Legal Opinion · Dissent

Doherty v. Doherty

Superior Court of Pennsylvania

Decided September 21, 2004Published

1Dissent

DISSENTING OPINION BY

ORIE MELVIN, J.:

¶ 1 I respectfully dissent from the majority’s conclusion that the trial court did not abuse its discretion with respect to application of the nurturing-parent doctrine as recognized by this Court in Commonwealth ex rel. Wasiolek v. Wasiolek, 251 Pa.Super. 108, 380 A.2d 400 (1977).

¶2 Mother maintains that under the facts of this case the nurturing-parent doctrine is applicable, and, therefore, the trial court should have assessed her earning capacity at zero or at least no more than her acknowledged earnings of $172.00 per month. Upon careful review, I…

2Cases cited6 opinions

  1. Commonwealth Ex Rel. Wasiolek v. WasiolekSuperior Court of Pennsylvania · 1977
  2. Butler v. ButlerSupreme Court of Pennsylvania · 1985
  3. Funk v. FunkSupreme Court of Pennsylvania · 1988
  4. Bender v. BenderSuperior Court of Pennsylvania · 1982
  5. Hesidenz v. CarbinSupreme Court of Pennsylvania · 1986

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