No. 2409 Philadelphia, 1981, Appeal from the Judgment Entered of the Court of Common Pleas of Luzerne County, Criminal Division, at No. 270 of 1980
Joseph P. Giovannini, Jr., Wilkes-Barre, for appellant.
Nancy A. Shupnik, Wilkes-Barre, for appellee.
Hester, Brosky and Beck, JJ.
[ 318 Pa. Super. Page 517]
This appeal is from an order increasing the amount of support to be paid to appellant by appellee. Appellant raises three properly preserved issues. First, she states that the increase should have been made retroactive to the date of the filing of the complaint seeking an increase. Second, she contends that appellee should not have been given credit, to be applied to the new support obligation, for payments made in excess of the old support order. Third, appellant argues that the amount of the increase was insufficient. We agree with appellant's first point and
[ 318 Pa. Super. Page 518]
reverse as to it. The order is affirmed, however, as to its amount, and is remanded for computation as to the net amount of credit in view of the retroactive effective date to be given to the increase and for a fair distribution over time of such credit (or deficit).
The procedural history of this case can be briefly summarized. A support order in the amount of $40.80 per week was entered in 1975. On January 30, 1980, appellant filed a complaint seeking an increase in the amount of the support order to $150 bi-weekly for their children aged 7 and 6. After a Master's Hearing and Report, to which Exceptions were filed, on August 11, 1981, the court entered an order directing that the support be increased to $135 bi-weekly; that the order be effective as of March 16, 1981; and that appellant was given $4,318 credit for payments made by him, through the Probation Office, in excess of the initial support order.
The first issue which we will consider is whether there was error in making the support order effective on March 16, 1981, four days after the Master's Hearing, and in not making it retroactive to the filing of the request for an increase, some 14 months earlier.
The applicable statutory law at the time the order was entered was 42 Pa.C.S.A. § 6706(a).
An order of support may be made effective from the date of the filing ...