Because of the unconstitutional nature of the support order
, it appears that if such an order were to issue it would need to be part of a written marital separation
agreement. However, I am not finding any PA law that specifically requires it to be in writing. If you are trying to base it on an oral agreement, it is going to be an uphill battle to say the least.
This is because an implication is not the same as an agreement to actually pay such support.
Also, such agreement would have to be supported by evidence of consideration flowing between both parents. In other words, what was the father going to get from mother
in exchange for agreeing to pay college tuition support?
I know this is not what you wanted to hear; but I am assuming you are paying for an honest and professional answer.
See case above for support of my previous answer.