Nicholason v. Follweiler

735 A.2d 1275, 1999 Pa. Super. 194, 1999 Pa. Super. LEXIS 2349
CourtSuperior Court of Pennsylvania
DecidedAugust 2, 1999
StatusPublished
Cited by9 cases

This text of 735 A.2d 1275 (Nicholason v. Follweiler) 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
Nicholason v. Follweiler, 735 A.2d 1275, 1999 Pa. Super. 194, 1999 Pa. Super. LEXIS 2349 (Pa. Ct. App. 1999).

Opinion

ORIE MELVIN, Judge:

¶ 1 Appellant, Patricia Nicholason (Mother), challenges the Order of the Northampton County Court of Common Pleas, which determined that Brett, the parties’ minor son, was emancipated and therefore no longer entitled to parental support. We reverse.

¶ 2 The record reflects Mother and Ap-pellee, Dent Follweiler (Father) were married on May 20, 1978 and divorced in 1982. Two children were born during the marriage, namely Dent Follweiler, II on August 15, 1979 and Brett Follweiler on May 2,1981. Father filed a Petition for Special Relief on April 16, 1998 seeking the termination of the support order for his two sons dated March 20, 1997. At the time of this petition Father was obligated to pay $621.00 in support and $124.00 in arrearag-es per month. Father’s petition alleged that his support obligation should have been terminated as of the dates his sons withdrew from high school. On July 16, 1998 following a hearing on the matter a Domestic Relations Conference Officer filed an order dated July 10, 1998, which reads:

AND NOW, to wit on this 10 th day of July, 1998 IT IS HEREBY ORDERED that the support order in this case be Terminated without prejudice, effective February 24, 1998, due to: CHILD BRETT FOLLWEILER BORN 5/2/81 NO LONGER ATTENDING HIGH SCHOOL AND BEING ASSUMED EMANCIPATED. CHILD DENT FOLLWEILER BORN 5/15/79 [sic] IS ASSUMED EMANCIPATED AND REMOVED FROM THE ORDER EFFECTIVE FEBRUARY 2, 1998. ORDER CONTINUED TO RUN AT THE AMOUNT OF $621.00 PER MONTH BASIC SUPPORT FOR CHILD BRETT ONLY FOR THE PERIOD OF FEBRUARY 2,1998, THROUGH FEBRUARY 24, 1998. CASE CLOSED. CREDIT BALANCE OF $1,943.55 TO [MOTHER] REMAINS OF RECORD. WAGE ATTACHMENT IN EFFECT IS VACATED.

¶ 3 Mother filed a timely request for a hearing de novo contesting the termination of support for Brett as he is still a minor in need of support. She did not contest the removal of Dent from the order as she acknowledged he is no longer attending high school and is over 18 years old. The de novo hearing was conducted on August 5, 1998 following which the matter was taken under advisement pending the submission of briefs. The court subsequently entered an Order on October 5, 1998 affirming the Conference Officer’s Order dated July 10, 1998 finding Brett to be emancipated. It is from this Order Mother now appeals.

¶ 4 Mother’s sole question presented is “[w]hether or not the trial court abused its discretion [in] declaring a sixteen year old boy emancipated because he quit school, [where] there is absolutely no evidence ... that the minor is capable of self support, and when the evidence ... clearly showed that the minor is not self supporting.” Mother’s brief at 3.

¶ 5 Our standard and scope of review in child support cases is narrow. Absent a clear abuse of discretion, an appellate court will not disturb a properly entered support order. Middleton v. Robinson, 728 A.2d 368 (Pa.Super.1999). “An *1278 abuse of discretion occurs if insufficient evidence exists to sustain a support award, if the trial court [in reaching a conclusion] overrides or misapplies existing law, or if the judgment exercised ... is manifestly unreasonable.” Thomson v. Rose, 698 A.2d 1321, 1322-23 (Pa.Super.1997) (citing Kelly v. Kelly, 430 Pa.Super. 31, 633 A.2d 218, 219 (1993)).

¶ 6 Mother asserts the trial court erred when it relieved Father of his support obligation by declaring their minor son emancipated. She submits the evidence of emancipation was insufficient as it was merely based upon the fact that he was no longer attending high school and had no physical or mental infirmities that prevented him from working. We agree.

¶ 7 Mother correctly notes that in general the parental duty of support continues “until a child reaches 18 or graduates from high school, whichever event occurs later.” Blue v. Blue, 532 Pa. 521, 529, 616 A.2d 628, 633 (1992); Hanson v. Hanson, 425 Pa.Super. 508, 625 A.2d 1212 (1993); see also, 23 Pa.C.S.A. § 4321(2). However, this obligation may end sooner where a minor has become emancipated. Trosky v. Mann, 398 Pa.Super. 369, 581 A.2d 177 (1990); 23 Pa.C.S.A. § 4323. Emancipation of a child for purposes of the statute governing a parent’s liability for support of a child is a question of fact to be determined by the totality of the circumstances presented in each case. Geiger v. Rouse, 715 A.2d 454, 458 (Pa.Super.1998). “[T]here are varying circumstances which we must consider in determining whether a child is emancipated. These include, but are not limited to, the child’s age, marital status, ability to support himself or herself, and [the] desire to live independently of his or her parents.” Berks County Children and Youth Services v. Rowan, 428 Pa.Super. 448, 631 A.2d 615, 619 (1993).

¶ 8 Instantly, it is apparent the trial court based- its finding of emancipation upon the fact that the child dropped out of high school, demonstrated the physical capacity to be employed, and did not seek his Mother’s approval concerning his whereabouts. These facts without more do not establish emancipation. From our review of the cases dealing with emancipation generally, we perceive the touchstone of emancipation refers to the minor’s establishment as a self-supporting individual independent of parental control. When a minor still has a need for care, custody and maintenance, the minor is not emancipated and the duty of support continues.

¶ 9 In Trosky v. Mann, 398 Pa.Super. 369, 581 A.2d 177 (1990) we were asked to determine whether a 16-year-old boy was emancipated under circumstances which included a pattern of destructive, disobedient and criminal behavior. In this case the boy removed himself to a youth shelter and indicated his desire to sever all. ties with his adoptive parents. The children’s home sued for support on behalf of the boy to recover the cost of his residence and treatment. We determined that despite the child’s and the parents’ shared intent to extinguish filial bonds, the boy was not emancipated because the record was devoid of any evidence that he was self-supported. Similarly, in Maurer v. Maurer, 382 Pa.Super. 468, 555 A.2d 1294 (1989), appeal denied, 522 Pa. 596, 562 A.2d 320 (1989),' we reversed a trial court finding of emancipation in the context of support for college educational expenses, where we held that the critical test is whether the child is dependent on his parents for support or is independent of such needs. Consequently, economic self-sufficiency is a critical factor to be considered in determining a child’s emancipation.

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Bluebook (online)
735 A.2d 1275, 1999 Pa. Super. 194, 1999 Pa. Super. LEXIS 2349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholason-v-follweiler-pasuperct-1999.