# Weiser v. Weiser

> Superior Court of Pennsylvania · March 29, 1976 · 238 Pa. Super. 488

URL: https://www.frixlaw.com/law-library/cases/9649788

## Case

- **Full name:** Weiser, Appellant, v. Weiser
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 29, 1976
- **Citations:** 238 Pa. Super. 488; 362 A.2d 287; 1976 Pa. Super. LEXIS 1930
- **Precedential status:** Published
- **Opinion:** Dissent by Price
- **Judges:** Spaeth, Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9649788

## Opinion text

Dissenting Opinion by
Price, J.:
Although I believe that the present circumstances indicate that the lower court abused its discretion by refusing to consider the potential earning capacity of the appellee in the formulation of its support order, I disagree with the majority’s disposition of this case. As the majority correctly observes, appellate courts do not wish to substitute themselves as “super-support courts” because they “[h]ave not had the opportunity to see and hear the witnesses and so determine credibility.” Yet, the majority not only concludes that the lower court abused its discretion, but also directs that the award be adjusted to a sum certain. In view of the above-stated principle, I believe that we should more properly remand to the lower court with directions to increase the amount of the award in a manner which reflects the factors discussed in the majority’s opinion.
I would therefore reverse the order of the court below and remand with directions to increase the award in an amount consistent with the principles of the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9649788. Public record. Not legal advice.