Oeler v. Oeler

594 A.2d 649 (1991)

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Nature of the Case

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Facts

D, age 17, remained a subject of the original support order which had been modified due to various changes in circumstances. Prior to 1985, H had primary physical custody of D. d lived with her father from January 1985 through May 1986. D moved back with her mother in June of 1986, where she remained until late December of 1987. H was ordered to pay $900.00 per month in support. In the event that was no longer in the actual physical custody of W, H was to pay $300.00 per month. W was relocating to New Haven, Connecticut. H filed for a modification of his support payments. H advised D that she was welcome to reside with him in order to complete her high school education at Allen High School. H indicated he would provide monetary assistance to the family that D resided with, so long as he deemed that family appropriate. W and D were unable to find a family and entered into a lease for an apartment for D. It was a one-bedroom apartment in a three-apartment building in Allentown with a monthly rental of $335.00 per month. W's mother sought reimbursement of expenses incurred by D, from H. D testified that she did not want to live with H because she and her stepmother did not get along. The stepmother was 'too neat' for her, which meant everything had to be 'picked up and put away,' which was contrary to her style of living. The court concluded that D had no justifiable reason for refusing to live with H. It ruled that D's action in refusing H's offer prevented her from reaping any financial gains. It terminated support. The Superior Court reversed the trial court, concluding that the duty of a parent to support his/her minor child is absolute, which cannot be waived by actions of that minor child. H appealed.