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ENRICO AGOSTI v. FAYE D. AGOSTI (09/30/83)

filed: September 30, 1983.

ENRICO AGOSTI
v.
FAYE D. AGOSTI, APPELLANT



No. 977 Pittsburgh, 1981, Appeal from the Order of the Court of Common Pleas of Indiana County, No. 1799 C.D. 1980, Civil Division.

COUNSEL

Chere Winnek-Shawer, Indiana, for appellant.

Wayne Andrew Kablack, Indiana, for appellee.

Cavanaugh, Rowley and Cirillo, JJ.

Author: Per Curiam

[ 319 Pa. Super. Page 426]

This is an appeal from a final decree in divorce entered August 31, 1981, pursuant to Section 201(d) of the Divorce Code. Act of April 2, 1980, P.L. 63, § 101 et seq., 23 P.S.

[ 319 Pa. Super. Page 427]

§ 101 et seq. (Supp. 1983). Appellant, Faye D. Agosti, raises three issues on appeal:

I. Did the trial court err in the disposition of the marital property?

II. Did the trial court err in the amount of child support awarded to appellant for the parties' minor son?

III. Did the trial court err in refusing to award appellant alimony?

Issues I and III have been waived since no exceptions were filed to the trial court's final decree, in contravention of Pa.R.C.P. 1920.52(a). Issue II, however, has not been waived since Pa.R.C.P. 1920.52(b) imposes no similar requirement on claims involving child support.*fn1

With respect to Issue II, appellant contends: (1) that the amount of support ordered by the trial court was inadequate in view of the minor son's special needs occasioned by his mental retardation, (2) that the record relied on by the trial court was devoid of any credible evidence concerning appellee's income or ability to pay, and (3) that the trial court erred in simply reconfirming the ...


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