Bolton v. Bolton

657 A.2d 1270, 441 Pa. Super. 482, 1995 Pa. Super. LEXIS 989
Superior Court of Pennsylvania·Decided April 25, 1995·Published·Cited by 2 cases

Opinions

OLSZEWSKI, Judge:

William Bolton appeals the order of the Court of Common Pleas of Carbon County dismissing his exceptions and adopting the findings of fact and temporary support order recommended by the hearing officer. We vacate and remand.

[484]*484The parties, appellant William C. Bolton (Father), and appellee Mary C. Bolton (Mother), are the divorced parents of William Bolton, Jr., a recent graduate of Wilkes University. In August 1990, Father was ordered to pay $109 per month to help his adult son through college. The payments stopped in December 1992, when our high court handed down its decision in Blue v. Blue, 532 Pa. 521, 616 A.2d 628 (1992). In 1993, the Legislature effectively reversed Blue with Act 62, creating a statutory duty for divorced parents to help pay for their adult children’s college educations. See 23 Pa.C.S.A. § 4327. On July 22, 1993, Mother petitioned the lower court to reinstate the support payments. By this time William Jr. was 21 years old and about to begin his senior year at Wilkes University.

The Master found Father owed a duty of support in the amount of $127 per month, retroactive to the date of the suspension of the prior order. The Master first determined that William Jr. was a diligent and above-average student,1 had applied for and received all the financial aid reasonably available, and was working over the summers and during the school year to help finance his education. R.R. at 9a. William Jr. thus qualified under Act 62 for a court-ordered educational subsidy from his divorced parents. See 23 Pa.C.S.A. § 4327(a) and (e).

The Master then determined William Jr.’s annual educational expenses, grants, scholarships, and income. The Master could have simply taken William Jr.’s educational expenses, subtracted the financial aid and income, and then split all or part of the difference equitably between the parents. Id. at (e). But he decided to inquire into William Jr.’s personal expenses.

The Master found that William Jr. spent more than $450 per month on his medical insurance and allergy treatment, transportation, “normal living expenses, entertainment and car repairs.” R.R. at 9a. The Master provided no greater detail [485]*485for this finding. He did accept into evidence a handwritten schedule of William Jr.’s annual expenses which included payments/insurance/repairs for his car ($2800), food/toiletries/haircut ($800),2 life insurance ($96), clothing ($900), telephone ($225), entertainment ($750), and cable TV ($127). R.R. at 118a.

The Master thus found that William Jr.’s “expenses for education and personal expenses, exceed his income and financial aid by at least $840.00 per month.” R.R. at 9a. Again, no details were provided — only the final figure. The Master then put this figure aside, determined the comparative incomes of the parents, and went to the child support guidelines. The guideline figure for Father’s income, relative to his ex-wife’s, called for a child support payment of $127 per month, which is what the Master ordered. R.R. at 11a.

Father took exception to the Master’s use of the child support guidelines in this case, but the trial court considered the error harmless, writing:

This Court concurs with the Hearing Officer’s finding that the child’s expenses for education and personal expenses exceed his income and financial aid by at least $840.00 per month. (Finding of Fact # 8). Although the Master erred in using the “support guidelines” to determine the amount of support, this Court finds the error to be harmless, as the “guideline” amount is less than the amount Defendant would have to pay based on his proportion of the uncovered expenses. Based on the record, the Hearing Officer found, and this Court agrees, that the Defendant pay approximately Vi of the child’s monthly needs.

Trial court opinion, 4/14/94 at 4. Thus, even though the amount of the award derived solely from the support guidelines, the trial court affirmed it because it did not exceed Father’s equitable share of William Jr.’s combined educational and personal expenses.

[486]*486Because of its recent passage, we have had little opportunity to interpret Act 62. One aspect of this law should be obvious from its face, though: it only covers educational costs. 23 Pa.C.S.A. § 4327(a) and (b). Educational costs are tuition, fees, books, room, board and other education materials. Id. at (j). Father has no obligation under any statute or at common law to pay for such sundries as his 21-year-old son’s car insurance or cable television.

Father properly excepted to the inclusion of personal expenses in the support award, but the trial court never addressed the issue. R.R. at 12a, 169a; appellant’s brief at 1. The court clearly erred in allowing the award to be based on William Jr.’s personal expenses, and its order must therefore be vacated and remanded for recalculation. See McGettigan v. McGettigan, 433 Pa.Super. 102, 639 A.2d 1231 (1994) (trial court improperly included personal living expenses in Act 62 support order).

The record reveals that the Master approached this action as though it were a regular child support case. He relied largely on the parties’ testimony to determine William Jr.’s expenses, and then arrived at an award amount by simply plugging his parents’ monthly incomes into the support guidelines. The trial court acknowledged that the guidelines should not have been used, but affirmed the award as a reasonably equitable division of William Jr.’s educational and personal expenses. Yet the record only shows a single semester’s tuition bill, and no receipts for other defined educational expenses. Also, by the time the monthly support order was approved by the trial court, William Jr. was well into his senior year. Thus, it would appear that the order was questionable in three respects: it provided scant factual basis for the payment amount, it improperly included William Jr.’s personal expenses, and it required continuing court supervision to enforce and eventually terminate. We therefore offer the following observations to guide the lower court on remand.

Support actions under Act 62 are profoundly different from ordinary child support actions. When determining monthly [487]*487support payments to minor children, we do not even try to calculate the children’s living expenses. We rely instead on the guideline amounts, which have been formulated to reflect what parents of a particular income level would reasonably be expected to spend in support of their minor children. See Ball v. Minnick, 538 Pa. 441, 648 A.2d 1192 (1994).

Act 62, on the other hand, authorizes courts to order parents to contribute to their adult children’s undergraduate educations. Hence, we are not dealing with the broad and hard-to-quantify category of general living expenses, but rather with a narrow and specific set of costs which can be precisely and easily documented. We are also not dealing with children, but with adults. There is no reason why adults who seek parental contributions to their college expenses should not be expected to back up their requests with proper documentation.

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Bolton v. Bolton, 657 A.2d 1270, 441 Pa. Super. 482, 1995 Pa. Super. LEXIS 989 (Pa. Ct. App. 1995).

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