Grieve v. Mankey

660 A.2d 1367, 443 Pa. Super. 104, 1995 Pa. Super. LEXIS 1863
CourtSuperior Court of Pennsylvania
DecidedJune 30, 1995
StatusPublished

This text of 660 A.2d 1367 (Grieve v. Mankey) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grieve v. Mankey, 660 A.2d 1367, 443 Pa. Super. 104, 1995 Pa. Super. LEXIS 1863 (Pa. Ct. App. 1995).

Opinion

POPOVICH, Judge:

This is an appeal from the order of the Court of Common Pleas of Allegheny County which dismissed appellant’s exceptions to the educational support order of November 29, 1993. Appellant was ordered to pay $585.00 per month in educational support for his daughter, Molly Mankey, who was a senior at Duquesne University, and $401.00 per month for his son, Andrew Mankey, who was a sophomore at John Carroll University. Herein, appellant alleges the following errors: 1) The lower court erred when computing his children’s “educational costs” as defined by 23 Pa.C.S.A. § 4327(j), by including such items as personal expenses, clothing and travel expenses; 2) The lower court erred by excusing Molly Mankey from attendance at the support hearing, since appellant could not then explore various issues, including inter alia the defense of Molly’s willful estrangement as set forth in Milne v. Milne, 383 Pa.Super. 177, 556 A.2d 854 (1989) (En Banc). Upon review, we find that the lower court incorrectly computed Molly’s and Andrew’s “educational costs”. Further, we find that it was error to conduct the hearing without Molly’s presence. Accordingly, we remand this case for a hearing and recomputation of appellant’s support obligations.

In McGettigan v. McGettigan, 433 Pa.Super. 102, 639 A.2d 1231 (1994), we stated:

In response to the Blue [v. Blue, 532 Pa. 521, 616 A.2d 628 (1992) ] and its invitation, the Pennsylvania legislature enacted 23 Pa.C.S. § 4327 as a part of Act No. 62 of 1993, P.L. 431, effective July 2, 1993 (“the [1368]*1368statute”). Section 4327 provides as follows:
Where applicable under this section, a court may order either or both parents who are separated, divorced, unmarried or otherwise subject to an existing support obligation to provide equitably for educational costs of their child whether an application for this support is made before or after the child has reached 18 years of age. The responsibility to provide for postsecondary educational expenses is a shared responsibility between both parents. The duty of a parent to provide a postsecondary education for a child is not as exacting a requirement as the duty to provide food, clothing and shelter for a child of tender years unable to support himself. The authority shall extend to postsecondary education, including periods of undergraduate or vocational education after the child graduates from high school. A award for postsecondary educational costs may be entered only after the child or student has made reasonable efforts to apply for scholarships, grants and work-study assistance.
In its preamble to Act No. 62, the legislature indicated that it intended, in enacting 23 Pa.C.S. 4327, “to codify the decision of the Superior Court in the case of Ulmer v. Sommerville, 200 Pa.Super. 640, 190 A.2d 182 (1963) and the subsequent line of cases interpreting Ulmer prior to the decision of the Pennsylvania Supreme Court in Blue v. Blue, 532 Pa. 521, 616 A.2d 628 (1992), decided on November 13, 1992.”
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The statute provides that in making an award for the costs of postsecondary education, the court shall first calculate educational costs, which are defined to be “tuition, fees, books, room, board and other educational materials.” 23 Pa.C.S. § 4327(j). The court shall next deduct from the educational costs all grants and scholarships awarded to the student. 23 Pa.C.S. § 4327(d). However, an award for post secondary educational costs may be entered only after the child or student has made reasonable effort to apply for scholarships, grants and work-study assistance. 23 Pa.C.S. § 4327(a).
After calculating educational costs, and deducting grants and scholarships, the court may then order either or both parents to pay all or part of the remaining educational costs of their child. In making such an award, the court is directed by the statute to consider all relevant factors which appear “reasonable, equitable and necessary,” including the following:
1. The financial resources of both parents.
2. The financial resources of the student.
3. The receipt of educational loans and other financial assistance by the student.
4. The ability, willingness and desire of the student to pursue and complete the course of study.
5. Any willful estrangement between parent and student caused by the student after attaining majority.
6. The ability of the student to contribute to the student’s expenses through gainful employment. The student’s history of employment is material under this paragraph.
7. Any other relevant factor.

23 Pa.C.S. § 4327(e).

The statute further provides that support for educational costs shall not be ordered if: (1) undue financial hardship would result to the parent; (2) the educational costs would be a contribution to postcollege graduate educational costs; (3) the order would extend support for the student beyond the student’s twenty-third birthday, absent exceptional circumstances. 23 Pa.C.S. § 4327(f).
Turning now to the issues raised by Father in this appeal, we adopt as our standard of review of orders entered pursuant to the statute, on of an abuse of discretion, taking our lead from the Supreme Court in its Blue decision. Although the Blue case found no common law duty to provide postsecondary educational support, it indicated that the “scope of review in a typical support mat[1369]*1369ter is whether the trial court has abused its discretion” and indicated that
[e]ven though this appeal does not present a typical support matter, we see no reason for adopting a different scope of review. In essence, we are reviewing an order requiring a parent to provide support, albeit not monthly support but rather educational support. Therefore, an abuse of discretion is the appropriate standard of review.
Blue v. Blue, 532 Pa. at 525-526, 616 A.2d at 631 (citations omitted).

McGettigan, 639 A.2d at 1232-1233 (footnotes omitted).

We now address appellant’s contention that the lower court committed reversible error when it included personal expenses, clothing and travel cost in its computation of Andrew and Molly Mankey’s “educational costs”. In computing the educational costs of appellant’s children, the lower court expressly included the students’ personal expenses and clothing and travel costs as a part of their “educational costs”. See, Trial Court Opinion, October 20, 1994. Such action by the lower court is in direct conflict with our decisions in Bolton v. Bolton, — Pa.Super. -, 657 A.2d 1270 (1995) and McGettigan v. McGettigan, 433 Pa.Super.

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Related

Milne v. Milne
556 A.2d 854 (Supreme Court of Pennsylvania, 1989)
Commonwealth Ex Rel. Ulmer v. Sommerville
190 A.2d 182 (Superior Court of Pennsylvania, 1963)
McGettigan v. McGettigan
639 A.2d 1231 (Superior Court of Pennsylvania, 1994)
Blue v. Blue
616 A.2d 628 (Supreme Court of Pennsylvania, 1992)
Bolton v. Bolton
657 A.2d 1270 (Superior Court of Pennsylvania, 1995)
Rudick v. Rudick
657 A.2d 1307 (Superior Court of Pennsylvania, 1995)

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Bluebook (online)
660 A.2d 1367, 443 Pa. Super. 104, 1995 Pa. Super. LEXIS 1863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grieve-v-mankey-pasuperct-1995.