Legal Opinion · Concurrence

Yerkes v. Yerkes

Supreme Court of Pennsylvania

Decided May 30, 2003No. 151 MAP 2001Published

1ConcurrenceJustice Saylor

Although I see merit in the majority’s approach, I would endorse the Superior Court’s, which reposed substantial discretion in the trial court to assess the fact of incarceration as one factor in determining whether to grant a petition for modification or termination of child support, particularly in the absence of a specific legislative directive otherwise. See Leasure v. Leasure, 378 Pa.Super. 613, 616-17, 549 A.2d 225, 226-27 (1988) (stating that the trial court should consider, inter alia, the length of incarceration and the assets of the incarcerated parent in reviewing a petition for…

2Cases cited8 opinions

  1. Shick v. ShireySupreme Court of Pennsylvania · 1998
  2. Mamlin v. GenoeSupreme Court of Pennsylvania · 1940
  3. Commonwealth Ex Rel. Fox v. SwingSupreme Court of Pennsylvania · 1962
  4. Lurie v. Republican AllianceSupreme Court of Pennsylvania · 1963
  5. Leasure v. LeasureSupreme Court of Pennsylvania · 1988

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