This section contains the nature of the case and procedural background.

Pennsylvania passed a law that made it mandatory for divorced parents to support a child in college. H is the father of Jason, Amber, and Rebecca. On July 12, 1991, an order of court for support was entered on behalf of H's children. On March 2, 1993, H filed a petition to terminate his support obligation as to Amber, a student at Kutztown University, and Jason, a student at West Chester University. On January 11, 1994, the trial court granted H's petition to terminate support for Amber and Jason, concluding that Act 62 violated the equal protection clause of the Fourteenth Amendment of the United States Constitution. After H's petition to modify his post-secondary education support obligation was disposed of, the Department of Public Welfare (DPW) sought and was granted leave to intervene. DPW then filed a notice of appeal to this Court.

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