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)
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.