2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4327 - Postsecondary educational costs.

     § 4327.  Postsecondary educational costs.
        (a)  General rule.--Where applicable under this section, a
     court may order either or both parents who are separated,
     divorced, unmarried or otherwise subject to an existing support
     obligation to provide equitably for educational costs of their
     child whether an application for this support is made before or
     after the child has reached 18 years of age. The responsibility
     to provide for postsecondary educational expenses is a shared
     responsibility between both parents. The duty of a parent to
     provide a postsecondary education for a child is not as exacting
     a requirement as the duty to provide food, clothing and shelter
     for a child of tender years unable to support himself. This
     authority shall extend to postsecondary education, including
     periods of undergraduate or vocational education after the child
     graduates from high school. An award for postsecondary
     educational costs may be entered only after the child or student
     has made reasonable efforts to apply for scholarships, grants
     and work-study assistance.
        (b)  Action to recover educational expenses.--An action to
     recover educational costs may be commenced:
            (1)  by the student if over 18 years of age; or
            (2)  by either parent on behalf of a child under 18 years
        of age, but, if the student is over 18 years of age, the
        student's written consent to the action must be secured.
        (c)  Calculation of educational costs.--In making an award
     under this section, the court shall calculate educational costs
     as defined in this section.
        (d)  Grants and scholarships.--The court shall deduct from
     the educational costs all grants and scholarships awarded to the
     student.
        (e)  Other relevant factors.--After calculating educational
     costs and deducting grants and scholarships, the court may order
     either parent or both parents to pay all or part of the
     remaining educational costs of their child. The court shall
     consider all relevant factors which appear reasonable, equitable
     and necessary, including the following:
            (1)  The financial resources of both parents.
            (2)  The financial resources of the student.
            (3)  The receipt of educational loans and other financial
        assistance by the student.
            (4)  The ability, willingness and desire of the student
        to pursue and complete the course of study.
            (5)  Any willful estrangement between parent and student
        caused by the student after attaining majority.
            (6)  The ability of the student to contribute to the
        student's expenses through gainful employment. The student's
        history of employment is material under this paragraph.
            (7)  Any other relevant factors.
        (f)  When liability may not be found.--A court shall not
     order support for educational costs if any of the following
     circumstances exist:
            (1)  Undue financial hardship would result to the parent.
            (2)  The educational costs would be a contribution for
        postcollege graduate educational costs.
            (3)  The order would extend support for the student
        beyond the student's twenty-third birthday. If exceptional
        circumstances exist, the court may order educational support
        for the student beyond the student's twenty-third birthday.
        (g)  Parent's obligation.--A parent's obligation to
     contribute toward the educational costs of a student shall not
     include payments to the other parent for the student's living
     expenses at home unless the student resides at home with the
     other parent and commutes to school.
        (h)  Termination or modification of orders.--Any party may
     request modification or termination of an order entered under
     this section upon proof of change in educational status of the
     student, a material change in the financial status of any party
     or other relevant factors.
        (i)  Applicability.--
            (1)  This act shall apply to all divorce decrees, support
        agreements, support orders, agreed or stipulated court
        orders, property settlement agreements, equitable
        distribution agreements, custody agreements and/or court
        orders and agreed to or stipulated court orders in effect on,
        executed or entered since, November 12, 1992.
            (2)  In addition, this act shall apply to all pending
        actions for support. This section shall not supersede or
        modify the express terms of a voluntary written marital
        settlement agreement or any court order entered pursuant
        thereto.
        (j)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Educational costs."  Tuition, fees, books, room, board and
     other educational materials.
        "Postsecondary education."  An educational or vocational
     program provided at a college, university or other postsecondary
     vocational, secretarial, business or technical school.
     (July 2, 1993, P.L.431, No.62, eff. imd.)

        1993 Amendment.  Act 62 added section 4327. See the preamble
     to Act 62 in the appendix to this title for special provisions
     relating to legislative intent.