Leonard v. Leonard Ex Rel. Leonard

510 A.2d 827, 353 Pa. Super. 604, 1986 Pa. Super. LEXIS 11091
CourtSupreme Court of Pennsylvania
DecidedJune 20, 1986
Docket02404
StatusPublished
Cited by28 cases

This text of 510 A.2d 827 (Leonard v. Leonard Ex Rel. Leonard) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leonard v. Leonard Ex Rel. Leonard, 510 A.2d 827, 353 Pa. Super. 604, 1986 Pa. Super. LEXIS 11091 (Pa. 1986).

Opinions

OLSZEWSKI, Judge:

Appellant challenges the award entered as the result of the master’s recommendation providing reimbursement for the past college expenses of the parties’ daughter, Lynn, and contribution for further expenses incurred. The issues concern two areas: the settlement agreement signed by Lynn’s parents, and the financial support imposed upon appellant in connection with Lynn’s college education. Because we find no error in the award determination, we affirm the lower court’s order.

Susan and Carl Leonard were married in 1974. Thereafter, Carl adopted Joseph and Lynn, Susan’s two children by a previous marriage. Carl filed for divorce in 1983; soon after, the parties entered into a settlement agreement. In 1984, he left the marital home but continues to pay the [607]*607mortgage and taxes on the property.1 Carl is presently on the furloughed list with the D & H Railroad and collects $125 per week unemployment compensation, but occasionally works on a “called as needed” basis. Susan is employed as a legal secretary with a salary of approximately $14,800 annual gross. Both children reside with Susan.

Lynn Leonard is a 19 year old sophomore at Ursinus College.2 She financed her freshman year through school loans, grants, scholarships and help from her mother. It is undisputed that her father contributed no financial assistance outside of birthday and graduation gifts. It is also undisputed that absent enforcement of the lower court’s support award, appellant would not contribute to Lynn’s sophomore year expenses and these would be satisfied once again through loans, grants, scholarships and help from her mother.

Axiomatic to our discussion is paragraph 7 of the settlement agreement, captioned College Education. Substantively, Carl agreed to pay the undergraduate educational loans for both Joseph and Lynn subject to certain limitations. First, his total share could not exceed $2,500 per year per child. Next, this obligation cannot be for more than four years of education. Third, Carl’s share will be determined in accordance with the child’s grade point average (GPA). The higher the average, the greater the payments assumed by appellant. Analogous to this provision is the restriction that Carl will have no repayment obligation should the G.P.A. fall below 2.0. In this instance, the child will be responsible for the full amount of the loan.

The entire settlement agreement is presently being challenged by Susan in an equity action before the Luzerne County Court of Common Pleas.3 As such, the validity of [608]*608this provision does not concern us. With regard to this contract, it has long been the rule in this jurisdiction that parents cannot bargain away the right of support for their children despite the validity and legality of the contract. Oman v. Oman, 333 Pa.Super. 356, 482 A.2d 606 (1984); Commonwealth ex rel. Snively v. Snively, 206 Pa.Super. 278, 212 A.2d 905 (1965); Commonwealth ex rel. Rossi v. Rossi, 161 Pa.Super. 86, 53 A.2d 887 (1947). Notwithstanding this rule, however, we note with great interest that paragraph 7 of the settlement agreement concerns the prospective payments of loans. We find that the issue sub júdice, current contributions for college expenses, is independent of any future obligation.

The next question for our review is the propriety of the award order. Our Court is required to defer to the court below and will not interfere with its determination absent a clear abuse of discretion. Commonwealth ex rel. Cochran v. Cochran, 339 Pa.Super. 602, 489 A.2d 804 (1985); Commonwealth ex rel. Scanlon v. Scanlon, 311 Pa.Super. 32, 457 A.2d 98 (1983); Commonwealth ex rel. Grossman v. Grossman, 188 Pa.Super. 236, 146 A.2d 315 (1958). We must decide if the order can be supported on any grounds and whether there was sufficient evidence on the record to do so. Commonwealth ex rel. Leider v. Leider, 335 Pa.Super. 249, 484 A.2d 117 (1984). At all times, we must keep in mind that a finding of abuse of discretion is not lightly made. Commonwealth ex rel. Leider v. Leider, supra. On the other hand, the discretion to be exercised has been described as a “wide discretion.” Boni v. Boni, 302 Pa.Super. 102, 448 A.2d 547 (1982).

The obligation of support does not fall on the shoulders of just one parent. See Conway v. Dana, 456 Pa. 536, 318 A.2d 324 (1974). Since the adoption of the Equal Rights Amendment to the Pennsylvania Constitution, support has become a shared responsibility between both mother and father. Conway v. Dana, supra; Commonwealth ex rel. Buonocore v. Buonocore, 235 Pa.Super. 66, 340 A.2d 579 (1975). This does not mean, however, that each parent [609]*609must contribute equal amounts. See Momjian, Family Law and the Pennsylvania Equal Rights Amendment, 25 Vill. L.R. 677 (1979-1980). The monetary support paid by each is to be discharged in accordance with their capacity and ability. Conway v. Dana, supra.

That support obligations include a college education is not new. Commonwealth ex rel. Ulmer v. Sommerville, 200 Pa.Super. 640, 190 A.2d 182 (1963), quoted the Court in Commonwealth v. Gilmore, 97 Pa.Superior Ct. 303 (1929), when stating “(t)he law, apart from statute has come to recognize that paternal duty involves, in addition to provision for mere physical needs, such instruction and education as may be necessary to fit the child reasonably to support itself and to be an element of strength, rather than one of weakness, in the social fabric of the state.” The Ulmer v. Sommerville Court went on to hold that child support could, under certain circumstances,4 be extended to include a college education. See also, Curtis v. Curtis, 326 Pa.Super. 40, 473 A.2d 597 (1984). This Court realizes that Ulmer v. Sommerville qualified its holding in the following manner:

The duty of a parent to provide a college 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. It is a natural law that a parent spare no personal sacrifice to feed and protect his offspring. Therefore, beyond the barest necessities, a father should be required to sacrifice personal comfort in order to provide the necessities of a child too young to support himself. The same exacting requirement should not be demanded of a father to provide a college education for a child able to support himself.

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

Related

Metzer v. Metzer
4 Pa. D. & C.5th 417 (Bucks County Court of Common Pleas, 2008)
Salida v. Salida
753 So. 2d 1095 (Mississippi Supreme Court, 2000)
Saliba v. Saliba
753 So. 2d 1095 (Mississippi Supreme Court, 2000)
United States v. McDade
827 F. Supp. 1153 (E.D. Pennsylvania, 1993)
Blue v. Blue
616 A.2d 628 (Supreme Court of Pennsylvania, 1992)
Hutchison v. Luddy
606 A.2d 905 (Superior Court of Pennsylvania, 1992)
MARINO BY MARINO v. Marino
601 A.2d 1240 (Superior Court of Pennsylvania, 1992)
York County Probation Department v. Creech
12 Pa. D. & C.4th 331 (York County Court of Common Pleas, 1991)
Spitzer v. Tucker
591 A.2d 723 (Superior Court of Pennsylvania, 1991)
Monsky v. Sacks
588 A.2d 19 (Superior Court of Pennsylvania, 1991)
Hill v. Hill
584 A.2d 1040 (Superior Court of Pennsylvania, 1991)
Fager v. Fatta
576 A.2d 1089 (Supreme Court of Pennsylvania, 1990)
Pharoah v. Lapes
571 A.2d 1070 (Supreme Court of Pennsylvania, 1990)
Bedford v. Bedford
563 A.2d 102 (Supreme Court of Pennsylvania, 1989)
Milne v. Milne
556 A.2d 854 (Supreme Court of Pennsylvania, 1989)
Maurer v. Maurer
555 A.2d 1294 (Supreme Court of Pennsylvania, 1989)
Schmucker v. Hanna
547 A.2d 379 (Supreme Court of Pennsylvania, 1988)
Petto v. Petto
539 A.2d 1337 (Superior Court of Pennsylvania, 1988)
Chesonis v. Chesonis
538 A.2d 1376 (Supreme Court of Pennsylvania, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
510 A.2d 827, 353 Pa. Super. 604, 1986 Pa. Super. LEXIS 11091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-leonard-ex-rel-leonard-pa-1986.