Appeal from the Order of the Court of Common Pleas, Civil Division, of Montgomery County at No. 85-13064
Lawrence F. Flick, Norristown, for appellant.
Frederick Cohen, Norristown, for appellee.
Cavanaugh, Wickersham and McEwen, JJ. Cavanaugh, J., concurs in the result.
[ 361 Pa. Super. Page 206]
Richard J. Miesen appeals from the order of the Court of Common Pleas of Montgomery County dismissing his complaint in equity.
Appellant and appellee, Susan Frank, were formerly husband and wife. Prior to their divorce in June of 1976, the parties entered into a separation agreement which contained, inter alia, the following provisions:
TWELFTH: Husband hereby acknowledges that he does not intend to support the three above named minor children. In the event Wife should remarry or desire that her parents adopt said children, Husband hereby gives his consent to the adoption of said children by wife's then present husband or parents, provided said party or parties agree in writing that Husband shall have reasonable and liberal visitation rights with each child as long as said visitation does not interfere with the social and educational requirements of each said child. Husband declares that he does not want to be financially or in any other manner responsible for the support of the said three minor children, and that he desires indemnification from Wife and her estate for any claims of support or financial responsibilities by said children. Husband further declares that he agrees to consent to the adoption of said children in order to obtain Wife's indemnification for support. Should Husband withhold his consent to the adoption of any of the children or should he make any claim to their custody or to their property at any time, the said Agreement of indemnification shall be cancelled and be null and void and of no effect, and Wife and her estate shall no longer be obligated to indemnify him and he shall be liable for their support.
Thirteenth: It is specifically and mutually understood and agreed that Husband shall pay nothing for the support of the parties' above named three minor children, but Husband shall carry for the benefit of his minor children Blue Cross and Blue Shield medical insurance or insurance of a comparable nature. Wife shall be solely responsible
[ 361 Pa. Super. Page 207]
for the support of the parties' three children. Wife hereby indemnifies Husband for any amounts of support claimed by said children against Husband and hereby binds her estate, executors, administrators, , personal representatives or assigns by such indemnification should any such claims be made by said children after her death.
In 1981, appellee found herself in financial difficulty and she filed a child support petition against appellant on behalf of their three minor children. On August 20, 1981, the lower court entered an order directing appellant to pay $250.00 per week in support. Significantly, appellant did ...