Yerkes v. Yerkes

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…