Hillary Moonay and Amanda Frett Discuss Landmark PA Supreme Court Decision on Third-Party Child Support Obligations

In Caldwell v. Jaurigue, the Pennsylvania Supreme Court delivered a groundbreaking decision clarifying child support responsibilities for third parties, with Philip Jaurigue, represented by Obermayer’s legal team.

Obermayer attorneys Hillary Moonay -– co-chair of Obermayer’s Family Law department – and Amanda Frett discuss this case in the January/February 2025 issue of The Pennsylvania Lawyer Magazine, highlighting its significance for family law practitioners and their clients.

The court ruled that only third parties with sole or shared legal custody of a child can be held responsible for child support. This decision establishes a bright-line rule, offering much-needed clarity on the responsibilities of non-parents involved in a child’s life.

Prior to the Jaurigue decision, Pennsylvania had long prohibited the imposition of child support obligations on third parties, reasoning that such obligations discourage those parties from remaining involved in a child’s life. 

The case involved Philip Jaurigue, who helped raise a child for six years and sought partial physical custody after the child’s mother passed away, was granted custodial time without legal custody. The child’s father, Joseph Caldwell, later filed for child support from Jaurigue.

In a unanimous opinion by Justice Kevin M. Dougherty, the Supreme Court ruled that third parties without legal custody are not “parents” under Pennsylvania’s support statutes and are not obligated to pay child support. The decision reaffirmed that legal custody—along with physical custody—defines the responsibility for child support, ensuring only those with significant decision-making authority for a child are liable. The court emphasized that this rule provides much-needed clarity for family court judges and consistency in decision-making.

In the interim, Pennsylvania family law practitioners and their clients welcome this guidance from the Supreme Court. For many third parties, like Philip Jaurigue, the decision allows them to remain an
important and critical part of a child’s development, without the concern of a child support obligation. Pennsylvania has long emphasized the importance of stability and continuity in the lives of children. This decision reinforces the importance of those benefits that children enjoy from nonparents, like Jaurigue, who voluntarily seek to maintain these relationships solely out of their unconditional love and devotion to these children.

Read the full article here.