Commonwealth Ex Rel. Delbaugh v. Delbaugh

JACOBS, President Judge:

This is an appeal from an order of the Court of Common Pleas of Berks County denying a petition for an increase in support payments. The sole issue before us is whether the trial court abused its discretion in denying the petition. We hold that the court did abuse its discretion and we reverse and remand this case for proceedings consistent with this opinion.

Dorothy I. Delbaugh and Jack C. Delbaugh have been separated for a number of years, but no decree of divorce or annulment has been granted to either. There is no question as to appellee’s liability to support Mrs.…