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Colonna v. Colonna

Order directing primary custodian father to pay child support to non-custodial mother reversed because change of physical custody from a 50/50 time split to a 73/27 split in favor of father constituted a substantial change in circumstances necessitating a complete termination of father's prior support payments to mother.

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OPINION

� 1 Appellant, Robert J. Colonna (Father), appeals from an Order directing him as custodian of his four children to pay child support to Appellee, Mary E. Colonna (Mother), the non-custodial parent. In light of the change in primary custody of the parties’ children, he asserts the trial court’s refusal to terminate his child support payments in its entirety constitutes a misapplication of the law regarding the right to child support. We find that under the circumstances of this case, Father is entitled to termination of child support payments to Mother. Therefore, we reverse the April 27 th 1999 Order, which awarded the non-custodial parent child support.

� 2 The relevant facts and procedural history of this case are as follows. Mother and Father were married on August 27, 1983 and separated in 1996. The parties obtained a final decree in divorce on March 19, 1999. The parties’ separation and divorce issues of custody, support and equitable distribution have resulted in protracted legal proceedings, numerous interim orders, final decisions and appeals. Of concern in the present appeal is the current child support order.

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