Friday, July 30, 2010

SUSAN SMEDLEY v. LYNN M. LOWMAN

SUSAN SMEDLEY v. LYNN M. LOWMAN
No. 1620 MDA 2009 2010 PA Super 136 Atlantic: n/a Filed: 7/30/2010

Appeal from the Order entered August 18, 2009
In the Court of Common Pleas of Franklin County
Domestic Relations No. 2005-00566
Before: STEVENS, DONOHUE and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Lynn M. Lowman, appeals from the order entered August 18, 2009 in the Court of Common Pleas of Franklin County denying his request for relief. We hold that the trial court did not abuse its discretion by assigning Appellant an earning capacity greater than his pension for child support purposes, where he voluntarily retired two years after accumulating his fully vested pension benefits in good health at age fifty-two. We affirm.
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