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HomeMy WebLinkAbout91-670 civilHARRY R. WISLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW NO. 670 CIVIL 1991 MARY ANN RITCHIE, : Defendant IN RE: PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT  ORDER OF COURT AND NOW, j~~'~, , 1998, after hearing and consideration of the testimony by way of the stipulation as to the incomes of the mother and father, expenses of the mother and father, and the expenses of the child, we direct the father to pay certain college expenses of the daughter, Erica L. Wisler, DOB August 2, 1977. We direct that the father pay these payments directly to Susquehanna University upon submission of proper bills. For the child's school year of 1998-99 and summer Spain trip, we direct that he pay the sum of $8,000.00 toward these expenses. By the Court, P. Richard Wagner, Esquire /~ ~~'J' 2233 North Front Street Harrisburg, PA 17110 For the Plaintiff Samuel L. Andes, Esquire 525 North 12"' Street Lemoyne, PA 17043 For the Defendant HARRY R. WlSLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 670 CIVIL 1991 MARY ANN RITCHIE, : Defendant IN RE: PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT BEFORE HOFFER, P.J. OPINION In this opinion we address Plaintiff's petition to enforce a Property Settlement Agreement between him and the Defendant, entered into at the time of their divorce in October of 1991. Presently, Plaintiff and Defendant cannot agree on the amount of support that he is to pay Susquehanna University for his daughter's college expenses for the 1998-99 school year. Erica Wisler, daughter of Plaintiff and Defendant, is a full time student at Susquehanna University, entering her senior year. Erica is pursuing a double major in Spanish and in Finance. Due to the difficulties of scheduling the courses for her double major in the regular school year, Edca is required to participate in a study abroad program during the summer of 1998, in order to finish her Spanish major. The Spanish Program has direct costs calculated at $4,274. Tuition for the regular school year 1998-99 at Susquehanna University is $24,420, an increase of $820 from the previous year. 67O CIVIL 1991 PROCEDURAL HISTORY Plaintiff divorced Defendant on October 24, 1991. At the time of the divorce, Plaintiff and Defendant entered into a Property Settlement Agreement which provided, in part, for the payment of college education expenses of their daughters. The relevant portion states: Each of the parties will contribute to the direct college -- the direct expense of the college education of their two daughters in proportion to the financial abilities of each of the parties to provide for such expenses at the time incurred and after considering other resources available to the children at that time which resources will include, but are not limited to the assets and incomes of the children and other sources of financial aid which may be available to the children for their college education. (Transcript of Divorce Hearing, July 30, 1991, at 11.) In December of 1995, Mary Ann Ritchie filed a petition to enforce the Property Settlement Agreement between her and Plaintiff. On May 2, 1996, Plaintiff was ordered to pay the sum of $6,000 for his daughter's college expenses for the 1995-96 school year, and $7,000 for the 1996-97 school year. In August of 1997 Mrs. Ritchie filed another petition to enforce the Property Settlement Agreement between her and Plaintiff. On October 20, 1997, Harry Wisler was ordered by this court to pay $7,250.00 to Susquehanna University for his daughter's 1997-98 college expenses. 670 CIVIL 1991 DISCUSSION Plaintiff alleges that his daughter, Erica Wisler, has willfully and unquestionably rejected his efforts to maintain their relationship. As a consequence of this estrangement, Plaintiff claims that his obligation to pay child support may be relieved and/or lessened by the Court. While Plaintiff is correct that estrangement may be grounds for relief of post minority child support relief, this argument is not applicable in the present case. Cook v. Covey, 609 A.2d 560, 563 (Pa. Super. 1992) (citing Milne v. Milne, 556 A.2d 854 (Pa. Super. 1989)). The only cases in which estrangement between a parent and child is relevant to the reduction or relief of child support obligations are those cases in which the child asks the court to judicially impose an obligation of support on a parent. But here, Plaintiff's obligation of child support in the present case results from a Property Settlement Agreement in which the Plaintiff agreed to provide payment of his daughters' college expenses to the best of his ability. A settlement agreement like this, between a divorcing husband and wife, is governed by the law of contracts unless the agreement states otherwise. Goss v. Timblin 622 A.2d 347, 350 (Pa. Super. 1993). The Court is merely enforcing an obligation that Plaintiff has already assumed in which his daughter, Erica, is a third party beneficiary. Cook v. Covey, 609 A.2d at 563.. Consequently, the relationship between Plaintiff and his 3 670 CIVIL 1991 daughter is irrelevant in the interpretation of the Property Settlement Agreement. Plaintiff alleges, in his proposed findings of fact, that Mrs. Ritchie is remarried and her husband makes greater than two times the income of Mr. Wisler, implying this fact's relevance in the case at hand. Defendant's present husband is under no obligation to support his wife's children, but a voluntary contribution to support the children may be relevant in determining a support order. Marter v. Ross, 439 A.2d 1181, 1182 (Pa. Super. 1982). Even though Plaintiff appears to imply that step- father is voluntarily contributing to the support of Plaintiff's daughters, Plaintiff offers no evidence to support the contention. Consequently, a court may not speculate as to the usage of step-father's income to benefit Plaintiff's daughters without evidence on the record of such. Shank v. Shank, 444 A.2d 1274, 1276 (Pa. Super. 1982). Plaintiff proposes that since the parties agreed that his previous support order of October 1997 was 30.7% of his daughter's direct expenses for college, that he should pay 30.7% of his daughter's direct expenses for the 1998-99 school year. Plaintiff and Defendant agree that the expenses for tuition, net the scholarships Erica has received, is $18,670.00. Defendant claims that the costs of Erica's summer Spanish program are $5,408.00. Plaintiff claims that the direct costs of the Spanish trip are $2,900.00 which only covers the cost of the program's 4 670 CIVIL 1991 tuition. Upon reviewing the record, the Court determined the direct cost of the Spanish trip to be $4,274.00. Plaintiff's monthly net income is $2,141,00 per month. He also makes $1000.00 as a paid referee for Hockey games. Defendant's monthly net income is $2,063.00 per year. The combined income of the Plaintiff and Defendant is $4,204.00, of which Plaintiff earns 50.9%. Plaintiff's expenses are totaled at $5,428.00. Upon review of Plaintiff's ability to pay his daughter's college expenses in relation to Defendant's ability to pay, Plaintiff is ordered to pay $8,000 to Susquehanna University toward the expenses of his daughter's tuition for the 1998-99 school year and for his daughter's summer tdp to Spain.