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W.A.M. v. S.P.C.

Superior Court of Pennsylvania

July 2, 2014

W.A.M.
v.
S.P.C., Appellant

Appeal from the Order Entered September 30, 2013, in the Court of Common Pleas of Centre County, Civil Division at No(s): 2007-3095.

Appeal from the Order Entered September 30, 2013, in the Court of Common Pleas of Centre County, Civil Division at No(s): 2009-345-S

BEFORE: FORD ELLIOTT, P.J.E., OLSON, and STRASSBURGER [*], JJ.

OPINION

Page 350

STRASSBURGER, J.:

S.P.C. (Father) appeals from two orders entered on September 30, 2013, in this child support matter. The first order denied

Page 351

Father's petition for special relief without a hearing. Father also appeals from the trial court order dismissing Father's appeal from the decision of a domestic relations officer.[1] Upon review, we affirm.

Father and W.A.M. (Mother) were married on January 29, 1994. Together they had one child (Child) born in August 1995. While living in Missouri, the parties separated and eventually divorced. On September 6, 2001, Mother and Father entered into a settlement agreement (the Agreement), which provided, in relevant part, the following with respect to child support:

The child support is to begin on the 1st day of October, 2001 and is to be due payable on the 1st day of each month thereafter until the child is emancipated or the same is otherwise modified by the Court. Pursuant to the law of Missouri, a child is considered emancipated if the child:
a. Reaches the age of eighteen (18), unless the child is enrolled in and attending a secondary school program of instruction, then the support obligation shall continued [ sic ] until the child completes such a program or reaches the age of twenty-one (21), whichever first occurred. If the child has graduated from a secondary school, and if the child is enrolled in an institution of vocational or higher education not later than October 1st following such graduation and so long as the child continues to attend such institution of vocational or higher education, the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of twenty-two (22), whichever first occurs[.]

Settlement Agreement, 9/6/2001, at ¶ 7.

Furthermore, the Agreement provided that the " validity and construction of this agreement shall be determined in accordance with the laws of the State of Missouri." Id. at ¶ 34. Moreover, the Agreement also permitted Mother to move with Child to Pennsylvania. Id. at ¶ 3(J).

Mother and Child moved to Centre County, Pennsylvania in June of 2006, and on July 7, 2007, Mother filed a complaint for custody for the purpose of establishing jurisdiction. On September 5, 2007, the trial court entered an order assuming jurisdiction and providing that the custody schedule set forth in the Agreement shall continue to apply. A series of disputes ...


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