July 12, 1985
WALTER M. HAAG, APPELLANT
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.
TAMILIA, J., files a Concurring Memorandum.
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).
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