Opinion

Commonwealth Ex Rel. Tokach v. Tokach

  • 326 Pa. Super. 359
  • 474 A.2d 41
  • 1984 Pa. Super. LEXIS 4071
Court
Supreme Court of Pennsylvania
Filed
Mar 2, 1984
Status
Published
Author
Cavanaugh
On the bench
Cavanaugh, Johnson, Montgomery
Cited by
21 cases

Overruled in part by D'Huy v. D'Huy, 390 Pa. Super. 509 (1990)

Opinion by Johnson, J.

How later courts described this case

  • Opinion by Johnson, J.

Written by the judges who cited it.

Later courts went against this

  • Overruled in part by D'Huy v. D'Huy, 390 Pa. Super. 509 (1990)

    326 Pa.Super. 359, 474 A.2d 41 (1984), overruled by D’Huy v. D’Huy, 390 Pa.Super. 509, 568 A.2d 1289 (1990)
    Supreme Court of PennsylvaniaJan 23, 19902 citing opinionsin partRead it

The opinion

CAVANAUGH, Judge,

concurring:

I concur in the result reached by the majority. The contractual provision in question is as follows:

Husband has agreed, or is about to agree, to a consent amount, based upon his net earnings being approximately $1200.00 per month and such arrangements are being made through the Domestic Relations Office of Washington County, Pennsylvania, for $350.00 per month for two (2) children, with payroll deductions being made in the amount of $175.00 from two (2) pays each month.

Clearly, by stating that the basis of the $350.00 per month figure was husband’s $1,200.00 per month income, the parties evidenced their intent that changes in economic status might precipitate changes in husband’s support obligation. To construe this provision otherwise would be to treat the $1,200.00 reference as mere surplusage. Since I feel the contract itself is modifiable, I see no need to decide whether it was made modifiable by the subsequent reference to it in the divorce decree.

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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