Legal Question in Family Law in Pennsylvania

Re: College Education Funds

In Pennsylvania, a parent is under no legal support obligation to pay college tuition for children. Therefore, any obligation exists only as a result of a valid agreement. In your case, the precise terms of the settlement agreement will control the details of the tuition payment obligation. The agreement may state that father is required to pay full college tuition; it may state that father is required to pay any amount of college tuition not covered by scholarships, loans, or other funds, etc. You must look to the precise terms of the agreement to understand father's legal obligation.

Similarly, with a UGMA trust, the trustee is bound by the terms of the trust. The trust may authorize trustee to pay college expenses; it may authorize trustee to pay education expenses beyond those covered by other sources of funds. One such source of funds may be the support obligation of father. The terms of the trust will also dictate whether payments may be made from interest or principal.

The dual roles father is serving as support obligated parent and trustee are troublesome.

To the extent that the duty to conserve the trust fund for the minors conflicts with the father's duty to pay college tuition out of his own funds, there is a conflict of interest. Again, the terms of the trust and the agreement themselves will control this question. An attorney can review the documents in question and advise you as to your specific situation.

Ilene Young

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