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Pennsylvania Supreme Court Orders Custodial Parent to Pay Child Support

By Lynne Z. Gold-Bikin

In a case of first impression in Pennsylvania, the Supreme Court, the highest appellate court in the state, granted allocatur to consider whether a trial court may order a parent with primary custody of a child to pay child support to the non-custodial parent. Finding that in certain circumstances they may do so, the court has now ordered a custodial father to pay child support to the mother of his children, despite the fact they he has custody of them 73% of the time. In Colonna v. Colonna, No. 36 WAP 2002, decided (Pa. Super. April 29, 2004), the court said, “The temptation for the well-off parent to buy the affection of the children, and the tendency of the children to favor the parent who provides them with a more attractive lifestyle are factors that do not serve the best interests of the children.”

The Case

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