case remanded for a “determination regarding [student’s] receipt of educational loans and other financial assistance”
How later courts described this case
- case remanded for a “determination regarding [student’s] receipt of educational loans and other financial assistance”
- trial court improperly included personal living expenses in Act 62 support order
Written by the judges who cited it.
The opinion
WIEAND, Judge,
dissenting:
I respectfully dissent. It is clear to me that the estrangement between father and daughter was the result of the daughter’s conduct, which has continued until the present time. In this day and age when charges of harassment are not uncommon, it is difficult to fault this father for failing to be more assertive in attempting to reverse his daughter’s adamant decree that she never wanted to see him again and that he should stay away. This is particularly so where appellant’s attempts to contact his daughter by telephone, to send her gifts, to extend invitations for travel and to social events were all summarily rejected by the daughter. Indeed, even after making the present claim for educational assistance, the daughter has made no attempt to contact her father and has refused to speak with him.
Under these circumstances, I would hold that it was an abuse of discretion for the trial court to require appellant to contribute to the cost of his daughter’s college education. See: Milne v. Milne, 383 Pa.Super. 177 , 556 A.2d 854 (1989) and 23 Pa.C.S. § 4327(e)(5). I would reverse the order of the trial court. Appellant has fulfilled his parental obligation to this willfully estranged daughter.