PA Supreme Court Clarifies When Third Parties Owe Child Support

Grandparents, step-parents, and other third parties who step in to care for a child often do so out of love and necessity. But does taking on the day-to-day responsibility of raising a child also mean taking on a legal obligation to pay child support? The Pennsylvania Supreme Court answered that question definitively in Caldwell v. Jaurigue, 315 A.3d 1258 (Pa. 2024).

The Rule

The Court established a bright-line rule: only a third party who has been granted sole or shared legal custody of a child can be ordered to pay child support under 23 Pa.C.S. section 4321(2). Physical custody alone, or acting in loco parentis (in the place of a parent), is not enough to trigger a support obligation.

This was a unanimous decision. The Court distinguished, without overruling, its prior decision in A.S. v. I.S. (2015), which had left some ambiguity about when third-party support obligations attach. Caldwell removes that ambiguity.

What This Means in Practice

For grandparents who have physical custody of a grandchild but have not sought or obtained legal custody through the courts, Caldwell provides clarity: you are not on the hook for child support simply because the child lives with you. The support obligation follows legal custody, not the child’s physical location.

This distinction matters in several common scenarios. A grandparent who has informal custody because a parent is incarcerated, struggling with addiction, or simply absent has not assumed a legal support obligation by opening their home. Similarly, an aunt, uncle, or family friend who takes in a child during a family crisis does not become a support obligor by that act alone.

On the other side, if you are a parent seeking child support from a third party who has been caring for your child, Caldwell requires that the third party have legal custody before a support order can issue. If the third party has only physical custody or an informal arrangement, a support petition against them will not succeed.

The Practical Takeaway

Caldwell creates clarity, but it also creates an important strategic consideration. Third parties who are raising a child and want the full legal authority that comes with custody, including decision-making power over education, medical care, and other significant matters, should understand that obtaining legal custody may also open the door to a support obligation.

That trade-off is often worth making. Legal custody provides stability and legal authority that informal arrangements do not. But it should be an informed decision, not a surprise.

If you are a grandparent or other third party involved in a custody situation, contact our office to discuss your rights and obligations.