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GERALDINE WING v. JOSEPH D. WING (02/06/85)

filed: February 6, 1985.

GERALDINE WING
v.
JOSEPH D. WING, APPELLANT



No. 00641 Philadelphia, 1983, Appeal from the Order entered February 2, 1983 in the Court of Common Pleas of Philadelphia County, Family Division, No. 9-10436

COUNSEL

Stephen D. Ivey, Philadelphia, for appellant.

Joseph V. Restifo, Philadelphia, for appellee.

Cavanaugh, Beck and Tamilia, JJ. Beck, J., concurs in the result.

Author: Tamilia

[ 338 Pa. Super. Page 518]

This is an appeal from the Order of the Court of Common Pleas, Philadelphia County, entered February 2, 1983, requiring appellant, Joseph D. Wing, to pay appellee, Geraldine Wing, alimony in the amount of $100 per month and arrearages in the amount of $100 per month. On October 16, 1978, an Ohio court entered a decree divorcing appellee from appellant. The decree of divorce incorporated a separation agreement which, inter alia, required appellant to pay appellee $100 each month as alimony for her support and maintenance, so long as she did not remarry. At the time of this agreement, appellant had a net income of $600 per month and appellee had a gross income of approximately $9,000 per year, which after deductions, averaged $600 net income per month. The divorce decree was registered with the Court of Common Pleas of Philadelphia County on December 15, 1980, pursuant to section 506 of the Divorce Code, Act of April 2, 1980, P.L. 63, No. 26, § 506, 23 P.S. § 506. On April 8, 1981, appellee instituted an action in the lower court to enforce the Ohio alimony order. Hearings were held before the Honorable Vito F. Canuso, and after finding that the Ohio decree had been duly registered in the Philadelphia court, the lower court entered an Order on February 2, 1983 confirming and adopting the Ohio decree. A timely appeal was taken. We affirm.

Appellant presents the issues in this appeal as follows:

1. Did the trial court err in finding that the appellant, Mr. Wing, has a present net monthly income of $800, and an earning capacity of $17,000 annually?

2. Did the trial court err by failing to apply Ohio law to the facts of this case?

3. Did the trial court err in failing to modify the Ohio alimony order, err in enforcing that order, and err in

[ 338 Pa. Super. Page 519]

    ordering Mr. Wing to pay additional monthly payments towards alimony arrearages, given the evidence that Mrs. Wing is a gainfully employed teacher with a Masters Degree at a salary of $17,200 for ten months work, while Mr. Wing is unemployed?

4. Given the substantial change in circumstances of both Mr. Wing and Mr. Wing's long-standing unemployment, did the court err in failing to modify the Ohio alimony order, err in enforcing that order, and err in ordering Mr. ...


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