Commonwealth ex rel. Horwitz v. Horwitz

Citations

• 78 Pa. Super. 383
• 1922 Pa. Super. LEXIS 122

Syllabus

<p>Parent and child — Maintenance—Grandparents—Grandchildren —Order of support — Amount—Limitation—Acts of July IS, 18S6, and June 15,1911.</p> <p>Under the Act of June 13, 1836, P. L. 547, the amount which a grandparent could be required to pay for the maintenance and support of a grandchild was limited to the sum of $20 per month, because the act gave the courts no authority to enforce payment beyond that sum.</p> <p>The Act of June 15,1911, P. L. 973, amending the Act of 1836, provides a new method of enforcing orders of maintenance and support, by attachment, and by imprisonment for contempt. The new method of enforcement is exclusive of -the old remedy by fine. The effect of the amendment is, therefore, to remove the former limitation upon the amount, for which the court can compel payment.</p> <p>Since the Act of 1911, the court has authority to direct a grandfather, who has sufficient ability, to pay the sum of $90 per month for the support of a delicate grandchild, suffering with ataxia, where payment of that sum for a year will probably restore the child to health.</p>