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COMMONWEALTH EX REL. STOMEL v. STOMEL (01/17/56)

January 17, 1956

COMMONWEALTH EX REL. STOMEL
v.
STOMEL, APPELLANT.



Appeal, No. 34, Oct. T., 1956, from judgment of Municipal Court of Philadelphia County, August T., 1955, No. 3174, in case of Commonwealth of Pennsylvania ex rel. Eva Stomel v. Nathan Stomel. Judgment modified.

COUNSEL

Frank Carano, for appellant.

Harry P. Voldow, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Ervin

[ 180 Pa. Super. Page 574]

OPINION BY ERVIN, J.

This is an appeal by the defendant father from an order of the lower court directing him to pay $50.00 a week for the support of his wife and two sons and in addition directing him to pay the college tuition fees of the two sons (which approximate $23.00 a week), making a total order of $73.00 a week.

On appeal we will not interfere with the determination of the court below in the absence of a clear abuse of discretion. Com. ex rel. Sosiak v. Sosiak, 177 Pa. Superior Ct. 116, 118, 111 A.2d 157. We are obliged to correct mistakes of law.

The parties were married September 11, 1927 and separated in November, 1949. One son, frank, was born September 19, 1936 and was 19 years old at the time of the hearing. He had graduated from high school and had completed one semester at Temple University. The other son, Theodore, was born May 18,

[ 180 Pa. Super. Page 5751938]

and was 17 years old at the time of the hearing. He had graduated from high school and was enrolled at Temple University but the first term had not yet commenced.

In open court the father agreed to support the one son, Theodore, and the wife and further agreed that the court should fix the amount.

The father now objects to the order for the reason that it not only included the payment of a sum for weekly support of this son but in addition thereto directed him to pay for his college tuition (as to this son approximating $11.50 a week). We see no error in this as the father at the time he made the agreement in open court to support this son knew that he had graduated from high school and that he was enrolled at Temple University. We believe that it was within the contemplation of the parties that the father should pay for this son's tuition at college. Wiegand v. Wiegand, 349 Pa. 517, 37 A.2d 492, is a case where a father was bound by his promise to pay "for a four-year college course for any and all of the said children, even though the same may not be completed ...


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