Commonwealth Ex Rel. Giamber v. Giamber , 255 Pa. Super. 111 ( 1978 )

SPAETH, Judge,

concurring and dissenting:

I join in the majority’s opinion except as to the wife’s appeal. I think the evidence insufficient to show that she has forfeited her right to support. I should therefore sustain her appeal, and remand for a support hearing, with, however, a qualifying instruction. The husband contends that the wife improperly diverted a considerable amount of his money to her own use. I should instruct the hearing judge that if he found that this did occur, he could in his discretion charge such amount against the support due the wife.