Can I Be Required to Support a Pregnant Child After Age 18 in Pennsylvania?
Full Question:
Answer:
In Pennsylvania, the obligation of support terminates at 18 or completion of high school, whichever is later. Pennsylvania's highest court declared that state's post-majority support law unconstitutional. The justices concluded that the law violated the U. S. Constitution's Equal Protection Clause (Curtis v. Kline, 666 A. 2d 265 (Pa. 1995)).
For further discussion, please see:
http://pafamilylaw.foxrothschild.com/2009/06/
Please see the following PA statutes:
23 Pa.C.S.A. § 4321. Liability for support
Subject to the provisions of this chapter:
(1) Married persons are liable for the support of each other according to
their respective abilities to provide support as provided by law.
(2) Parents are liable for the support of their children who are
unemancipated and 18 years of age or younger.
(3) Parents may be liable for the support of their children who are 18
years of age or older.
23 Pa.C.S.A. § 4327. Postsecondary educational costs
(a) General rule. — 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. This authority shall extend to
postsecondary education, including periods of undergraduate or vocational
education after the child graduates from high school. An 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.
(b) Action to recover educational expenses. — An action to recover
educational costs may be commenced:
(1) by the student if over 18 years of age; or
(2) by either parent on behalf of a child under 18 years of age,
but, if the student is over 18 years of age, the student's written
consent to the action must be secured.
(c) Calculation of educational costs. — In making an award under this
section, the court shall calculate educational costs as defined in this
section.
(d) Grants and scholarships. — The court shall deduct from the
educational costs all grants and scholarships awarded to the student.
(e) Other relevant factors. — After calculating educational costs and
deducting grants and scholarships, the court may order either parent or
both parents to pay all or part of the remaining educational costs of
their child. The court shall 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 factors.
(f) When liability may not be found. — A court shall not order support
for educational costs if any of the following circumstances exist:
(1) Undue financial hardship would result to the parent.
(2) The educational costs would be a contribution for postcollege
graduate educational costs.
(3) The order would extend support for the student beyond the student's
twenty-third birthday. If exceptional circumstances exist, the court may
order educational support for the student beyond the student's
twenty-third birthday.
(g) Parent's obligation. — A parent's obligation to contribute toward
the educational costs of a student shall not include payments to the
other parent for the student's living expenses at home unless the student
resides at home with the other parent and commutes to school.
(h) Termination or modification of orders. — Any party may request
modification or termination of an order entered under this section upon
proof of change in educational status of the student, a material change in
the financial status of any party or other relevant factors.
(i) Applicability. —
(1) This act shall apply to all divorce decrees, support agreements,
support orders, agreed or stipulated court orders, property settlement
agreements, equitable distribution agreements, custody agreements
and/or court orders and agreed to or stipulated court orders in effect
on, executed or entered since, November 12, 1992.
(2) In addition, this act shall apply to all pending actions for
support. This section shall not supersede or modify the express terms
of a voluntary written marital settlement agreement or any court order
entered pursuant thereto.
(j) Definitions. — As used in this section, the following words and
phrases shall have the meanings given to them in this subsection:
"Educational costs." Tuition, fees, books, room, board and other
educational materials.
"Postsecondary education." An educational or vocational program
provided at a college, university or other postsecondary vocational,
secretarial, business or technical school.
23 Pa.C.S.A. § 4323. Support of emancipated child
(a) Emancipated child. — A court shall not order either or both parents
to pay for the support of a child if the child is emancipated.
(b) Marital status of parents immaterial. — In making an order
for the support of a child, no distinction shall be made because
of the marital status of the parents.
