Opinion
Argued September 13, 1978.
October 2, 1978.
Support proceedings. Before DIGGINS, J. Order entered dismissing petition. Petitioner appealed. Appeal, No. 788, Oct. T., 1978, from Court of Common Pleas of Delaware County, No. F-27-1128 of 1977. Argued September 13, 1978.
Bruce E. Endy, for appellant; Robert I. Whitelaw, with him Paul C. Heintz, for appellee.
Before PRICE, HESTER and HOFFMAN, JJ.
The order of the lower court is vacated and the case is remanded for a full hearing on the merits in accordance with Commonwealth ex rel. Welsh v. Welsh, 222 Pa. Super. 585, 296 A.2d 891 (1972). Contracts between husband and wife concerning child support are not binding upon the courts. MacDougall v. MacDougall, 397 Pa. 340, 155 A.2d 358 (1959).