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Adult Child Cannot Sue for Support Arrears
Reversing both a Northampton County, PA, trial court and a three-judge panel of the Superior Court, the Pennsylvania Supreme Court has ruled unanimously ' in a case of first impression ' that the adult daughter of a failed marriage should not be able to sue her father to enforce a child support provision from her parents' property settlement agreement that would benefit her directly. Chen v. Chen, No. 89 MAP 2004, March 20, 2006.
The six justices who heard the case, however, split as to whether the result should be based on contract law or public policy grounds. Two justices argued the majority should not have pointed to public policy concerns in their opinion, while two others reasoned that the public policy questions raised by the case amounted to the matter's essential issue.
The superior court panel had ruled in December 2003 that Richard Chen should have been obligated to supplement his $25-per-week child support payments to daughter Theresa in accordance with raises in his salary during the time she was growing up. The panel affirmed the trial court's order that Richard pay $59,292 in resulting arrearages to Theresa, who was born in 1982.
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