Appeal from order of Court of Common Pleas of Delaware County, May T., 1970, No. F-16-135, in case of Commonwealth ex rel. Jean S. Grossi v. Angelo Grossi.
Charles F. Mayer, for appellant.
Jean S. Grossi, relatrix, in propria persona, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J.
[ 218 Pa. Super. Page 65]
This is an appeal from the order of the Court of Common Pleas of Delaware County, Criminal Division, directing the payment of Thirty ($30.00) Dollars weekly for the college expenses of a twenty-year-old son.
On September 4, 1963, the appellant, Angelo Grossi, and his wife Jean S. Grossi, entered into a property settlement. They are separated but not divorced. Each party was represented by counsel. Page 4 of the agreement reads as follows: "Husband shall pay to Wife for the support and maintenance of herself and Stephen the sum of Fifty ($50.00) Dollars per week minimum, payable in advance at such place as Wife may direct. Payment for support of Stephen shall continue until he dies, attains the age of eighteen years, marries, graduates from high school, or becomes self-supporting, whichever event shall occur first. Upon the occurrence of one of the above named events, the obligation of Husband to support said child shall cease and determine and the amount he shall be obligated to pay for Wife's support shall be twenty-five ($25.00) Dollars." The wife filed a petition for the support of the twenty-year-old son now attending the Community College of Philadelphia. The court below entered an order of Thirty ($30.00) Dollars per week for the son. This appeal followed.
In the absence of an agreement to educate, the father has no duty to aid in providing a college education for a child, no matter how deserving, willing, or able a child may be, unless the father has sufficient estate, earning capacity, or income to enable him to do so without undue hardship to himself. Commonwealth ex rel. Rice v. Rice, 206 Pa. Superior Ct. 393, 213 A.2d 179 (1965).
In Commonwealth ex rel. Smith v. Smith, 217 Pa. Superior Ct. 1, 268 A.2d 161 (1970), this Court found
[ 218 Pa. Super. Page 66]
that the father expressly agreed to send the daughter to college. There was a definite agreement to support and we found that although it was a sacrifice, there was no undue hardship.
In the instant case, the father never at anytime indicated that he would contribute to the son's education. In fact, the property settlement agreement clearly stated that the obligation for the support of the son lasted "until he dies, attains the age of eighteen years, marries, graduates from high school, or becomes selfsupporting, whichever event ...