Opinion
September 18, 1961.
November 16, 1961.
Parent and Child — Support of children — Overall plan for college education of children — Use by father of earnings of children to assist in education — Order for support of youngest child — Increase only in amount commensurate with increased earnings of father.
In a support proceeding, in which it appeared that there were three children of the divorced parents, girls, aged 19, 15, and 11, respectively, at the time of the original proceedings, at which time the oldest girl was attending college; that at the suggestion of the trial judge the parties entered into an agreement under which defendant father agreed to educate the two older children, the agreement to terminate when the second oldest finished her education or dropped out of college, and an order was made for the support of the youngest child in a specified amount; that the oldest child earned some money during vacations, etc., and the father required her to use this money to assist in her education, and the second child also had some earnings which were being accumulated under the control of the father to assist in her education through college; that the mother contended that the use of the savings of the oldest child for payment of her education constituted an abridgement of the agreement between the parties and that an increase of the support for the youngest child was further warranted because the father had had an increase in wages since the original hearing and the maintenance expenses of the youngest child since that time had increased; and that the trial judge, on the theory of preservation of the overall plan which involved all three of the minor children and their future education, entered an order increasing the support for the youngest child only in an amount commensurate with the increased earnings of the father; it was Held, on appeal by relatrix from the failure of the court below to increase the order for the youngest child in a greater proportion, 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. 297, Oct. T., 1961, from order of Court of Quarter Sessions of Delaware County, March T., 1959, No. F-4-156, in case of Commonwealth ex rel. Josephine Pullman v. Anthony Pullman. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 332.
Proceeding upon petition of wife for increase in order for support of minor child. Before DIGGINS, J.
Order entered directing increase in stated weekly sum for support of minor child. Petitioner appealed.
Edward M. Seletz, for appellant.
No argument was made nor brief submitted for appellee.
Argued September 18, 1961.
The order of the Court of Quarter Sessions of Delaware County is affirmed on the opinion of Judge JOHN V. DIGGINS for the court below, reported at 25 Pa. D. C. 2d 332.