38 A.2d 347 | Pa. Super. Ct. | 1944
Argued April 25, 1944.
The lower court, after hearing on a charge of desertion and non-support (Act of June 24, 1939, P.L. 872, *518
18 PS 4733) ordered the respondent to pay $5 per week for the support of his wife. Respondent was in court on at least six subsequent occasions either on his petitions to vacate the order in whole or in part, or on his wife's rules for attachments to compel compliance with the order. The controversy between this husband and wife has been before every judge of the county court and no one of them has found the original order of $5 per week excessive. The present appeal is from an order refusing to vacate the order and directing respondent to pay $50 to apply on a total of $464 in arrears. Relator was justified in separating herself from the respondent; he is liable for her support even though she is employed (Com. ex rel. Liuzzi v. Liuzzi,
Respondent is a registered pharmacist operating a small drug store owned by his mother. On this ground he secured deferment from military service. He testified that he receives no money wages; that his only remuneration for his services is his "board and keep" and all earnings of the business go to his parents. We have no quarrel with a son who is willing thus to contribute his services toward the support of his parents. But we cannot recognize the performance of what a respondent may regard as his filial duty as an excuse for his failure to support his wife. The court was not bound to accept respondent's testimony that all he earned was "a place to sleep and a place to eat." Com. ex rel.Elgart v. Elgart,
We find no abuse of discretion in the court below.
Order affirmed.