Legal Question in Family Law in Pennsylvania
Are my children entitled to support from their father while in college? They live with me, their mother.
1 Answer from Attorneys
No, unless there is some type of settlement agreement between you and the children's father in which the father voluntarily agreed to provide for the children's college. Children do not have a right to child support for college generally.
23 Pa.C.S.A. � 4321
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 23 Pa.C.S.A. � 4321. Liability for support
Subject to the provisions of this chapter:
(1) Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.
(2) Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.
(3) Parents may be liable for the support of their children who are 18 years of age or older.
Although there is a statute, 23 Pa.C.S.A. � 4327, it was held to be unconstitutional by the Pennsylvania Supreme Court, in Curtis v. Kline, 542 Pa. 249, 666 A.2d 265 (1995),
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