Commonwealth ex rel. Burns v. Burns

Opinion by

Cekcone, J.,

This appeal arises from the entry of a support order in the lower court based upon the husband’s pre-retirement income. The appeal contests the amount of the order and the basis upon which it was entered.

The parties were married in 1956, the wife’s third and the husband’s second marriage. They separated in 1968, and in accordance with a written separation agreement the husband paid his wife $160.00 per week, based upon the salary he was then receiving. He made these payments without fail for six consecutive years until he retired on January 31, 1974.

His explanation as to…