Swank v. Swank

Citations

• 75 Pa. Super. 112
• 1920 Pa. Super. LEXIS 233

Syllabus

<p>Divorce — Gruel and barbarous treatment — Petition for alimony and counsel fees pendente Hie — Allowance.</p> <p>The amount to be allowed on a petition for alimony and counsel fees pendente lite is within the discretion of the court.</p> <p>Where the husband is suing and the wife is without means to defend the action, it would be denying her justice to refuse her the means of paying for process and professional aid, and reasonable maintenance during the course of the proceeding. It is entirely proper for a court to make an order that the maintenance money shall be paid during the pendency of the proceeding, “or until the further order of the court.” This cannot be construed to mean that the payment is to continue after the proceeding has come to an end. It only means that, in case the respondent should unreasonably delay the proceeding, the court may discontinue the allowance.</p> <p>In an action for divorce it is not error for the court, in awarding alimony pendente lite, to disregard an agreement between the parties for the support of the respondent and her child, where it appeared that the agreement was only a temporary arrangement, and that the circumstances in which it was to be effective had ceased.</p>