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CARL N. HESIDENZ v. ALICE M. CARBIN. ANNETTE LISA HESIDENZ V. ALICE MARIE CARBIN (07/15/86)

filed: July 15, 1986.

CARL N. HESIDENZ, APPELLANT,
v.
ALICE M. CARBIN. ANNETTE LISA HESIDENZ V. ALICE MARIE CARBIN, APPELLANT



Appeal from the Order of October 12, 1982, in the Court of Common Pleas of Butler County, Family Division, at No. F.C. 81-303-S. Appeal from the Order Entered on December 13, 1984, in the Court of Common Pleas of Butler County, Family Division, at No. F.C. 81-303-S.

COUNSEL

Bruno A. Muscatello, Butler, for appellant in No. 1249 and appellee in No. 79.

Armand R. Cingolani, Jr., Butler, for appellant in No. 79 and appellee in No. 1249.

Brosky, Montgomery and Hester, JJ.

Author: Hester

[ 354 Pa. Super. Page 613]

In this appeal, a father is seeking child support from his former wife, the mother of his two children.*fn1 The mother

[ 354 Pa. Super. Page 614]

    has remarried and has given birth to two children by her present husband. We are asked to review her support obligations to her older children in light of her responsibilities to her younger children and in light of her physical condition.

The procedural history of the two appeals before us is rather detailed and, of course, interwoven. However, the salient facts relevant to these appeals are as follows. The father, appellant at No. 01249 Pittsburgh, 1982, and the mother, appellant at No. 00079 Pittsburgh, 1985, were married and had two daughters, Annette, born August 30, 1964, and Diana, born September 21, 1969. The parties were divorced on February 26, 1971. After the divorce, the mother retained custody of the children until some time in 1981, at which time custody was transferred to the father. Thereafter, the father filed for support.

The original order of support, dated June 22, 1981, required the mother to pay $190.00 per month for both children. At that time, the mother was employed as a full-time registered nurse. However, following the birth of her first child to her present husband, she decreased her work load to a part-time basis. In view of her diminished wages, the mother petitioned the court for a reduction in the support order. On June 25, 1982, the original support order was reduced to $80.00 per month for both children. The father's exceptions to that order were dismissed and the appeal at No. 1249 Pittsburgh, 1982, followed.

On December 21, 1983, the mother gave birth to another child by her present husband. At that time, she was forty years old and began to experience chest pains and other problems associated with coronary artery disease. She had resigned her job in anticipation of the birth of her child and thereafter did not return to work.

[ 354 Pa. Super. Page 615]

Six months later, Annette Lisa Hesidenz filed a petition for support for her college education against her mother.*fn2 On July 23, 1984, the mother was ordered to pay $25 per week for the support of Annette from September 1 to May 31 of each succeeding year.

Since she had no income, the mother filed an appeal and a demand for a hearing with the lower court. Following a hearing on December 13, 1984, the court found that the mother was unable to return to her duties as a nurse and the orders of support for $80.00 per month and for $25.00 per week for college support for Annette were to ...


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