Commonwealth v. Martin

Concurring Opinion by

Woodside, J.:

I concur in all that is said by our President Judge in his opinion as it relates to the case before us, but I have reservations concerning the universal application of one statement. As stated in the opinion, this Court has held that “In the absence of an express contract, and unless the circumstances warrant it, a parent is not liable for the support of a child attending college.” This is a Court made rule which was formulated years ago when attendance at college was viewed as a luxury. I think the time has come to review this rule in the light of the large number of parents who now send their children to college.

When a father has sufficient estate or income to enable him to send his children to college without undue hardship upon him, I think an order of support against him in favor of a minor child successfully carrying on his studies in college should be approved by this Court, even “in the absence of an express contract.”

Montgomery and Flood, JJ., concur in this opinion.