child support - standing of child to enforce parents' support agreement
Chen v. Chen - Pa. Supreme Court - March 20, 2006
http://www.courts.state.pa.us/OpPosting/Supreme/out/J-169-2004co1.pdf - concurring (Cappy)
http://www.courts.state.pa.us/OpPosting/Supreme/out/J-169-2004co2.pdf - consurring (Castille)
http://www.courts.state.pa.us/OpPosting/Supreme/out/J-169-2004co3.pdf - concurring (Saylor and Eakin)
Stating that it was applying contract principles, the court held that a child is an incidental beneficiary rather than a third-party intended beneficiary of her parents' property settlement agreement (PSA) concerning payment of child support, citing Restatement (2d) Contracts sec. 302, adopted in Guy v. Liederbach, 459 A.2d 744 (Pa. 1983). The Court held that a child does not have a legally enforceable interest/standing under the parents' PSA. The child has a right to be supported but not a right to receive direct individual payments.