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REGINA DOWNIE v. EDWARD DOWNIE (06/03/83)

filed: June 3, 1983.

REGINA DOWNIE
v.
EDWARD DOWNIE, APPELLANT



No. 389 Philadelphia, 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, Delaware County, No. F 28-671.

COUNSEL

Charles C. Shainberg, Philadelphia, for appellant.

John Alden, Wayne, for appellee.

Cirillo, Johnson and Montemuro, JJ.

Author: Montemuro

[ 314 Pa. Super. Page 549]

This is an appeal from an order of the Delaware County Court of Common Pleas granting appellee's petition to increase support, and denying appellant's cross petition to decrease support.

The present action was initiated by appellee wife's petition to increase support. Appellee sought an increase in support on the basis of an increase in expenses. In response, appellant husband filed a petition to decrease support, alleging as a basis that appellee was now working, and had not been at the time of the original order, and that one of the children on the prior order had become self-supporting.

The original support order in this action was entered in 1978. That order required appellant to pay appellee the sum of $126 per week, with $30 allocated to the support of appellee, and $32 allocated to the support of each of three children in appellee's custody.

After conducting a hearing, the trial court sustained the recommendation of the master and modified the original order, granting the increase requested by appellee. The order entered removed one child, and directed appellee to pay $126 per week; $26 to be allocated to appellee, and $50

[ 314 Pa. Super. Page 550]

    to be allocated to each of two children. In addition, appellant was directed to pay $330 in arrearages at the rate of $10 per week. This appeal followed.

On appeal, appellant argues that the trial court erred in denying his petition for reduction. As this is an appeal from a ruling on cross petitions, implicit in this is the argument that the trial court erred in granting appellee's petition for an increase. Although appellant's specific assertions of error are vague, it is clear that one of them is that the trial court failed to consider appellee's earnings in fixing the amount of support owed.

It is well settled that in a support case this court will not normally reverse unless there has been an abuse of discretion on the part of the trial court. Commonwealth ex rel. Caswell v. Caswell, 280 Pa. Super. 359, 421 A.2d 762 (1980); Commonwealth ex rel. ReDavid v. ReDavid, 251 Pa. Super. 103, 380 A.2d 398 (1977); Bell v. Bell, 228 Pa. Super. 280, 323 A.2d 267 (1974). Among those situations which constitute an abuse of discretion are those where the law is overridden or misapplied. Prescott v. Prescott, 284 Pa. Super. 430, 426 A.2d 123; Commonwealth v. One ...


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