Opinion
December 14, 1964.
January 15, 1965.
Parent and Child — Support of children — Duty of father to provide college education for child — Circumstances.
In a support proceeding, in which it appeared that defendant father and his divorced wife had three children, a daughter nineteen years of age, and two younger children; that defendant had a gross income of approximately $100 per week, and owned certain capital assets, including a farm, shares of stock in a company which employed him, and a life insurance policy; that relatrix, the mother, worked and earned in excess of $4,000 per year, and, in addition had an income from a trust fund of $133.33 per month; that defendant had offered to send the daughter to college within the State in an area not distant from where the respective parties resided; that the daughter desired to continue her education at a college out of the State; and that the court below, finding that it would not be feasible or wise for defendant to deplete his capital assets by sale or encumbrance, that to maintain the farm and buildings, properly care for and support the two younger children, and support himself on his income would require extremely careful handling of funds, and that to divert any part of this income for the support of the daughter in college would constitute undue hardship, dismissed the application of relatrix to require defendant to pay support for his daughter; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 639, Oct. T., 1964, from order of Court of Quarter Sessions of Bucks County, Sept. T., 1959, No. 6, Miscellaneous Docket, in case of Commonwealth ex rel. Frances S. Rothrock v. John H. Rothrock. Order affirmed.
Same case in court below: 34 Pa. D. C. 2d 621.
Support proceeding. Before DAVIS, P.J., specially presiding.
Order entered dismissing application for support of daughter in college. Relatrix appealed.
Ward F. Clark, with him Lindsay Clark, for appellant.
John A. Eichman, 3rd, with him Clark, Spahr, Eichman Yardley, for appellee.
Argued December 14, 1964.
The order of the Court of Quarter Sessions of Bucks County is affirmed on the opinion of President Judge FRED W. DAVIS, specially presiding, for the court below, reported at 34 Pa. D. C.2d 621.