PRIOR PRINTER'S NOS. 122, 140 PRINTER'S NO. 248
No. 113 Session of 1993
INTRODUCED BY RYAN, KUKOVICH, L. I. COHEN, BARLEY, BLAUM, BROWN,
BUTKOVITZ, BOYES, CESSAR, CIVERA, CLARK, COLAFELLA, COLAIZZO,
CORNELL, COWELL, FARGO, FARMER, FICHTER, FLICK, GLADECK,
GODSHALL, HECKLER, HESS, ITKIN, KENNEY, LaGROTTA, LAWLESS,
MICOZZIE, PERZEL, PETTIT, ROBINSON, RUBLEY, STRITTMATTER,
E. Z. TAYLOR, TIGUE, ULIANA, VAN HORNE, YEWCIC, MERRY, PESCI,
GIGLIOTTI, GEIST, DeLUCA, D. R. WRIGHT, KASUNIC, STABACK,
MASLAND, PETRONE, MUNDY, VEON, LYNCH, CAPPABIANCA and
HENNESSEY, JANUARY 27, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 8, 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.
1 (a) When liability may be found.--Parents DIVORCED OR <--
2 SEPARATED PARENTS may be liable for an unemancipated child's
3 reasonable and necessary postsecondary educational expenses. THE <--
4 RESPONSIBILITY TO PROVIDE FOR POSTSECONDARY EDUCATIONAL EXPENSES
5 IS A SHARED RESPONSIBILITY BETWEEN BOTH PARENTS. THE DUTY OF A
6 PARENT TO PROVIDE A POSTSECONDARY EDUCATION FOR A CHILD IS NOT
7 AS EXACTING A REQUIREMENT AS THE DUTY TO PROVIDE FOOD, CLOTHING
8 AND SHELTER FOR A CHILD OF TENDER YEARS UNABLE TO SUPPORT
9 HIMSELF. In determining whether a parent may be so liable, the
10 court shall consider all of the following:
11 (1) Whether the child is able and willing to
12 successfully pursue his course of studies.
13 (2) The adequacy of the income and separate estate of
14 the child.
15 (3) The ability of the child to receive scholarships,
16 grants and loans.
17 (4) Whether the parent has sufficient estate, earning
18 capacity or income to provide for the education.
19 (5) Any willful estrangement between parent and child
20 caused by the child.
21 (6) Any other relevant factors.
22 (b) When liability may not be found.--A court shall not
23 order support for educational expenses if any of the following
24 circumstances exist:
25 (1) Undue financial hardship would result to the parent.
26 (2) The educational support would be a contribution for
27 postcollege graduate school expenses.
28 (3) The order would extend support for the child beyond
29 the child's twenty-third birthday.
30 (c) Exceptional circumstances.--If exceptional circumstances
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1 exist, the court may order educational support for the child
2 beyond the child's twenty-third birthday.
3 (D) PARENT'S OBLIGATION.--A PARENT'S OBLIGATION TO <--
4 CONTRIBUTE TOWARDS THE POSTSECONDARY EDUCATIONAL EXPENSES OF A
5 CHILD SHALL NOT INCLUDE PAYMENTS TO THE OTHER PARENT FOR THE
6 CHILD'S LIVING EXPENSES AT HOME UNLESS THE CHILD RESIDES AT HOME
7 WITH SUCH PARENT AND COMMUTES TO SCHOOL.
8 (E) ACTION TO RECOVER EXPENSES.--AN ACTION TO RECOVER
9 POSTSECONDARY EDUCATIONAL EXPENSES MAY BE COMMENCED:
10 (1) BY THE CHILD IF OVER 18 YEARS OF AGE; OR
11 (2) BY EITHER PARENT ON BEHALF OF THE CHILD BUT IF THE
12 CHILD IS OVER 18 YEARS OF AGE, THE CHILD'S WRITTEN CONSENT TO
13 THE ACTION MUST BE SECURED.
14 Section 2. The addition of 23 Pa.C.S. § 4321.1 shall be
15 retroactive to November 13, 1992.
16 Section 3. This act shall take effect immediately.
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