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VIRGINIA LEE v. WILLIAM LEE (04/07/86)

filed: April 7, 1986.

VIRGINIA LEE, APPELLEE,
v.
WILLIAM LEE, APPELLANT



Appeal from Order of the Court of Common Pleas, Family Division, of Fayette County, No. 1483 of 1980.

COUNSEL

Blane A. Black, Monongahela, for appellant.

Carl P. Izzo, Jr., Uniontown, for appellee.

Wieand, Del Sole and Hester, JJ.

Author: Wieand

[ 352 Pa. Super. Page 242]

The sole issue in this appeal is whether the trial court properly refused to reduce an agreed order for the payment of alimony despite a substantial change in the economic circumstances of the obligor. The trial court held that it was powerless to alter the order because it had been entered by agreement and refused to reduce it even though the income of the obligor, a steelworker, had been reduced substantially by a forced, early retirement. We reverse and remand for further proceedings.

William F. Lee, the appellant, and Virginia D. Lee, the appellee, were married on August 9, 1975. Appellee commenced an action in divorce on August 26, 1980. By

[ 352 Pa. Super. Page 243]

    agreement dated October 31, 1980, the parties divided their marital property and made provision for alimony as follows:

3. ALIMONY

The parties have this day agreed that a Support Order in favor of the Wife be entered by agreement in the Probation Office of Fayette County, Pennsylvania, at No. 1483 G.D. of 1980, wherein and whereby the Husband agrees to pay the Wife permanent alimony in the sum of $450.00 per month and in addition to maintain hospitalization insurance and benefits for his Wife through his employer.*fn1

In fact, this was merely an acknowledgement of an agreement and order of support which had been entered on ...


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