpus, adoption, or custody in this Commonwealth or any other state . . . . If the other action or proceeding . . . and the judgment therein provides for the support demanded in the petition being heard the court must take into account in placing its support order the amount allowed in the other action or proceeding. Thereafter the court shall not stay enforcement of its support order because of the retention of jurisdiction for enforcement purposes by the court in the other action or proceeding."

Similarly, Section 6771 provides: "A support order made by a court of this Commonwealth pursuant to this subchapter . . . is not nullified . . . by a support order made by a court of any other state . . . regardless of priority of issuance, unless otherwise specifically provided by the court. Amounts paid for a particular period pursuant to any support order made by the court of another state shall be credited against the amounts accruing or accrued for the same period under any support order made by the court of this Commonwealth."

It seems clear from these sections that the Uniform Act did not intend an order of support entered in one state to act as a bar to the entry of an order in another state having jurisdiction. See: Commonwealth v. Ladue, 55 Pa.D. & C.2d 216 (C.P. Adams 1972). The courts of the other state, of course, must take into ...


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