McCARTY v. SMITH


440 Pa.Super. 280 (1995)

655 A.2d 563

Margaret Smith McCARTY, Appellant, v. Richard A. SMITH.

Superior Court of Pennsylvania.

Filed February 27, 1995.


Attorney(s) appearing for the Case

Charles J. Meyer, Philadelphia, for appellant.

Stephen Minor, Port Allegany, for appellee.

Before POPOVICH, JOHNSON and HESTER, JJ.


HESTER, Judge:

Margaret Smith McCarty appeals from the June 3, 1994 support order entered by the Court of Common Pleas of McKean County. Appellant argues that the trial court erred in considering her new husband's income in ordering her to pay support for periods when her two sons were in the physical custody of her former spouse, Richard Smith, appellee. We are constrained to reverse and remand.

The record reveals the following. The parties were married in...

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