COM. ex rel. MALIZIA v. MALIZIA


229 Pa.Super. 108 (1974)

Commonwealth ex rel. Malizia, Appellant, v. Malizia.

Superior Court of Pennsylvania.

June 21, 1974.


Attorney(s) appearing for the Case

Harold B. Fink, and Fink and Young, for appellant.

Joseph J. Malizia, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY HOFFMAN, J., June 21, 1974:

Appellant contends that the lower court failed to properly consider her husband's earning capacity in setting a support order.

Husband and wife have been separated since June 11, 1972. As a result of injuries sustained in an industrial explosion and numerous disabling medical afflictions, the husband-appellee has been prevented from working at his full capacity as a cement and carpentry worker, at which vocation he earns...

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