Jasinnas v. Montesano

70 Pa. D. & C.4th 436, 2004 Pa. Dist. & Cnty. Dec. LEXIS 286
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedJuly 28, 2004
Docketno. 97-13124
StatusPublished

This text of 70 Pa. D. & C.4th 436 (Jasinnas v. Montesano) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Delaware County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jasinnas v. Montesano, 70 Pa. D. & C.4th 436, 2004 Pa. Dist. & Cnty. Dec. LEXIS 286 (Pa. Super. Ct. 2004).

Opinion

KENNEY SR., J.,

This matter has come before the court in connection with plaintiff/ mother’s petition for special relief seeking enforcement of a property settlement agreement entered into between the parties which requires each to contribute to the cost of a child’s post-secondary education. Father appeals the order of this court dated April 22, 2004, enforcing the provisions of the agreement and requiring rather to pay a portion of the post-secondary education expenses of Paul Montesano Jr. (Son) in accordance therewith.

FACTUAL BACKGROUND

The parties hereto are the natural parents of a son, Paul Montesano Jr., who, at the time of the hearing of this [438]*438matter, was completing his high school education and preparing to undertake his post-secondary education.

In connection with their divorce, the parties entered into a property settlement agreement which, at paragraph nine thereof, made provision for the payment of their children’s post-secondary educations, as follows:

“(9) Higher education expenses of children

“Husband and wife agree to share financial responsibility in proportion to their respective incomes (both passive and active) for the reasonable cost of education. For purposes of this paragraph, the ‘costs of education’ are defined as application fees or deposits, other required activity and examination fees, tuitions, books, room, board, transportation and any other required charge made by the educational institution. Husband and wife shall, prior to making any decision as to the enrollment of the children in any particular institution, give consideration to:

“(a) the recommendation of relevant educators;

“(b) the wishes and needs of the children;

“(c) the academic program requirement;

“(d) the cost of education involved;

“(e) the ability or desirability of the children to contribute toward said cost; and

“(f) any other relevant factor.

“Husband and wife, in granting final approval as to the cost of education, including the selection of the education institution, shall also take into account the trans[439]*439portation expenses, if any, likely to be incurred and may appropriately consider these expenses as part of the cost of education.

“Husband’s obligation under this paragraph is conditioned upon his being consulted with respect to the choice of educational institution and his approval thereof obtained, however, that his approval shall not be unreasonably withheld and also that said child has not been emancipated.”

The parties, accordingly, clearly contemplated that their children would attend college, and that they would contribute to the cost of their educations. They, further, defined “costs” broadly.

They also required consideration of the desires of the children, availability of programs consistent with the children’s goals, and the possibility of savings to be afforded by attendance at a school not necessitating costs of transportation.

They also provided that neither would withhold his or her approval unreasonably.

At the time of the hearings, Father was earning approximately $80,000 per year. (4/22/04 N.T. at 17.) Moreover, Father acknowledges that this is approximately twice what Mother earns. (4/13/04 N.T. at 29.)

Father claims that Mother and Son failed to consult with him in connection with the selection of a school, and that the cost of the university in which Son has enrolled is unreasonable.

The court found both arguments to be without merit.

[440]*440Son desires to pursue a career in mechanical engineering. (4/22/04 N.T. at 23.) Accordingly, he investigated the program at Drexel University.

Father admits that Son communicated to him his interest in Drexel University in December of 2003. (4/13/ 04 N.T. at 11 and 4/22/04 N.T. at 11.) He admits, also, that he spoke with Son about the application process and financial aid situation on a number of occasions thereafter. (4/22/04 N.T. at 21.) He admits, also, that he never spoke with Mother about the process (4/13/04 N.T. at 14) and that he made absolutely no investigation of the merits of Drexel University or of alternate universities which might have been suitable given Son’s career choice. (4/22/04 N.T. at 14.).He did have a vague understanding that West Chester University and Shippensburg University might be less expensive. He made no investigation, however, with respect to whether either offered a mechanical engineering program. Son testified that they do not. (4/22/04 N.T. at 23.)

Father also undertook no role in consideration of the means by which Son’s education might be financed, choosing, instead, to leave those matters to Mother and Son. He did not testify to even a single occasion on which he attempted to consult with Mother, although he admitted to talking about it periodically with Son.

Mother, for her part, attempted to telephone Father to involve him in the process, and handed him literature related to his son’s tentative enrollment at Drexel on January 7, 2004. (4/13/04 N.T. at 16.) Mother also invited Father to an open house at Drexel. (4/13/04 N.T. at 14.)

[441]*441Son also appeared at the hearing on April 22, 2004, and testified that he spoke with Father as the application and enrollment processes unfolded.

Father, clearly, therefore, chose not to involve himself in the application process or involve himself in any meaningful consultation with Mother or Son. He, instead, has simply responded by saying that he can’t afford to pay for Son’s education at Drexel. (4/13/04 N.T. at 20.)

He does acknowledge a responsibility to contribute, saying:

“I’m not saying I do not want to share responsibility of a college, but I would’ve liked to been consulted about things that were taking place in this college that she says she consulted me on and she has never consulted me on.” (4/13/04 N.T, at 26.)

He also testified that he didn’t object to Son’s attending Drexel. (4/13/04 N.T. at 27.) He simply felt he couldn’t afford 65 percent of the cost.

He proposed, instead, that he would contribute 1/3 of the cost of a less expensive school, on the basis that he, Son, and Mother would contribute equally. (4/13/04 N.T. at 28.) That, he felt, was reasonable even though Son had no income and he makes twice what Mother does.

The court thereupon scheduled a second hearing to hear from Son, and, in the interim period, Mother sent Father a proposal that the matter be resolved by Son’s being responsible for 1/3, that she would be responsible for one-half of the remaining 2/3, and that Father would be responsible for the rest. (4/22/04 N.T. at 4.)

Father made no response.

[442]*442He, instead, reaffirmed his position at the second hearing, saying:

“Let it be known to this courtroom I will not deprive my children of a college education, but I must be consulted with. It must be reasonable, affordable, and not cause undue financial hardship. I cannot afford the cost of this educational institution, therefore my approval is not forthcoming.” (4/22/04 N.T. at 8.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

§ 4327
Pennsylvania § 4327

Cite This Page — Counsel Stack

Bluebook (online)
70 Pa. D. & C.4th 436, 2004 Pa. Dist. & Cnty. Dec. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jasinnas-v-montesano-pactcompldelawa-2004.