Chen v. Chen
Pennsylvania Supreme Court
893 A.2d 87 (2006)
Wheamei and Richard Chen's divorce Property Settlement Agreement required Richard to pay $25 per week in child support for their daughter Theresa, with a provision allowing increases tied to Richard's income — an increase that never happened despite Richard's raises. When Theresa turned 18 and support ended, Wheamei sought arrearages; Theresa intervened, claiming standing as an intended third-party beneficiary, and the trial court let Wheamei withdraw while treating the unmerged Agreement as an enforceable separate contract, ultimately finding $59,000 in arrearages owed to Theresa. Richard appealed after the appellate court affirmed.
Whether a child has standing, absent special circumstances, to sue for the specific dollar amount of generalized child support one parent owes the other under a separation agreement.