§ 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.
Notes of Decisions
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
· cites it 27× “Section 4327 provides as follows: 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…”
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
· cites it 25× “Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
BRYNES v. Caldwell, 654 A.2d 1125 (Pa. Super. Ct. 1995).
· cites it 16× “The following year the General Assembly enacted 23 Pa. C.S. § 4327 ("Act 62") with the stated intention of codifying the decisions of this Court, in Ulmer v.”
Curtis v. Kline, 666 A.2d 265 (Pa. 1995).
· cites it 2× “23 Pa.C.S. § 4327(a). The issue now before us is whether the Act violates the equal protection clause of the Fourteenth Amendment of the *254 United States Constitution.”
Calabrese v. Calabrese, 682 A.2d 393 (Pa. Super. Ct. 1996).
· cites it 3× “*507 23 Pa.C.S. § 4327. We note that the recent Pennsylvania Supreme Court decision of Curtis v.”
Murphy v. McDermott, 979 A.2d 373 (Pa. Super. Ct. 2009).
· cites it 2× “2d 265 (1995) (holding 23 Pa.C.S. § 4327 (1994) unconstitutional because it improperly treated "the children of married families and divorced/unmarried families differently" by compelling divorced/unmarried families to provide some financial assistance for post-secondary…”
W.A.M. v. S.P.C., 95 A.3d 349 (Pa. Super. Ct. 2014).
“In response, in 1993, the Pennsylvania legislature passed 23 Pa.C.S. § 4327, which provided that divorced parents could be ordered to pay for post-secondary educational expenses.”
Robbins v. Kristofic, 643 A.2d 1079 (Pa. Super. Ct. 1994).
· cites it 2× “Finally, appellant argues that even if he diverted these funds, no harm occurred so as to require the grant of a preliminary injunction or the imposition of a constructive trust since the children can be made whole by bringing an action for support pursuant to 23 Pa.C.S. § 4327.…”
Malenfant v. Malenfant, 639 A.2d 1249 (Pa. Super. Ct. 1994).
“As the trial court correctly noted in its opinion, despite 23 Pa.C.S. § 4327, the portion of the Blue holding concerning support for students enrolled in high school remains controlling as § 4327 is limited to support for students enrolled in post-secondary education.”
In the Interest of S.J., 906 A.2d 547 (Pa. Super. Ct. 2006).
“The Court held that the statute violated the equal protection clause because Act 62 classified, without a rational basis, “young adults according to the marital status of their parents, establishing for one group an action to obtain a benefit enforceable by court order [i.”
Bolton v. Bolton, 657 A.2d 1270 (Pa. Super. Ct. 1995).
· cites it 2× “…equitable distribution agreement, custody agreement and/or court orders and agreed to or stipulated court orders. See 23 Pa.C.S. § 4327(i)(1).”
Prediger v. Alderfer, 22 Pa. D. & C.4th 352 (1994).
· cites it 8× “March 10,1974), pursuant to Act 62, 23 Pa.C.S. §4327, following a hearing held before the undersigned on July 11, 1994.”
— 23 Pa. Cons. Stat. § 4327(a) — 8 cases
Curtis v. Kline, 666 A.2d 265 (Pa. 1995).
“23 Pa.C.S. § 4327(a). The issue now before us is whether the Act violates the equal protection clause of the Fourteenth Amendment of the *254 United States Constitution.”
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
“Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
In the Interest of S.J., 906 A.2d 547 (Pa. Super. Ct. 2006).
“The Court held that the statute violated the equal protection clause because Act 62 classified, without a rational basis, “young adults according to the marital status of their parents, establishing for one group an action to obtain a benefit enforceable by court order [i.”
— 23 Pa. Cons. Stat. § 4327(c) — 2 cases
Prediger v. Alderfer, 22 Pa. D. & C.4th 352 (1994).
“March 10,1974), pursuant to Act 62, 23 Pa.C.S. §4327, following a hearing held before the undersigned on July 11, 1994.”
— 23 Pa. Cons. Stat. § 4327(d) — 3 cases
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
“Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
— 23 Pa. Cons. Stat. § 4327(e) — 7 cases
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
Calabrese v. Calabrese, 682 A.2d 393 (Pa. Super. Ct. 1996).
“*507 23 Pa.C.S. § 4327. We note that the recent Pennsylvania Supreme Court decision of Curtis v.”
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
“Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
Prediger v. Alderfer, 22 Pa. D. & C.4th 352 (1994).
“March 10,1974), pursuant to Act 62, 23 Pa.C.S. §4327, following a hearing held before the undersigned on July 11, 1994.”
— 23 Pa. Cons. Stat. § 4327(e)(3) — 1 case
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
“Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
— 23 Pa. Cons. Stat. § 4327(e)(5) — 2 cases
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
BRYNES v. Caldwell, 654 A.2d 1125 (Pa. Super. Ct. 1995).
“The following year the General Assembly enacted 23 Pa. C.S. § 4327 ("Act 62") with the stated intention of codifying the decisions of this Court, in Ulmer v.”
— 23 Pa. Cons. Stat. § 4327(e)(6) — 1 case
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
“Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
— 23 Pa. Cons. Stat. § 4327(f) — 6 cases
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
Calabrese v. Calabrese, 682 A.2d 393 (Pa. Super. Ct. 1996).
“*507 23 Pa.C.S. § 4327. We note that the recent Pennsylvania Supreme Court decision of Curtis v.”
Prediger v. Alderfer, 22 Pa. D. & C.4th 352 (1994).
“March 10,1974), pursuant to Act 62, 23 Pa.C.S. §4327, following a hearing held before the undersigned on July 11, 1994.”
— 23 Pa. Cons. Stat. § 4327(f)(1) — 2 cases
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
“Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
BRYNES v. Caldwell, 654 A.2d 1125 (Pa. Super. Ct. 1995).
“The following year the General Assembly enacted 23 Pa. C.S. § 4327 ("Act 62") with the stated intention of codifying the decisions of this Court, in Ulmer v.”
— 23 Pa. Cons. Stat. § 4327(i)(1) — 3 cases
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
BRYNES v. Caldwell, 654 A.2d 1125 (Pa. Super. Ct. 1995).
“The following year the General Assembly enacted 23 Pa. C.S. § 4327 ("Act 62") with the stated intention of codifying the decisions of this Court, in Ulmer v.”
Bolton v. Bolton, 657 A.2d 1270 (Pa. Super. Ct. 1995).
“…equitable distribution agreement, custody agreement and/or court orders and agreed to or stipulated court orders. See 23 Pa.C.S. § 4327(i)(1).”
— 23 Pa. Cons. Stat. § 4327(i)(2) — 1 case
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
— 23 Pa. Cons. Stat. § 4327(i)(l) — 2 cases
BRYNES v. Caldwell, 654 A.2d 1125 (Pa. Super. Ct. 1995).
“The following year the General Assembly enacted 23 Pa. C.S. § 4327 ("Act 62") with the stated intention of codifying the decisions of this Court, in Ulmer v.”
Bolton v. Bolton, 657 A.2d 1270 (Pa. Super. Ct. 1995).
“…equitable distribution agreement, custody agreement and/or court orders and agreed to or stipulated court orders. See 23 Pa.C.S. § 4327(i)(1).”
— 23 Pa. Cons. Stat. § 4327(j) — 4 cases
McGettigan v. McGettigan, 639 A.2d 1231 (Pa. Super. Ct. 1994).
“Section 4327 provides as follows: 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…”
Diehl on Behalf of Beaver v. Beaver, 663 A.2d 232 (Pa. Super. Ct. 1995).
“Section 4327 of the Domestic Relations Code, 23 Pa.C.S. § 4327, addresses parental obligation for postsecondary education.”
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