Bernstein v. Bernstein
Bernstein v. Bernstein
Opinion of the Court
The appellant, Nancy Bernstein, initiated an action against her ex-husband, Sanford Bernstein, the appellee
On December 5, 1978, the appellee was arrested and charged with the crime of solicitation to commit murder of the appellant (his wife). On September 24, 1979, he was convicted of said crime. Meanwhile, on July 19, 1979, the appellant instituted the instant support case. Hearings were held on several occasions (in February, March, and July) of 1980. On October 23, 1980, the court denied support to the appellant and the three children.
The evidence adduced at the support hearings revealed that appellee had earned between $180,000 and $200,000 as an investment tax advisor in the years prior to his arrest but that he had paid no federal income tax on those earnings. The court found that: after his arrest and conviction, appellee’s income was limited to Social Security Disability benefits in the amount of $468.00 per month; that he owned no motor vehicle; that his estate had been diminished by substantial legal fees; and that his real estate was encumbered by an $80,000 mortgage and subject to foreclosure proceedings; that his only other asset was property held jointly with the appellant. However, the appellant argues that because appellee’s expenses are now being underwritten by the Commonwealth that his financial needs are not great and that she is unemployed and in great need of additional funds to support the children.
The problem we have in deciding this case is that the record does not present a clear picture of appellee’s assets.
A parent has the duty to support his children and his capacity to do so is determined by the extent of his property, his income, his earning ability, and the station in life of the parties. Conway v. Dana, 456 Pa. 536, 318 A.2d 324 (1974). Because the value and worth of appellee’s assets is essential to a determination of this case, we will reverse the case and remand it to the court below for a hearing regarding the nature, value and income generating ability of his assets.
Order reversed and the case remanded to the court below for a hearing to determine the exact nature, value and income generating ability of the assets of Sanford Bernstein. Jurisdiction is retained.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.