Child Support

ARE PAYMENTS FOR MY ADULT CHILD’S COLLEGE TUITION A FACTOR IN CONSIDERING THE AMOUNT OF MY CHILD SUPPORT OBLIGATION FOR MY MINOR CHILDREN?

Typically payments towards an adult child’s higher education are not considered a relevant factor in determining a parent’s child support obligation to minor children. Recently, in Mickman v. Mickman, the Supreme Court of Pennsylvania dismissed an appeal directly addressing this issue. Accordingly, the Superior Court of Pennsylvania’s decision in Horst v. Horst still controls the matter.

In Horst, the Superior Court of Pennsylvania affirmed the lower court’s order finding that a father’s payment towards his adult son’s tuition at Drexel University was not relevant in determining the father’s support obligation to his minor children. The Court reasoned that a minor child’s support takes precedence over an older child’s college education. The Court held that the needs of a younger dependent child must be met and tuition payments for an adult child’s education cannot offset the support obligations for a minor child.

Additionally, in Pennsylvania, parents can typically terminate their child support obligations once a child has turned eighteen (18) or graduated from high school. Accordingly, Pennsylvania law does not automatically impose an obligation for a parent to contribute to an adult child’s college education. If a parent wishes to assume the financial responsibilities for his or her adult child’s higher education they can agree to do so, but it does not alter and/or offset the parent’s financial responsibility to any of his or her minor children.

Please visit our Child Support website for more information on this topic.