PRINTER'S NO. 122
No. 113 Session of 1993
INTRODUCED BY RYAN, KUKOVICH, L. I. COHEN, BARLEY AND PERZEL,
JANUARY 27, 1993
REFERRED TO COMMITTEE ON RULES, JANUARY 27, 1993
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for the cost of
3 postsecondary educational expenses.
4 It is the intent of 23 Pa.C.S. § 4321.1 to codify the
5 decision of the Superior Court in the case of Ulmer v.
6 Sommerville, 200 Pa. Super. 640, 190 A.2d 182 (1963) and the
7 subsequent line of cases interpreting Ulmer v. Sommerville prior
8 to the decision of the Supreme Court in the case of Blue v. Blue
9 (203 E.D. Appeal Dkt. 1990), decided November 13, 1992.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Title 23 of the Pennsylvania Consolidated
13 Statutes is amended by adding a section to read:
14 § 4321.1. Postsecondary educational expenses.
15 (a) When liability may be found.--Parents may be liable for
16 an unemancipated child's reasonable and necessary postsecondary
17 educational expenses. In determining whether a parent may be so
18 liable, the court shall consider all of the following:
1 (1) Whether the child is able and willing to
2 successfully pursue his course of studies.
3 (2) The adequacy of the income and separate estate of
4 the child.
5 (3) The ability of the child to receive scholarships,
6 grants and loans.
7 (4) Whether the parent has sufficient estate, earning
8 capacity or income to provide for the education.
9 (5) Any willful estrangement between parent and child
10 caused by the child.
11 (6) Any other relevant factors.
12 (b) When liability may not be found.--A court shall not
13 order support for educational expenses if any of the following
14 circumstances exist:
15 (1) Undue financial hardship would result to the parent.
16 (2) The educational support would be a contribution for
17 postcollege graduate school expenses.
18 (3) The order would extend support for the child beyond
19 the child's twenty-third birthday.
20 (c) Exceptional circumstances.--If exceptional circumstances
21 exist, the court may order educational support for the child
22 beyond the child's twenty-third birthday.
23 Section 2. The addition of 23 Pa.C.S. § 4321.1 shall be
24 retroactive to November 13, 1992.
25 Section 3. This act shall take effect immediately.
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