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COMMONWEALTH EX REL. FLICK v. FLICK (09/11/69)

decided: September 11, 1969.

COMMONWEALTH EX REL. FLICK, APPELLANT,
v.
FLICK



Appeal from order of Court of Quarter Sessions of Delaware County, June T., 1964, No. F-9-234, in case of Commonwealth ex rel. Jean L. Flick v. John A. Flick.

COUNSEL

William F. Sullivan, Jr., with him Obermayer, Rebmann, Maxwell & Hippel, for appellant.

Donald S. Guthrie, with him Jones, Purdy & Guthrie, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Hoffman, J. Wright, P. J., and Watkins, J., would affirm on the opinion of Judge Catania.

Author: Hoffman

[ 215 Pa. Super. Page 36]

This case involves the duty of a father to finance his son's college education.

The parties are divorced parents of five children who range in age from eleven to eighteen years. An initial support order of $550 for the children was entered in 1964 after a partial hearing, upon agreement of the parties. In 1965 the order was raised to $600.00 per month on petition of the wife.

In 1968, the lower court, on petition of the father, vacated the support order as to the eighteen year old son and reduced the order from $600.00 per month for

[ 215 Pa. Super. Page 37]

    five children to $400.00 per month for the remaining four.

We do not here consider the decision of the court in reducing the support. Its finding that there was a change in circumstances is supportable by testimony from the record.

The lower court erred, however, in failing to continue the order providing for the son's college education.

The applicable standard to be applied in these cases was set forth in Commonwealth ex rel. Rice v. Rice, 206 Pa. Superior Ct. 393, 213 A.2d 179 (1965). "In the absence of an agreement to educate, a father has no duty to aid in providing a college education for his child no matter how deserving, willing and able that child may be unless he has ...


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