Commonwealth Ex Rel. Diodati v. Diodati

Superior Court of Pennsylvania

Commonwealth Ex Rel. Diodati v. Diodati

47 A.2d 541, 159 Pa. Super. 138, 1946 Pa. Super. LEXIS 343

CourtSuperior Court of Pennsylvania

DecidedApril 11, 1946

DocketAppeal, 124

StatusPublished

This text of 47 A.2d 541 (Commonwealth Ex Rel. Diodati v. Diodati) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth Ex Rel. Diodati v. Diodati, 47 A.2d 541, 159 Pa. Super. 138, 1946 Pa. Super. LEXIS 343 (Pa. Ct. App. 1946).

Pincite

Opinion

Per Curiam,

Respondent deserted his wife and eight-year-old child in January 1944. The wife is in ill health and is in need of medical care. The court in this proceeding ordered him to pay $30 per week for her support and maintenance of the child. He admits liability but contends that the amount of the order is beyond his ability to pay. He is a photographer and owns and operates a portrait studio, an established business conducted under the name of Ronaldo Studio. Relatrix had worked with him until the separation and testified that for the prior six months his gross daily receipts were between $60 and $125. She did -not have the means of determining what he actually earned. He maintained that his gross monthly income was about $700 and that his net earnings were not more than $175 per month. After the separation, respondent had paid his wife $20 per week and in addition assumed payment of the rent of a house for her; he also supplied coal and paid gas and electric light bills. He gradually reduced these payments to $20 per month, which prompted this proceeding. The amount of the order is less than the liability which respondent voluntarily assumed following his desertion of his wife and child. At the hearing he did not produce any books of account or other evidence supporting his testimony as to his earnings. In passing on the facts, the hearing judge was not obliged to accept respondent’s testimony as to his income, Com. ex rel. Elgart v. Elgart, 137 Pa. Superior Ct. 418, 9 A. 2d 202; the opinion filed in this case indicates that the trial judge did not believe his statement that his business had fallen off since the war, because of increased competition. It was for the lower court to find the facts; we find no abuse of discretion *140 which would justify a modification of the order on the record in this case.

Order affirmed.

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Per Curiam,

Respondent deserted his wife and eight-year-old child in January 1944. The wife is in ill health and is in need of medical care. The court in this proceeding ordered him to pay $30 per week for her support and maintenance of the child. He admits liability but contends that the amount of the order is beyond his ability to pay. He is a photographer and owns and operates a portrait studio, an established business conducted under the name of Ronaldo Studio. Relatrix had worked with him until the separation and testified that for the prior six months his gross daily receipts were between $60 and $125. She did -not have the means of determining what he actually earned. He maintained that his gross monthly income was about $700 and that his net earnings were not more than $175 per month. After the separation, respondent had paid his wife $20 per week and in addition assumed payment of the rent of a house for her; he also supplied coal and paid gas and electric light bills. He gradually reduced these payments to $20 per month, which prompted this proceeding. The amount of the order is less than the liability which respondent voluntarily assumed following his desertion of his wife and child. At the hearing he did not produce any books of account or other evidence supporting his testimony as to his earnings. In passing on the facts, the hearing judge was not obliged to accept respondent’s testimony as to his income, Com. ex rel. Elgart v. Elgart, 137 Pa. Superior Ct. 418, 9 A. 2d 202; the opinion filed in this case indicates that the trial judge did not believe his statement that his business had fallen off since the war, because of increased competition. It was for the lower court to find the facts; we find no abuse of discretion *140 which would justify a modification of the order on the record in this case.

Order affirmed.

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Bluebook (online)

47 A.2d 541, 159 Pa. Super. 138, 1946 Pa. Super. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-diodati-v-diodati-pasuperct-1946.

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