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ANNA GILHAM v. HENRY GILHAM (05/04/84)

filed: May 4, 1984.

ANNA GILHAM, APPELLANT,
v.
HENRY GILHAM



No. 01387 Pittsburgh, 1982, Appeal from the Order of the Court of Common Pleas, Washington County, Civil Division, at No. 319 D.R. 1982.

COUNSEL

Eugene J. Julian, Washington, for appellant.

John P. Liekar, Jr., Canonsburg, for appellee.

Brosky, Del Sole and Montgomery, JJ.

Author: Brosky

[ 327 Pa. Super. Page 343]

Appellant, the former wife of appellee, seeks the enforcement in a Pennsylvania court of an "alimony" award granted to her in Ohio in 1978. The lower court declined to implement the enforcement procedures of the Revised Uniform Reciprocal Enforcement of Support Act (RURESA)*fn1 because Mr. and Mrs. Gilham were divorced by decree of the Court of Common Pleas of Allegheny County in 1979. We affirm.*fn2

Prior to their divorce Mr. and Mrs. Gilham apparently lived in Ohio where Mrs. Gilham continues to reside. In

[ 327 Pa. Super. Page 344]

March of 1978 the Court of Common Pleas of Belmont County, Ohio issued an order directing Mr. Gilham to pay support*fn3 to his wife in the amount of $500.00/month and to pay the mortgage payments due on the residence occupied by Mrs. Gilham.

In 1980 and again in 1981 the Ohio court awarded Mrs. Gilham judgments in the amounts of $5,112.43 and $8,382.00, respectively, because it found appellee to have accumulated arrearages in those amounts.

In May, 1982 the petition which is the basis of this appeal was filed in the Court of Common Pleas of Washington County, Pennsylvania. In her petition Mrs. Gilham seeks enforcement of the $500.00/month Ohio support order and $8,382.00 arrearages judgment.*fn4

The lower court denied the petition because it concluded that since the parties were divorced in Pennsylvania at a time when there was no obligation to pay post marital support, appellant could not enforce her support order by means of RURESA.

It is true that prior to the enactment of the Divorce Code of 1980*fn5 there was no obligation to support a former spouse. See Stambaugh v. Stambaugh, 458 Pa. 147, 329 A.2d 483 (1974). In Appeal of Bona Lynn Werline, 280 Pa. Super. 572, 575 n. 4, 421 A.2d 1080, 1081 n. 4 (1980), we explained that consistent with Pennsylvania's policy that an obligation to support a former spouse is created only by ...


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