Colonna v. Colonna
Supreme Court of Pennsylvania
855 A.2d 648 (Pa. 2004)
Robert Colonna (plaintiff) was awarded primary custody of the couple's four children during the school year, with Mary Colonna (defendant) having custody during summer months, and each parent had partial custody during the other's primary period; despite Robert having the children 73 percent of the year to Mary's 27 percent, and earning a sizeable income, a special master ordered Robert to continue paying Mary monthly child support. The trial court later raised Robert's support obligation, the appellate court reversed on the theory that a primary custodial parent cannot be required to pay support to a non-custodial parent, and Mary appealed.
Whether a parent with primary custody of a child may be required to pay child support to the parent with partial custody.