Appeal from the Order of the Court of Common Pleas, Chester County, Civil Division, at No. 538 No. 1969.
Madeline H. Lamb, West Chester, for appellant.
John J. Teti, Jr., Thorndale, for appellee.
Brosky, Johnson and Lipez, JJ.
[ 355 Pa. Super. Page 320]
This appeal is from the order modifying a previous support order and requiring appellant to pay $15 per week for the support of his daughter.
Appellant contends that: (1) the original support order should have been vacated as to appellant's daughter when she became 18 years old because of her failure to comply with Pa.R.C.P. 1910.3 (1) and (4); (2) he was deprived of his right to due process by not being afforded a hearing on whether support for his daughter should have been vacated when she reached the age of 18, (3) the court below did not apply the correct method of determining child support; (4) there was not sufficient evidence on the record to support the finding of the court below that the payment of child support would not cause an undue hardship to appellant; (5) there was not sufficient evidence on the record to support the findings of the court below as to the net incomes of the parties; (6) the court below abused its discretion in failing
[ 355 Pa. Super. Page 321]
to modify the original support order as to appellant's daughter.
We agree with appellant's third contention and, for the reasons that follow, vacate the order of the court below and remand this case for a recalculation of appellant's support obligation.
Appellant and appellee were divorced in December, 1970. On November 1, 1971, an order was entered which provided that appellant pay 30 dollars per week for the support of his two minor children, Debra and Bryan.
Debra became 18 years old in March, 1982. In June of 1982, appellant spoke by telephone with the Domestic Relations Office of Chester County, which, after contacting appellee, informed appellant that he had to continue to pay support for the benefit of Debra because she was still in college.
Appellant continued to make his support payments until the Fall of 1984 when his second wife, whom he had married in December, 1970, and with whom he had had two children, became ill with cancer. At that time, he ...