Oeler by Gross v. Oeler

Rule of Law:

A parent is not obligated to provide financial support for a minor child who unilaterally chooses to reside independently, rather than with the parent, if the parent has offered suitable housing and the child's refusal to live with the parent is without justifiable reason.

Facts:

• In 1974, Richard Oeler (father) and the mother separated, and had three minor children, including their daughter Paula.
• From January 1985 through May 1986, Paula lived with Richard, who paid her tuition to attend Allen High School.
• In June 1986, Paula moved back with her mother without formally modifying the existing custody order.
• In December 1987, Paula's mother planned to relocate to New Haven, Connecticut, for an internship.
• Richard advised Paula that she was welcome to reside with him to complete her high school education at Allen High School.
• When Paula and her mother were unable to secure a temporary living arrangement with a local family, they unilaterally entered into a lease for a one-bedroom apartment for Paula in Allentown without consulting Richard.
• Paula testified that she did not want to live with her father because she and her stepmother did not get along due to her stepmother being “too neat,” and because she wanted to live closer to her friends, despite her father’s house being only ten to fifteen minutes from her school by car.
• The mother stated she would not force Paula to live with her father, feeling it would take advantage of Paula and free the mother to pursue her own goals.

Procedural Posture:

• On April 1, 1975, an initial support order for the parties' three minor children was entered.
• On December 29, 1987, the parties entered into a support stipulation, which was incorporated into a court order, setting Richard Oeler's support obligation for Paula at $900.00 per month, with a provision to reduce it to $300.00 per month if Paula's physical custody changed from the mother to Richard or any third party.
• On December 31, 1987, Richard Oeler filed for a modification of his support payments in the Court of Common Pleas of Lehigh County (trial court) in accordance with the December 29th order.
• The Court of Common Pleas of Lehigh County adopted the recommendation of a domestic relations hearing officer and terminated Richard Oeler’s child support for Paula, concluding that Paula had no justifiable reason for refusing to live with her father.
• The mother appealed the trial court's order to the Superior Court of Pennsylvania (intermediate appellate court); Richard Oeler was the appellee and the mother was the appellant.
• The Superior Court reversed the trial court’s order, concluding that a parent's duty to support a minor child is absolute and cannot be waived by the minor child's actions.