PA Supreme Court Provides Bright Line Rule in Cases of Third Parties' Duty of Support to Child
On May 31, 2024, the Supreme Court of Pennsylvania issued a decision reversing a prior decision by the Superior Court which had required the former paramour of the deceased mother to pay child support to the biological father of the child. The child had resided with the Mother and the Mother’s paramour, Mr. Jaurigue. During that time, Mother had primary physical custody of the child and Father had partial physical custody. This custody relationship continued for six years. In December 2019, Mother passed away and the child lived exclusively with Father. Mother’s paramour had some visits with the child with the permission of the Father but that ended. In June 2020, former paramour sued Father for custody. Paramour ultimately received a court order granting him partial physical custody, but no legal custody.
Father sued the Mother’s former paramour for child support. The trial court granted paramour’s preliminary objections and dismissed Father’s complaint for child support. Father appealed. A unanimous three-judge panel of the Superior Court reversed the trial court’s decision holding that Mother’s former paramour owed a duty of support to the child. Paramour appealed to the Supreme Court of Pennsylvania. The Supreme Court of Pennsylvania reversed the Superior Court holding, “Principally, we hold as a matter of law Jaurigue does not fit into the class of third-parties obligated to pay support pursuant to the rule announced in A.S. because he does not have legal custody of Child.” Caldwell v. Jaurigue, 2024 Pa. LEXIS 802, *38.
So, because the paramour was not awarded shared legal custody of the child, he cannot be ordered to pay child support. That is a bright line rule promulgated by the Supreme Court. In his concurrence, Justice Wecht states, “Third party liability for child support is confined to those who obtain sole or shared legal custody.” Id *49
If you have any questions or concerns about child custody and child support, please do not hesitate to contact Scaringi Law at 717-657-7770.