Sacco v. Sacco

Callahan and Witmer, JJ. (dissenting).

On this appeal respondent husband questions the authority of the court to modify a judgment of divorce which incorporates, without merging, the terms for support contained in a separation agreement, when the record does not show that the children have any need that is not met. We would hold that in such circumstances the court may not modify the judgment to increase the support payments. Under the separation agreement of May, 1970 petitioner wife received the marital residence (which was new only four years earlier) subject to an adjustment in…