Commonwealth Ex Rel. Smith v. Smith

Opinion by Cercone, J.,

On February 21, 1969, Charles Smith was ordered to pay $40.00 per week for the support of his wife and one child Claudine, $15.00 for his wife and $25.00 for his daughter. In addition he was ordered to pay any necessary medical expenses of his daughter and the mortgage on the jointly owned home in which his wife and daughter resided. The mortgage payment was then $59.00 monthly, and his salary was then $116.72 a week. His wife was at that time earning $35.00 per week.

On August 8, 1969, the husband petitioned the court to vacate the order as to the daughter since she had…