Opinion
September 11, 1962.
November 15, 1962.
Husband and Wife — Support — Amount of order — Needs of wife — Earnings and earning power of husband — Retroactive order.
In a support proceeding, in which it appeared that counsel for respondent agreed at the first hearing that any order entered in the case should be made retroactive to the date of the hearing; that respondent's gross income prior to 1961 averaged about $8,100, and in 1961 his take home pay averaged $72 per week on a thirty hour basis, but he expected to go back on a forty hour week in a short time; and that the court below, taking into consideration the needs of the wife, the earnings and the earning power of the husband, entered an order in the amount of $30 per week for the support of the wife, which it made retroactive to the date of the first hearing; it was Held, upon appeal by respondent, that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 299, Oct. T., 1962, from order of County Court of Philadelphia, April T., 1960, No. 1889, in case of Commonwealth ex rel. Reba Blau v. Milton Blau. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 535.
Nonsupport. Before SPAULDING, J.
Order entered directing payment of weekly amount for support of wife, fixing retroactive date, opinion by BOYLE, J. Defendant appealed.
S. Frank Laveson, for appellant.
Jay H. Rosenfeld, with him Rosenfeld and Carter, for appellee.
Argued September 11, 1962.
The order of the court below is affirmed on the opinion of Judge BOYLE of the County Court of Philadelphia, as reported in 28 Pa. D. C. 2d 535.