Husband and Wife — Support — Children — Divorce of wife — Defendant in prison — Reduction of amount of order — Rescission of arrearages in abeyance — Proof of assets available for payment of support.
In a proceeding upon a petition to strike off an order of support for defendant's wife and children and to cancel arrearages, in which it appeared that after the entry of the order defendant was sentenced to the penitentiary for a period of two and one-half years; that, in addition, the wife obtained a divorce; that defendant had remaining certain assets, consisting of an equity in a dwelling house, the rents of which had been attached for the support of the children, and other property; and that the court below entered an order reducing the amount of the previous order to a specified monthly sum for the support of the children and directing that rescission of the arrearages be held in abeyance until there was definite proof that there were no assets available for payment of the support order; it was Held that the order of the court below should be affirmed.
Submitted September 13, 1960.
OPINION PER CURIAM, November 16, 1960:
The order of the Court of Quarter Sessions of Clearfield County dated June 21, 1960, is affirmed on the opinion of President Judge PENTZ, as reported in 22 Pa. D. C. 2d 314, with the modification that the reduction in amount is made effective as of March 9, 1960.