No. 73 Harrisburg 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of Adams County at No. DR-22-82.
Henry O. Heiser, III, Gettysburg, for appellant.
Lovette M. Mott, Gettysburg, for appellee.
Wickersham, Del Sole and Montemuro, JJ.
[ 325 Pa. Super. Page 508]
In this child support action, appellant is the mother and appellee is the father of a child, Jennifer, born January 1, 1973. The parties are no longer husband and wife. Appellee has since remarried and is the father of a second child born of his present marriage.
In an order entered on March 9, 1982, appellee was directed to pay support for Jennifer in the amount of $40.00 per week while employed and $26.00 per week while unemployed. At the time of the entry of the order, appellee had remarried and his second wife was pregnant. Upon petition of appellee, a modification hearing was held on February 8, 1983. Appellee's petition alleged that a reduction in the amount he was to pay for support of Jennifer was necessary because appellee had become the father of a second child on August 26, 1982. Although the evidence presented at the hearing indicated that there had been no material increase in appellee's expenses, the lower court found that the birth of the second child was a substantial and material change in circumstances requiring a reduction in the original support order. Thus, on February 8, 1983, the court amended its previous order and directed appellee to pay $26.50 per week for support of Jennifer. Appellant filed a timely appeal to the court's modification of the original support order.
Appellant poses two issues for our consideration:
[ 325 Pa. Super. Page 509]
A. Does the birth of a second child warrant a reduction in support when expenses increased thereby are offset by increased income?
B. Did the lower court commit error in basing the amount of the modified order on a chart guideline which ignores need or expenses and fixes support based solely on income and the number of dependents?
Brief for Appellant at 3.
Because we decide that we must vacate the order of the lower court on the basis that the modification of the original support order was unwarranted, we ...