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NOVINGER v. SMITH

880 A.2d 1255 (2005)

Elisha L. NOVINGER, Appellee, v. William A. SMITH, Appellant.

Superior Court of Pennsylvania.

Filed August 2, 2005.

Attorney(s) appearing for the Case

Brian W. Ulmer, Lewisburg, for appellant.

Brian L. Kerstetter, Lewisburg, for appellee.

Before: FORD ELLIOTT, KLEIN, and KELLY, JJ.

OPINION BY KLEIN, J.:

¶ 1 William A. Smith (Father) appeals from the order affirming an earlier modified support order directing him to pay child support to Elisha L. Novinger (Mother) and assigning him a $40,000/year earning capacity. We conclude that the trial court abused its discretion in assessing Father an earning capacity $15,000 greater than his actual current income and greater than the income he previously...

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