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Commonwealth ex Rel. Condran v. Condran

Superior Court of Pennsylvania
Nov 20, 1930
100 Pa. Super. 79 (Pa. Super. Ct. 1930)

Opinion

September 30, 1930.

November 20, 1930.

Parent and child — Father — Support of minor — Earnings — Order of Court.

An order of support against a father for the support of his child in the amount of $8.00 per week will not be increased where there is no evidence that the respondent was making more than $25.00 per week and the order represented a substantial allowance for the maintenance of the child.

Appeal No. 323, October T., 1930, by Florence Condran from judgment of M.C., Philadelphia County, May T., 1930, No. 1119, in the case of Commonwealth of Pennsylvania ex rel. Florence Condran v. Martin Condran.

Before TREXLER, P.J., KELLER, LINN, GAWTHROP, CUNNINGHAM, BALDRIGE and WHITMORE, JJ. Affirmed.

Petition for an order of support. Before LEWIS, J. The facts are stated in the opinion of the Superior Court.

The court ordered defendant to pay $8 per week for the support of the child. Florence Condran appealed.

Error assigned was the order of the court.

Maurice G. Weinberg, for appellant.

No appearance or printed brief for appellee.


Argued September 30, 1930.


The appellant applied to the Domestic Relations Division of the Municipal Court for support for herself and child, alleging desertion on the part of the defendant. The case was heard on May 9, 1930, and an order made for the sum of $8.00 a week for the support of the child alone.

There was evidence given by the defendant that his wife violently attacked him and had driven him from home and the judge who heard the case was impressed by his story and deemed it best to give the money for the support of the minor child alone. The defendant was only earning $25.00 a week.

There was a petition for rehearing alleging that the defendant had misrepresented his earnings. When the hearing was had, it was evident that there had been no substantial change in the earnings of the defendant and there was no good reason presented for changing the order of May 9, 1930. The matter was plainly within the descretion of the lower court. There was ample proof to sustain the conclusion that the husband did not earn more than $25.00 and $8.00 was a substantial allowance for the support of the child.

The order is affirmed.


Summaries of

Commonwealth ex Rel. Condran v. Condran

Superior Court of Pennsylvania
Nov 20, 1930
100 Pa. Super. 79 (Pa. Super. Ct. 1930)
Case details for

Commonwealth ex Rel. Condran v. Condran

Case Details

Full title:Commonwealth ex rel. Condran v. Condran

Court:Superior Court of Pennsylvania

Date published: Nov 20, 1930

Citations

100 Pa. Super. 79 (Pa. Super. Ct. 1930)