Commonwealth ex rel. DiSanti v. DiSanti

Opinion by

Packel, J.,

The intricacy and novelty of the interesting question as to the treatment of a profit sharing program has apparently caused the court below to disregard the fundamental principle that the real test in support matters is not earnings but earning power, Drummond v. Drummond, 414 Pa. 548, 200 A. 2d 887 (1964), and all attendant financial conditions, including the kind and amount of assets.

The trial court, on October 5,1971, entered an order of $310 for a wife and four children, and within the same month changed the order to $250 because, in finding the “usable income…