PA. SUPREME COURT Allegheny case focuses on child support

A lower court must decide how much the custodial parent must pay.
HARRISBURG (AP) -- In a divided decision that featured a debate on whether money can buy a child's affection, the state Supreme Court has ruled that a parent with primary custody can be ordered to pay child support if he or she makes significantly more money than the other parent.
The 3-2 decision sent an Allegheny County case back to the trial judge to determine what support a software executive should have to pay. Robert J. Colonna earns far more than his ex-wife, but has not been paying support because he has custody of his four children nearly three-quarters of the time.
Justice Sandra Schultz Newman, writing for the majority, said a disparity in living standards between parents can have a detrimental effect on the poorer parent's relationship with the children.
"The temptation for the well-off parent to buy the affection of the children, and the tendency of the children to favor the parent who provides them with a more attractive lifestyle are factors that do not serve the best interests of the children," she wrote in the opinion issued last week.
W.J. Helzlsouer, attorney for the mother, Mary M. Colonna, called the decision "a major change."
"And the most important part is that Justice Newman makes it clear that this applies in the high-income cases and it may apply in the 'guideline' cases, the lower-income cases. So the lower courts are going to have to work this out," he said.
Background
The Colonnas separated in 1996 after 13 years of marriage, and Robert Colonna sought to end child-support payments in July 1998 after he became the primary custodian of their two boys and two girls, now aged 12-18.
The county judge ordered Robert Colonna, founder of Innovative Systems Inc., to pay monthly support of $810. A nine-judge Superior Court panel unanimously reversed in 2001, saying such payments "would only confer a personal benefit upon the noncustodial parent."
Mary Colonna said Wednesday she makes $6.50 an hour working for a nonprofit children's advocacy group. Support from her ex-husband, she said, would let her devote more attention to her children.
A dissenting opinion by Chief Justice Ralph J. Cappy said custodial parents -- those who have the children more than half the time -- should not have to pay support and warned that the majority's approach gives "precious little guidance" to lower courts.