Opinion

Reif v. Reif

  • 426 Pa. Super. 14
  • 626 A.2d 169
  • 1993 Pa. Super. LEXIS 1790
Court
Superior Court of Pennsylvania
Filed
Jun 1, 1993
Status
Published
Author
Wieand
On the bench
Wieand, Olszewski, Tamilia
Cited by
10 cases
Authority
More cited than 7.2%

stating: “Since Father’s support obligation in this case is defined in the post-nuptial agreement, his duty is contractual, not legal”

How later courts described this case

  • stating: “Since Father’s support obligation in this case is defined in the post-nuptial agreement, his duty is contractual, not legal”
  • “Estrangement can operate to relieve or lessen a parent’s duty to pay support toward a college education when that parent has made a good-faith and concerted effort to establish and develop a relationship with his or her child, and the child has unquestionably and willfully rejected the parent’s outstretched hand,” even in certain cases involving a contractual obligation as opposed to a judicially imposed one

Written by the judges who cited it.

The opinion

WIEAND, Judge,

dissenting:

Although I must agree with my colleagues that the order entered by the trial court is unusual and in some respects unsupportable by the record, 1 it seems clear to me that the order does not constitute a final determination of the dispute between the parties. For this reason I would quash the instant appeal. If the appeal is not quashed, appellant will most certainly have the right to a second review after the amount of the order has been determined finally. To permit piecemeal appeals does not serve the efficient use of judicial resources and, therefore, should not be allowed. See: Fried v. Fried, 509 Pa. 89 , 501 A.2d 211 (1985).

. Although it has not been made an issue in this case, in my judgment it is improper for a court to direct the Domestic Relations Officer to determine the amount of a support order where adverse proceedings have been heard by the court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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