Judgment creditor appealed from order of the Court of Common Pleas, Allegheny County, Civil Division, No. GD 87-18316, Strassburger, J., declaring that creditor had no lien on property held by debtor's wife. The Superior Court, No. 1198 Pittsburgh 1988, Cercone, J., held that: (1) agreement between husband and wife entered into prior to their divorce, under which wife was to receive sole ownership of marital residence in lieu of any other claim she might have in her husband's other interests, was a proper disposition of entireties property and did not defraud or violate constitutional rights of husband's creditors, and (2) entireties property that was under jurisdiction of trial court pursuant to divorce proceeding was held in custodia legis after divorce decree was entered and was not subject to attachment by judicial liens.

Affirmed.

Johnson, J., filed dissenting opinion.

[388 Pa.Super. 205] Jesse L. Katz, Pittsburgh, for appellant.

William J. Helzlsouer, Dravosburg, for appellee.

Condemnees petitioned for authorization of payment of just compensation funds deposited with court and for modification of prior order authorizing such deposit to include delay damages and limited reimbursement of appraisal costs and attorney's fees. The Common Pleas Court, Allegheny County, S. Louis Farino, J., denied the petition to modify, and condemnees appealed. The Commonwealth Court, No. 3130 C.D. 1984, Barbieri, Senior Judge, held that: (1) condemnees were entitled as a matter of right to delay damages from date of relinquishment of possession to date just compensation was deposited in court, and (2) condemnees waived any claim for reimbursement of appraisal costs and attorney's fees.

Reversed and remanded.

[96 Pa.Cmwlth. 61] W. J. Helzlsouer, Pittsburgh, for appellants.

Bernard S. Rubb, Pittsburgh, for appellee.

Child Support

1. Father was awarded primary custody of the parties' children and subsequently petitioned to terminate his previously existing child support order.
2. The court determined that it was not appropriate to terminate child support based solely on the custody arrangement and awarded the mother child support pursuant to the statewide support guidelines reduced to mother's percentage of partial custody time. An equal shared custody arrangement was not required.
3. The best interests of the children were served by such an award of child support because of the disparities in the parties' income and mother's fixed expenses incident to her partial custody time.
4. The father had not requested child support from the mother and, therefore, the mother's child support obligation to the father was not considered.