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SHERRY L. RYAN v. KENNETH E. DELONG (11/09/87)

filed: November 9, 1987.

SHERRY L. RYAN
v.
KENNETH E. DELONG, APPELLANT



Appeal from the order in the Court of Common Pleas, Family Division, of Snyder County at No. 81-0072.

COUNSEL

Ambrose R. Campana, Williamsport, for appellant.

Barbara A. Reed, Assistant District Attorney, Middleburg, for appellee.

Cirillo, President Judge, and Olszewski and Hester, JJ.

Author: Cirillo

[ 371 Pa. Super. Page 249]

This is an appeal from an order modifying an award of child support. We vacate and remand.

[ 371 Pa. Super. Page 250]

Appellant Kenneth DeLong and appellee Sherry Ryan are the unmarried parents of Robbie Royer, who was born on December 18, 1980. Various custody petitions and orders have been filed over the years on behalf of the child. This dispute concerns support rather than custody.

The support order appealed from requires the father to pay $55.00 per week for the support of his child. This same order vacated an order of August 1981 which required the appellant to pay $20.00 per week in child support. The trial court derived the $55.00 figure by applying the Snyder County support guidelines. The court stated that appellant had presented no testimony which required it to deviate from the guidelines.

Appellant presents two issues for our review: "(1) Did the lower court follow the guidelines recently enunciated in Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984)? [and] (2) Did the lower court err in refusing to follow the rule of comity?"*fn1

Appellant claims that the support order at issue violates the guidelines enunciated in Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). This court has recently had occasion to summarize the appellate scope of review in a child support case. In DeWalt v. DeWalt, 365 Pa. Super. 280, 529 A.2d 508 (1987), we stated:

On appeal, a child support order will not be disturbed unless the trial court committed an abuse of discretion. Kopp v. Turley, 359 Pa. Super. 106, 109, 518 A.2d 588, 590 (1986). An abuse of discretion is more than an error of judgment. It must be a misapplication of the law or an ...


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