Appeal from Order of the Court of Common Pleas, Family Division, of Allegheny County, No. FD 86-01974.
James E. Miscavage, Pittsburgh, for appellant.
Philip Fabiano, Pittsburgh, for appellee.
Wieand, Watkins and Cercone, JJ.
[ 380 Pa. Super. Page 12]
The sole issue in this appeal is whether a court may reduce the amount of a prior order for the support of two children because of changed circumstances where the amount of the initial order was based upon an agreement between the children's mother and father. We hold that a court can modify its own order. Therefore, we reverse and remand to permit the trial court to receive evidence and determine whether appellant's changed financial circumstances warrant a reduction in the amount of the order.
Marlene and Michael Knorr were married on April 26, 1978. They had two children: Crystal, born January 25, 1979; and Melissa, born August 6, 1980. Subsequently, Marlene and Michael were separated. On June 2, 1986, they entered into a marital settlement agreement which provided, inter alia, that Marlene was to have primary custody of the children. The agreement also provided as follows:
5. SUPPORT. Husband shall pay Wife the sum of Two Hundred ($200.00) Dollars per month support until such
[ 380 Pa. Super. Page 13]
time as Husband is employed. When Husband becomes employed, he shall pay support according to the then current support guidelines of the Court of Common Pleas of Allegheny County, Pennsylvania.
9. PRESENTATION TO COURT. This Agreement shall be presented to a Court of competent jurisdiction in any action between the parties sounding in divorce with the request it be adjudicated to be fair, just and proper, and that it be incorporated by said Court as a part of the Order of said Court in the final decree (but not merged with the final decree) entered in said proceeding.
When a decree in divorce was entered on August 11, 1986, the decree contained language providing that "[t]he Agreement of the parties is attached hereto and made a part hereof."
On February 11, 1987, Marlene filed a complaint for support in the Court of Common Pleas of Allegheny County, Family Division. As a result, on March 11, 1987, a court order was entered by consent of the ...