Milne v. Milne

556 A.2d 854, 383 Pa. Super. 177, 1989 Pa. Super. LEXIS 687
CourtSupreme Court of Pennsylvania
DecidedMarch 22, 1989
Docket02573
StatusPublished
Cited by80 cases

This text of 556 A.2d 854 (Milne v. Milne) 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
Milne v. Milne, 556 A.2d 854, 383 Pa. Super. 177, 1989 Pa. Super. LEXIS 687 (Pa. 1989).

Opinions

OPINION BY CIRILLO, President Judge:

Karen Milne appeals from a support order entered by the Court of Common Pleas of Montgomery County requiring her to contribute the sum of $3,250 per year toward the college expenses of her estranged son, Caleb Milne. We affirm in part and vacate in part.

Karen Milne separated from her husband, appellee David Milne, IV, in December, 1984 after a twenty-two year marriage.1 During their marriage, the couple had two children. At the time of the separation, the younger child, Caleb Milne, was a senior in high school. At first, Caleb continued to reside in the marital home with his mother. However, Caleb became estranged from his mother and, in March of 1985, he voluntarily moved in with his father. Karen Milne testified that prior to Caleb’s departure, he engaged in several arguments with her which erupted into physical attacks on her. On one occasion, Caleb spit in his mother’s face. More than once, he pushed her so that she fell down and at least twice, he struck her.

After Caleb left his mother’s house, he ceased all communication with her. In the fall of 1985, he entered the University of Richmond in Virginia. He completed his freshmen year there, attaining a 3.0 grade point average. All of Caleb’s expenses during his freshmen year were paid for by his father, whom Caleb lived with during the time he was not in residence at the university.

In February of his freshmen year, David Milne, IV, filed a petition for special relief on behalf of his son. This petition requested the court to issue an order permitting Caleb access to his mother’s house to obtain his personal belongings. In support of the petition, Caleb appeared in court to testify against his mother.

[180]*180During the summer following Caleb’s freshmen year m college, Caleb was admitted to Occidental College in California for the completion of his undergraduate studies. When this college admitted him, he filed a complaint in child support against his mother and father to secure financial assistance in meeting his anticipated college expenses at Occidental College. He specifically alleged that his mother had neglected her duty to sufficiently support him.

An expedited hearing on the support complaint was held on September 4, 1986, at which the Honorable William T. Nicholas heard testimony of Caleb and his parents. Shortly thereafter, Judge Nicholas entered an order directing David Milne, IV to pay his son’s entire tuition, room, board, and transportation to and from California. In the order, the court also concluded that Karen Milne’s estrangement from her son was insufficient to excuse her duty to contribute to her son’s college education and directed her to reimburse David Milne, IV the sum of $3,250 toward Caleb’s college education expenses. Following entry of the court’s order, Karen Milne filed an appeal to this court.

While Ms. Milne’s appeal was originally decided by a panel of this court, we granted her petition for reargument because of the importance of the following issue of first impression: does an adult child’s willful estrangement from his or her parent excuse that parent’s duty to contribute to the child’s college education.2 We conclude that estrange[181]*181ment should be a consideration in determining whether to award educational support for an adult child.3 In this case, we find that Caleb’s total abandonment of his mother relieves her of the duty to contribute to Caleb’s college expenses. Consequently, we vacate the portion of the trial court’s order requiring Karen Milne to contribute to the college expenses of her son, Caleb.

Pennsylvania is counted among the “enlightened” jurisdictions that permit divorce without fault. Pennsylvania can also be considered enlightened in concerning itself with the futures of the children of those divorces. It is one of at least nineteen jurisdictions that, under some circumstances, require those divorced parents to contribute to the college educations of their offspring beyond the age of eighteen. Moore, Parents’ Support Obligations To Their Adult Children, 19 Akron L.Rev. 183, 184 (1985) (hereinafter Moore); Horan, Postminority Support for College Education — A Legally Enforceable Obligation in Divorce Proceedings? 20 Fam.L.Q. 589, 596 (1987) (hereinafter Horan). This is a departure from the historical application of the common law and interpretation of support statutes.

At common law the duty to support a child and provide him or her with the necessities of life carried with it the [182]*182right of association and was reciprocal in that parents had a right to the child’s services. Note, Support Obligations of the Non-Custodial Parent for Private Secondary and College Education: Toward a Uniform and Equitable Resolution, 16 Suffolk U.L.Rev. 755 (1982) (hereinafter Parental Support Obligations), n. 5 and cases cited therein; Post Majority Support: Oh, Dad, Poor Dad, 44 Temple L.Q. 319, 325 (1971) (hereinafter Post Majority Support). Today, this duty is absolute with regard to a minor child and does not depend on access of the parent to the child. Melzer v. Witsberger, 505 Pa. 462, 472, 480 A.2d 991, 996 (1984). It is the extension of this common law duty of support on which the courts of this Commonwealth most often ground their jurisdiction to award post-minority support. Our support statutes do not restrict the term “child” to minors, thereby leaving the way clear to award support to protect the welfare of children beyond the age of majority.4 Horan, supra at 596.

The most common reason for seeking support beyond the age of eighteen is postsecondary education. As we said in Verna v. Verna, 288 Pa.Super. 511, 432 A.2d 630 (1981):

[T]he presumption is when a child reaches majority the duty of a parent to support that child ends____ The duty to support the adult child continues where the child is physically or mentally feeble or otherwise unemployable. The adult child, however, has the burden of proving the conditions that make it impossible for her or him to be employed.

Id., 288 Pa.Superior Ct. at 515, 432 A.2d 632 (citations omitted). Until the lowering of the age of majority to eighteen, the issue of requiring divorced parents to support [183]*183children who were attending college did not arise as frequently. Horan, supra at 599; Parental Support Obligations, supra at 763. Initially, parents would not be compelled to provide such support unless they had agreed to do so. Commonwealth ex rel. Ulmer v. Sommerville, 200 Pa.Super. 640, 643, 190 A.2d 182, 183 (1963).5 Our courts now go beyond any agreement of the parties to impose an obligation to lend assistance for college whether or not any promise was ever even implied. Id., 200 Pa.Superior Ct. at 643, 190 A.2d at 184. Increasingly, a college education is being viewed as a necessity. Parental Support Obligations, supra, at 756 n. 7; Post Majority Support, supra at 336; see also Commonwealth ex rel. Stump v. Church, 333 Pa.Super. 166, 481 A.2d 1358 (1984).

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Bluebook (online)
556 A.2d 854, 383 Pa. Super. 177, 1989 Pa. Super. LEXIS 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milne-v-milne-pa-1989.