Opinion

Shilling v. Shilling

  • 394 Pa. Super. 154
  • 575 A.2d 145
  • 1990 Pa. Super. LEXIS 962
Court
Supreme Court of Pennsylvania
Filed
May 21, 1990
Status
Published
Author
Wieand
On the bench
Wieand, Tamilia, Popovich
Cited by
4 cases
Authority
More cited than 8.6%

The opinion

WIEAND, Judge,

dissenting.

I respectfully dissent. A common residence is not a bar to a support order where, as here, the parties in fact are living separate and apart. See: Biler v. Biler, 353 Pa.Super. 49 , 508 A.2d 1261 (1986); Flynn v. Flynn, 341 Pa.Super. 76 , 491 A.2d 156 (1985). See also: Mackey v. Mackey, 376 Pa.Super. 146 , 545 A.2d 362 (1988).

In the instant case, although appellant-husband returned home several nights a week and slept on a couch in the den, the evidence was that he had filed an action for divorce, had removed his better clothing, had discontinued placing his pay check in the joint checking account, was not providing money for the purchase of food, and was living elsewhere three or four nights each week. Under these circumstances, I would hold that the order of support was proper.

The amount of the order, although substantial in view of other income available to appellee, 1 did not constitute an abuse of discretion. Appellant was employed as a school teacher and earned weekly a net of four hundred fifty ($450.00) dollars. The order compelled him to pay the sum of one hundred thirty-three ($133.00) dollars per week for *160 the support of his wife and forty-eight. ($48.00) dollars per week for the support of his minor child. This order compelled appellant to contribute less than fifty (50%) percent of his net earnings to the support of his unemployed wife and child and was not so excessive as to constitute an abuse of discretion.

I would affirm the order entered by the trial court.

. The evidence was that an older son had been contributing fifty ($50.00) dollars per week to his mother, the appellee, as room and board and that the wife-appellee had been collecting rent of two hundred ($200.00) dollars per month from a trailer which was owned jointly by the parties.

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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