202 Pa. Super. 188 | Pa. Super. Ct. | 1963
Opinion by
This is an appeal by Moses Sosigian from an order of the Court of Quarter Sessions of Westmoreland County which reduced an existing order for the support of appellant’s wife, Nivart Sosigian, to the sum of $50.00 per month, and directed payment of certain arrearages. There are no children involved. The factual and procedural situation may be summarized as follows :
The parties were married on May 17, 1959. Appellant’s parents had brought Nivart to the United States from Turkey for that purpose. They lived together in the parents’ home until August 15, 1960, when Nivart was compelled to leave in haste because of threats upon her life. On September 29, 1961, after hearing, the court below entered an order in the amount of $75.00 per month for Nivart’s support. On February 15, 1962, following the issuance of a bench warrant, appellant was directed to, and did, pay arrearages of $375.00. On August 7, 1962, appellant filed a petition to reduce the support order to $40.00 per month. After a hearing on September 28, 1962, this petition was denied and dismissed.
The instant proceeding had its inception on February 11, 1963, with the filing by appellant of a second petition alleging that “Nivart Sosigian is not entitled to funds for support from him”. Testimony was taken before President Judge O’Connell on March 5, 1963, and the order presently under consideration was entered on June 11, 1963. By its terms the amount of support was reduced from $75.00 to $50.00 per month, and appellant was directed to pay arrearages in the sum of $437.50. This appeal followed.
The facts as found by the hearing judge are set forth in the footnote.
In summary, we are all of the opinion that the hearing judge was warranted in concluding that appellant had sufficient earning capacity to justify the order which was entered. The judgment of the hearing judge in such matters will not be disturbed in the absence of a clear abuse of discretion, Commonwealth ex rel. Iezzi v. Iezzi, 200 Pa. Superior Ct. 584, 190 A. 2d 334, and we find no abuse of discretion in the instant case.
Order affirmed.
“(a) The defendant, two (2) months after the marriage, transferred Nineteen Hundred ($1900) Dollars from his bank ac