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WALTER M. HAAG v. ROBERTA M. HAAG (07/12/85)

SUPERIOR COURT OF PENNSYLVANIA


July 12, 1985

WALTER M. HAAG, APPELLANT
v.
ROBERTA M. HAAG

Appeal from the Order in the Court of Common Pleas of York County, Civil Division, No. 80-S-61

Before: Tamilia, Montgomery and Roberts, JJ.

Per Curiam:

Order affirmed.

TAMILIA, J., files a Concurring Memorandum.

Disposition

Order affirmed.

CONCURRING MEMORANDUM BY TAMILIA, J.:

A consideration not raised by either party, the master or the trial court is that by law, a spouse may not receive more than one-third the income of the other spouse. The master's report erroneously allowed $700 per month in alimony, which is 58 percent of defendant's net income of $1,200. In correcting the award of the master, even without reference to the one-third rule, imposing an Order of $400 brings it into conformity and should be affirmed. Commonwealth ex rel. Maier v. Maier, 274 Pa. Super. 580, , 418 A.2d 558, 560 (1980); Kurpiewski v. Kurpiewski, 254 Pa. Super. 489, 493, 386 A.2d 55, 58 (1978); Commonwealth ex rel. Lipsky v. Lipsky, 214 Pa. Super. 215, 251 A.2d 729 (1969) (Montgomery, J.). See also Koller v. Koller, Pa. Super. , 481 A.2d 1218 (1984).

19850712

© 1998 VersusLaw Inc.



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