Opinion

Commonwealth Ex Rel. Johnson v. King

  • 297 Pa. Super. 431
  • 444 A.2d 108
  • 1982 Pa. Super. LEXIS 3781
Court
Superior Court of Pennsylvania
Filed
Apr 2, 1982
Status
Published
Author
Brosky
On the bench
Cercone, Spaeth, Hester, Wickersham, Brosky, Johnson, Popovich, Disalle, Shertz
Cited by
9 cases
Authority
More cited than 10.5%

court ignored fact that record did not indicate that civil support action was reinstated

How later courts described this case

  • court ignored fact that record did not indicate that civil support action was reinstated

Written by the judges who cited it.

The opinion

BROSKY,

Judge, concurring:

For the reasons set forth in my concurring opinion in Williams v. Wolfe, 297 Pa.Super. 270 , 443 A.2d 831 (1982), (Brosky, J. Concurring Opinion), I believe that to subject a child born out of wedlock to a limitation period, however reasonable, is to limit that child’s unqualified right to receive support from his father. As other jurisdictions have held, such limitation violates the Equal Protection Clause of the United States Constitution. See: State of Florida, Department of Health and Rehabilitative Services v. West, 378 So.2d 1220 (Fla.1979); State of Montana, Department of Revenue, Department of Social Rehabilitative Services v. *435 Wilson, 634 P.2d 172 (Mont 1981); Stringer v. Dudoich, 92 N.M. 98 , 583 P.2d 462 (1978); County of Lenoir ex rel. Cogdell v. Johnson, 46 N.C.App. 182 , 264 S.E.2d 816 (1980). However, since I agree with the majority that appellant’s civil action for support is not barred, I agree with the majority’s decision to reverse and remand.

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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