PRINTER'S NO. 2899
No. 2133 Session of 1984
INTRODUCED BY HAGARTY, SWEET, REBER, GREENWOOD, ARTY, McVERRY,
GODSHALL, GLADECK, BUNT, McCLATCHY, LASHINGER, SAURMAN,
NAHILL, CORNELL, AFFLERBACH, MILLER, CIMINI, GALLAGHER,
COLAFELLA, KUKOVICH, D. R. WRIGHT, FISCHER, SEMMEL, WOZNIAK,
GRUPPO, PUNT, BATTISTO, MICOZZIE, WACHOB, BOOK, PRATT,
SIRIANNI, E. Z. TAYLOR, LESCOVITZ, SPENCER, DURHAM AND
MAYERNIK, MAY 7, 1984
REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 1984
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to support,
3 property and contracts; and making repeals.
5 TABLE OF CONTENTS
6 TITLE 23
7 DOMESTIC RELATIONS
8 PART V. SUPPORT, PROPERTY AND CONTRACTS
9 Chapter 41. General Provisions
10 § 4101. Liability for debts contracted before marriage.
11 § 4102. Liability for purchases by married person.
12 § 4103. Liability on judgment against married person.
13 § 4104. Right of married person to separate earnings.
14 § 4105. Loans between married persons.
15 Chapter 43. Support Matters Generally
16 Subchapter A. General Provisions
17 § 4301. Scope of chapter.
1 § 4302. Definitions.
2 § 4303. Confidentiality of information.
3 § 4304. Information to consumer credit bureau.
4 Subchapter B. Support
5 § 4321. Liability for support.
6 § 4322. Support of spouse.
7 § 4323. Support of child.
8 § 4324. Maximum percentages on amount of support prohibited.
9 § 4325. Inclusion of medical support.
10 § 4326. Manner of making support payments.
11 § 4327. Payee of order of support.
12 Subchapter C. Proceedings Generally
13 § 4341. Commencement of support actions or proceedings.
14 § 4342. Paternity.
15 § 4343. Contempt for failure of defendant to appear.
16 § 4344. Contempt for noncompliance with support order.
17 § 4345. Security for attendance or performance.
18 § 4346. Attachment of income.
19 § 4347. Consolidation of proceedings.
20 § 4348. Costs and fees.
21 § 4349. Continuing jurisdiction over support orders.
22 Subchapter D. Proceedings Against Entireties Property
23 § 4361. Execution of support order against entireties property.
24 § 4362. Plaintiff's share of proceeds of sale.
25 § 4363. Trustee to distribute proceeds of sale.
26 § 4364. Credit to plaintiff who purchases property.
27 § 4365. Rights of divorced person in entireties property sold
28 for support.
29 § 4366. Other enforcement remedies preserved.
30 Chapter 45. Reciprocal Enforcement of Support Orders
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1 § 4501. Short title and purposes of chapter.
2 § 4502. Definitions.
3 § 4503. Remedies additional to those now existing.
4 § 4504. Extent of duties of support.
5 § 4505. Interstate rendition.
6 § 4506. Conditions of interstate rendition.
7 § 4507. Choice of law.
8 § 4508. Remedies of state or political subdivision furnishing
9 support.
10 § 4509. How duties of support are enforced.
11 § 4510. Jurisdiction.
12 § 4511. Petition for support.
13 § 4512. Officials to represent obligee.
14 § 4513. Petition for a minor.
15 § 4514. Duty of initiating court.
16 § 4515. Costs and fees.
17 § 4516. Jurisdiction by arrest.
18 § 4517. State information agency.
19 § 4518. Duty of the court and officials of this Commonwealth as
20 responding state.
21 § 4519. Further duties of court and officials of responding
22 state.
23 § 4520. Hearing and continuance.
24 § 4521. Immunity from criminal prosecution.
25 § 4522. Evidence of husband and wife.
26 § 4523. Rules of evidence.
27 § 4524. Order of support.
28 § 4525. Responding court to transmit copies to initiating
29 court.
30 § 4526. Additional powers of responding court.
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1 § 4527. Paternity.
2 § 4528. Additional duties of responding court.
3 § 4529. Additional duty of initiating court.
4 § 4530. Proceedings not to be stayed.
5 § 4531. Application of payments.
6 § 4532. Effect of participation in proceeding.
7 § 4533. Intrastate application.
8 § 4534. Appeals.
9 § 4535. Additional remedies.
10 § 4536. Registration.
11 § 4537. Registry of foreign support orders.
12 § 4538. Official to represent obligee.
13 § 4539. Registration procedure.
14 § 4540. Effect and enforcement of registered order.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Title 23 of the Pennsylvania Consolidated
18 Statutes is amended by adding a part to read:
19 PART V
20 SUPPORT, PROPERTY AND CONTRACTS
21 Chapter
22 41. General Provisions
23 43. Support Matters Generally
24 45. Reciprocal Enforcement of Support Orders
25 CHAPTER 41
26 GENERAL PROVISIONS
27 Sec.
28 4101. Liability for debts contracted before marriage.
29 4102. Liability for purchases by married person.
30 4103. Liability on judgment against married person.
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1 4104. Right of married person to separate earnings.
2 4105. Loans between married persons.
3 § 4101. Liability for debts contracted before marriage.
4 (a) General rule.--A spouse is not liable for the debts of
5 the other spouse contracted before marriage.
6 (b) Liability of property unaffected.--This section does not
7 protect the property of a married person from liability for
8 debts contracted by or in the name of the married person by any
9 person authorized to so contract.
10 § 4102. Liability for purchases by married person.
11 (a) General rule.--Except as provided in subsection (b),
12 married persons are not liable jointly for purchases by one of
13 them unless they voluntarily assume joint debts.
14 (b) Necessaries.--Married persons are jointly and severally
15 liable for debts contracted by one of them for necessaries for
16 themselves or their children.
17 § 4103. Liability on judgment against married person.
18 A judgment against a married person individually before or
19 during marriage does not bind or constitute a lien upon the real
20 property of the other spouse.
21 § 4104. Right of married person to separate earnings.
22 A married person has the right to the separate benefit and
23 use of the separate earnings of that person except with respect
24 to legal support obligations due to other persons.
25 § 4105. Loans between married persons.
26 A married person may loan the other spouse money from the
27 separate estate of the married person and take in security
28 therefor a judgment or mortgage against the property of the
29 other spouse which shall be valid as otherwise provided by law.
30 CHAPTER 43
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1 SUPPORT MATTERS GENERALLY
2 Subchapter
3 A. General Provisions
4 B. Support
5 C. Proceedings Generally
6 D. Proceedings Against Entireties Property
7 SUBCHAPTER A
8 GENERAL PROVISIONS
9 Sec.
10 4301. Scope of chapter.
11 4302. Definitions.
12 4303. Confidentiality of information.
13 4304. Information to consumer credit bureau.
14 § 4301. Scope of chapter.
15 (a) General rule.--Actions or proceedings provided by this
16 chapter are in addition to and not in substitution of actions or
17 proceedings provided by unsuspended statutes where there is
18 desertion or a failure to perform a duty to support.
19 (b) Persons in institutions and foster homes.--Matters
20 relating to the support of persons living in public or private
21 institutions or receiving foster home care and who are otherwise
22 entitled to support under this chapter shall be determined by
23 the court under the statutes pertaining to those institutions or
24 foster homes.
25 § 4302. Definitions.
26 The following words and phrases when used in this chapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Employer." Includes an individual, partnership,
30 association, corporation, trust, Federal agency, Commonwealth
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1 agency or political subdivision paying or obligated to pay
2 income.
3 "Income." Wages, salaries, self-employment income, income
4 received as a partner, interest and dividends from financial
5 institutions and insurance or investment companies, commissions,
6 bonuses, tips, pensions, unemployment compensation, workmen's
7 compensation, temporary disability benefits, benefits paid by a
8 Federal agency, Commonwealth agency or political subdivision or
9 by an insurance company, or any other emoluments. The term does
10 not include income which is exempt from attachment by law.
11 "Order of support." Includes assistance imposed or imposable
12 by law or by any court order, whether interlocutory or final,
13 whether incidental to a proceeding for divorce, separate
14 maintenance, prosecution for failure to support a child born out
15 of lawful wedlock or otherwise.
16 "Support." Care, maintenance and financial assistance.
17 § 4303. Confidentiality of information.
18 In order to promote trust and confidence and to provide a
19 maximum of service in the most economical manner, all
20 information obtained by or for a court or by or for enforcement
21 officials in connection with this chapter, other than
22 information which appears in court testimony, is confidential
23 and may be used only for the purpose of this chapter and may be
24 made available only to the parties or their counsel.
25 § 4304. Information to consumer credit bureau.
26 (a) General rule.--Information regarding the amount of
27 arrearages owed by a party shall be made available to any
28 consumer credit bureau organization upon the request of the
29 organization, subject to the following:
30 (1) Where the amount of arrearages is less than $1,000,
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1 information regarding the amount shall be made available at
2 the option of the domestic relations office of the county in
3 which the order of support was entered.
4 (2) The information shall be available only after the
5 person owing the arrearages has been notified of the proposed
6 action and given a reasonable opportunity to contest the
7 accuracy of the information.
8 (b) Fee.--A fee for furnishing the information in an amount
9 not exceeding the actual cost thereof may be imposed on the
10 requesting organization by the domestic relations office.
11 SUBCHAPTER B
12 SUPPORT
13 Sec.
14 4321. Liability for support.
15 4322. Support of spouse.
16 4323. Support of child.
17 4324. Maximum percentages on amount of support prohibited.
18 4325. Inclusion of medical support.
19 4326. Manner of making support payments.
20 4327. Payee of order of support.
21 § 4321. Liability for support.
22 (a) General rule.--Subject to the provisions of this
23 chapter:
24 (1) Married persons are liable for the support of each
25 other according to their respective abilities to provide
26 support.
27 (2) Parents are liable for the support of their children
28 who are unemancipated and 18 years of age or younger.
29 (3) Parents may be liable for the support of their
30 children who are 18 years of age or older.
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1 (b) Persons living in same household.--Liability for support
2 shall not be affected by the fact that the person from whom
3 support is sought lives in the same household with the person
4 for whom support is sought.
5 § 4322. Support of spouse.
6 In making an order for the support of a spouse, the court
7 shall consider all relevant factors including, but not limited
8 to:
9 (1) The reasonable needs of each spouse and the ability
10 of each spouse to provide for those needs.
11 (2) The standard of living, financial resources, income,
12 earning capacity and employability of each spouse in terms of
13 age, physical and mental health and occupational skills.
14 (3) The nonmonetary contributions of either spouse
15 toward the care and maintenance of the other spouse or their
16 children.
17 (4) Other dependents of a party to the support action or
18 proceeding.
19 (5) Partial custody agreements.
20 § 4323. Support of child.
21 (a) General rule.--The court may make an order of support
22 for a child according to the respective abilities of the parents
23 to provide support. In making an order for the support of a
24 child, the court shall consider all relevant factors including,
25 but not limited to:
26 (1) The age, physical and mental health and education or
27 vocational needs.
28 (2) The reasonable needs of the child.
29 (3) The standard of living, financial resources, income,
30 earning capacity and employability of either or both parents
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1 in terms of age, physical and mental health and occupational
2 skills.
3 (4) The nonmonetary contributions of either parent
4 toward the care and maintenance of the child.
5 (5) Other dependents of a party to the support action or
6 proceeding.
7 (6) Partial custody agreements.
8 (b) Child not entitled to support.--A court shall not order
9 either or both parents to pay for the support of a child if the
10 child is either:
11 (1) Married.
12 (2) Self-supporting.
13 (3) A member of the armed forces of the United States.
14 (4) Maintaining a permanent residence away from the
15 permanent residence of the party seeking support for the
16 child. A residence at boarding school, camp, college training
17 or vocational school shall not be considered a residence away
18 from the permanent residence of the party seeking support for
19 the child unless the residence of the child when not
20 attending boarding school, camp, college training or
21 vocational school is not with the party seeking support.
22 (c) Child who is not a minor.--There is a presumption that,
23 when a child is over 18 years of age and not a continuing full-
24 time student in a high school program, the duty of a parent to
25 support the child ceases. The child has the burden of rebutting
26 this presumption. In these cases a parent of the child may
27 initiate the support action or proceeding.
28 (d) Marital status of parents immaterial.--In making an
29 order for the support of a child, no distinction shall be made
30 because of the marital status of the parents.
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1 § 4324. Maximum percentages on amount of support prohibited.
2 In determining the amount of an order of support, no maximum
3 percentage of income and resources shall apply.
4 § 4325. Inclusion of medical support.
5 The Department of Welfare shall petition for the inclusion of
6 medical support as part of any child support order whenever
7 health care coverage is available to the person owing a duty of
8 support at a reasonable cost. Upon failure of the obligor to
9 make this payment or reimburse the custodial parent and after
10 compliance with procedural due process requirement, the court
11 shall treat the amount as arrearages.
12 § 4326. Manner of making support payments.
13 An order of support shall not be payable in a lump sum but
14 shall be payable in periodic payments as ordered by the court
15 except with respect to retroactive orders or payment arrearages.
16 § 4327. Payee of order of support.
17 An order of support of a person shall direct payment to be
18 made payable to or payment to be made to the domestic relations
19 office for transmission to the plaintiff or for transmission
20 directly to a public body or public or private agency whenever
21 the care, maintenance and assistance of the person is provided
22 for by the public body or public or private agency.
23 SUBCHAPTER C
24 PROCEEDINGS GENERALLY
25 Sec.
26 4341. Commencement of support actions or proceedings.
27 4342. Paternity.
28 4343. Contempt for failure of defendant to appear.
29 4344. Contempt for noncompliance with support order.
30 4345. Security for attendance or performance.
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1 4346. Attachment of income.
2 4347. Consolidation of proceedings.
3 4348. Costs and fees.
4 4349. Continuing jurisdiction over support orders.
5 § 4341. Commencement of support actions or proceedings.
6 (a) General rule.--A support action or proceeding under this
7 chapter shall be commenced in the manner prescribed by general
8 rules.
9 (b) Nature of proceedings.--An action or proceeding
10 commenced under this chapter is a civil action governed by
11 general rules applicable to civil matters.
12 § 4342. Paternity.
13 (a) Determination.--Where the paternity of a child born out
14 of wedlock is disputed, the determination of paternity shall be
15 made by the court without a jury unless either party demands
16 trial by jury. The trial, whether or not a trial by jury is
17 demanded, shall be a civil trial and there shall be no right to
18 a criminal trial on the issue of paternity. The burden of proof
19 shall be by a preponderance of the evidence.
20 (b) Limitation of actions.--An action or proceeding under
21 this chapter to establish the paternity of a child born out of
22 wedlock must be commenced within 18 years of the date of birth
23 of the child. Where the reputed father has voluntarily
24 contributed to the support of the child or has acknowledged his
25 paternity in writing, the action or proceeding may be commenced
26 at any time within two years of the contribution or
27 acknowledgment by the reputed father.
28 § 4343. Contempt for failure of defendant to appear.
29 (a) General rule.--A defendant who willfully fails or
30 refuses to appear in response to a duly served order or other
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1 process under this chapter may, as prescribed by general rule,
2 be adjudged in contempt and committed to jail by the court for a
3 period not exceeding six months.
4 (b) Philadelphia cases.--In a county of the first class, the
5 defendant named in the order or other process shall be brought
6 before the court forthwith, but in any event within 48 hours or
7 two court working days, whichever is longer, after the defendant
8 is taken into custody, for the purpose of hearing on the issue
9 of contempt of the order or other process involved.
10 § 4344. Contempt for noncompliance with support order.
11 (a) General rule.--A defendant who willfully fails to comply
12 with any order under this chapter, except an order subject to
13 section 4343 (relating to contempt for failure of defendant to
14 appear), may, as prescribed by general rule, be adjudged in
15 contempt and committed to jail by the court.
16 (b) Philadelphia cases.--In a county of the first class:
17 (1) The hearing shall be fixed as provided in section
18 4343(b).
19 (2) The commitment to jail may not exceed six months.
20 (3) The order shall state the condition the fulfillment
21 of which will result in the release of the defendant.
22 § 4345. Security for attendance or performance.
23 (a) General rule.--At any stage of the proceedings under
24 this chapter, upon affidavit filed that the defendant is about
25 to leave this Commonwealth or the judicial district, the court
26 may, as prescribed by general rule, issue appropriate process
27 directing that the defendant be brought before the court and may
28 direct that the defendant give security to appear when directed
29 by the court or to comply with any order of the court.
30 (b) Philadelphia cases.--In a county of the first class, the
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1 hearing shall be fixed as provided in section 4343(b) (relating
2 to contempt for failure of defendant to appear).
3 § 4346. Attachment of income.
4 (a) General rule.--The income of a person owing a duty of
5 support may be attached in the manner prescribed by general
6 rule. The employer may deduct from the income of the defendant
7 2% of the amount paid under the order for reimbursement of the
8 expense involved in complying with the order.
9 (b) Mandatory attachment.--The court shall order the
10 attachment of income as prescribed by general rule in the
11 following cases:
12 (1) Where a person owing a duty of support is in arrears
13 for a period exceeding 15 days.
14 (2) Where the court determines the person will not
15 comply with the order. In making this determination, the
16 court may consider evidence of the person's failure to make
17 prior support payments and the making of grossly inadequate
18 payments.
19 (c) Effect of compliance by employer.--Compliance by an
20 employer with an order of attachment of income operates as a
21 discharge of the liability of the employer to the defendant as
22 to that portion of the employment income of the defendant
23 affected.
24 (d) Effect of noncompliance by employer.--
25 (1) An employer who willfully fails to comply with an
26 order of attachment under this chapter may, as prescribed by
27 general rule, be adjudged in contempt and committed to jail
28 or fined by the court.
29 (2) The employer shall be liable for any amount the
30 employer fails to withhold from income due an employee under
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1 an order of attachment of income.
2 (e) Disciplinary action by employer prohibited.--When an
3 order of attachment on income has been entered, an employer
4 shall not use the attachment as a basis, in whole or in part,
5 for the discharge of an employee or for any disciplinary action
6 against an employee. In case of a violation of this subsection,
7 the employer may be adjudged in contempt and committed to jail
8 or fined by the court.
9 (f) Bonding.--The court may attach forms of income other
10 than wages, and include bonding or other requirements in cases
11 involving individuals whose income is from sources other than
12 wages, in order to assure that support owed by individuals in
13 this Commonwealth will be collected without regard to the types
14 of these individuals' income or the nature of their income-
15 producing activities.
16 (g) Priority of attachment.--An order of attachment under
17 this chapter shall have priority over any attachment, execution,
18 garnishment or wage assignment unless otherwise ordered by the
19 court.
20 § 4347. Consolidation of proceedings.
21 The court may consolidate with a support action or proceeding
22 any proceeding commenced for visitation rights, sole or shared
23 custody, temporary or permanent custody or any other matters
24 pertaining to support authorized by law which fairly and
25 expeditiously may be determined and disposed of in the support
26 action or proceeding.
27 § 4348. Costs and fees.
28 When it appears to the court that either party or both
29 parties are financially able to pay costs and fees, the court
30 may impose the costs and fees on either party or both parties.
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1 § 4349. Continuing jurisdiction over support orders.
2 (a) General rule.--The court making an order of support
3 shall at all times maintain jurisdiction of the matter for the
4 purpose of enforcement of the order and for the purpose of
5 increasing, decreasing, modifying or rescinding the order
6 without limiting the right of the plaintiff to institute
7 additional proceedings for support in any county in which the
8 defendant resides or in which property of the defendant is
9 situated.
10 (b) Foreign support orders.--The court may modify registered
11 foreign support orders when the foreign court declines,
12 surrenders or determines that it is an inappropriate forum to
13 modify the decree. The court may at any time remit, correct or
14 reduce the amount of arrearages.
15 (c) Applicability.--This section applies to all support
16 orders whether entered under this chapter or any other statute.
17 SUBCHAPTER D
18 PROCEEDINGS AGAINST ENTIRETIES PROPERTY
19 Sec.
20 4361. Execution of support order against entireties property.
21 4362. Plaintiff's share of proceeds of sale.
22 4363. Trustee to distribute proceeds of sale.
23 4364. Credit to plaintiff who purchases property.
24 4365. Rights of divorced person in entireties property sold
25 for support.
26 4366. Other enforcement remedies preserved.
27 § 4361. Execution of support order against entireties property.
28 (a) Entry of order.--Whenever married persons hold real
29 property by the entireties and one spouse secures an order of
30 court against the other spouse for the support of the plaintiff
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1 spouse or of a child of both persons or the defendant or for the
2 support of both the plaintiff spouse and child and a copy of the
3 order has been certified to the court of common pleas of the
4 county in this Commonwealth in which the property is situated,
5 the order shall be entered in that court as a judgment with the
6 same effect as if it had been recovered as a judgment of that
7 court.
8 (b) Execution on judgment.--Execution may be issued on the
9 judgment against the real property held by the entireties and
10 the property may be sold in the manner provided by law for the
11 sale of real property on execution issued on a judgment. In any
12 writs of execution on the judgment, the defendant shall not be
13 entitled to the benefit of 42 Pa.C.S. Ch. 81 Subch. B (relating
14 to exemptions from execution) or any other exemption statute.
15 (c) Title of purchaser.--The sale of real property under
16 this section conveys to the purchaser or purchasers thereof a
17 good and valid title to the property and vests in the purchaser
18 or purchasers the entire title of both the married persons in
19 the same manner and with the same effect as if both married
20 persons had joined in the conveyance of the property.
21 (d) Proceedings by obligor spouse prohibited.--The obligor
22 spouse shall not have the right to initiate proceedings under
23 this section.
24 § 4362. Plaintiff's share of proceeds of sale.
25 (a) General rule.--The plaintiff spouse shall be entitled to
26 one-half of the proceeds of the sale of real property by the
27 entireties which represents plaintiff's prior undivided one-half
28 interest in the property.
29 (b) Petition to court.--The plaintiff spouse may petition
30 the court of common pleas of the county where the real property
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1 is situated, either before or after the sale of the property by
2 execution, setting forth plaintiff's claim and the court shall
3 fix a date for a hearing on the petition.
4 (c) Hearing and decree.--After notice and hearing, the court
5 shall make such decree as shall be proper. At the hearing, both
6 spouses shall be competent witnesses.
7 § 4363. Trustee to distribute proceeds of sale.
8 (a) Appointment of trustee.--The court shall, at the time of
9 the hearing or thereafter, appoint a trustee who shall receive
10 from the sheriff the proceeds of the sale of the property after
11 the costs have been paid.
12 (b) Disposition of proceeds.--The trustee shall, out of the
13 proceeds, pay to the plaintiff spouse the sum of money the court
14 decreed as plaintiff's share in the property sold and also the
15 sums of money, and interest thereon from the time the respective
16 items making them up became due and payable, which are due and
17 payable under the order of support. The trustee shall also pay
18 to the plaintiff spouse any additional sums plaintiff may be
19 entitled to under any order of court for the support of
20 plaintiff or the children of defendant.
21 (c) Compensation of trustee.--The trustee shall be
22 compensated as determined by the court from the proceeds of the
23 sale.
24 § 4364. Credit to plaintiff who purchases property.
25 (a) General rule.--If the plaintiff spouse becomes the
26 purchaser at the execution sale, plaintiff shall be entitled to
27 a credit on the purchase price thereof for the sum of money
28 found by the court to represent plaintiff's share in the
29 property and also for the sums of money due plaintiff from the
30 defendant under the order of support upon which the execution
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1 was issued at the time of the sale, together with interest on
2 the sums due plaintiff for support from the time the respective
3 sums become due.
4 (b) Allowance or assignment of credit.--The credit shall be
5 allowed plaintiff by the sheriff or plaintiff may assign the
6 sums due plaintiff to the purchaser of the property whereupon
7 credit shall be given to the purchaser by the sheriff for the
8 amount assigned.
9 § 4365. Rights of divorced person in entireties property sold
10 for support.
11 (a) General rule.--After the divorce of any spouse who is a
12 tenant by the entireties of real property with the former
13 spouse, the divorced spouse is entitled to all the rights and
14 remedies provided in this subchapter for the collection of any
15 sums of money ordered by a court to be paid to the divorced
16 spouse for the support of the children of the former spouse as
17 fully as if no divorce had occurred.
18 (b) Proceeds of sale.--Upon the sale of the real property
19 for the collection of any sums of money due the divorced spouse
20 under an order of court, the divorced spouse shall be entitled
21 to receive therefrom such sum of money as represents the share
22 of the divorced spouse in the property, as ordered by the court
23 under section 4362 (relating to plaintiff's share of proceeds of
24 sale), together with any sums which may be due to the divorced
25 spouse under an order of support against the former spouse.
26 § 4366. Other enforcement remedies preserved.
27 This subchapter and other provisions of this chapter do not
28 remove from the plaintiff the rights to any other existing
29 remedies to enforce a support order including, but not limited
30 to, the right of the plaintiff to institute proceedings against
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1 the real or personal property of the defendant.
2 CHAPTER 45
3 RECIPROCAL ENFORCEMENT OF
4 SUPPORT ORDERS
5 Sec.
6 4501. Short title and purposes of chapter.
7 4502. Definitions.
8 4503. Remedies additional to those now existing.
9 4504. Extent of duties of support.
10 4505. Interstate rendition.
11 4506. Conditions of interstate rendition.
12 4507. Choice of law.
13 4508. Remedies of state or political subdivision furnishing
14 support.
15 4509. How duties of support are enforced.
16 4510. Jurisdiction.
17 4511. Petition for support.
18 4512. Officials to represent obligee.
19 4513. Petition for a minor.
20 4514. Duty of initiating court.
21 4515. Costs and fees.
22 4516. Jurisdiction by arrest.
23 4517. State information agency.
24 4518. Duty of the court and officials of this Commonwealth
25 as responding state.
26 4519. Further duties of court and officials of responding
27 state.
28 4520. Hearing and continuance.
29 4521. Immunity from criminal prosecution.
30 4522. Evidence of husband and wife.
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1 4523. Rules of evidence.
2 4524. Order of support.
3 4525. Responding court to transmit copies to initiating court.
4 4526. Additional powers of responding court.
5 4527. Paternity.
6 4528. Additional duties of responding court.
7 4529. Additional duty of initiating court.
8 4530. Proceedings not to be stayed.
9 4531. Application of payments.
10 4532. Effect of participation in proceeding.
11 4533. Intrastate application.
12 4534. Appeals.
13 4535. Additional remedies.
14 4536. Registration.
15 4537. Registry of foreign support orders.
16 4538. Official to represent obligee.
17 4539. Registration procedure.
18 4540. Effect and enforcement of registered order.
19 § 4501. Short title and purposes of chapter.
20 (a) Short title.--This chapter shall be known and may be
21 cited as the Revised Uniform Reciprocal Enforcement of Support
22 Act (1968).
23 (b) Purposes.--The purposes of this chapter are to improve
24 and extend by reciprocal legislation the enforcement of duties
25 of support.
26 § 4502. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Court." The courts of common pleas of this Commonwealth and
19840H2133B2899 - 21 -
1 when the context requires, the court of any other state as
2 defined in a substantially similar reciprocal law.
3 "Duty of support." A duty of support whether imposed or
4 imposable by law or by order, decree, or judgment of any court,
5 whether interlocutory or final or whether incidental to an
6 action for divorce, separation, separate maintenance, or
7 otherwise and includes the duty to pay arrearages of support
8 past due and unpaid.
9 "Governor." Includes any person performing the functions of
10 Governor or the executive authority of any state covered by this
11 chapter.
12 "Initiating court." The court in which a proceeding is
13 commenced.
14 "Initiating state." A state in which a proceeding pursuant
15 to this or a substantially similar reciprocal law is commenced.
16 "Law." Includes both common and statutory law.
17 "Obligee." A person to whom a duty of support is owed or a
18 person including a state or political subdivision that has
19 commenced a proceeding for enforcement of an alleged duty of
20 support or for registration of a support order. It is immaterial
21 if the person to whom a duty of support is owned is a recipient
22 of public assistance.
23 "Obligor." Any person owing a duty of support or against
24 whom a proceeding for the enforcement of a duty of support or
25 registration of a support order is commenced.
26 "Prosecuting attorney." The public official in the
27 appropriate place who has the duty to enforce laws relating to
28 the failure to provide for the support of any person.
29 "Register." To record in the Registry of Foreign Support
30 Orders.
19840H2133B2899 - 22 -
1 "Registering court." Any court of this Commonwealth in which
2 a support order of a rendering state is registered.
3 "Rendering state." A state in which the court has issued a
4 support order for which registration is sought or granted in the
5 court of another state.
6 "Responding court." The court in which a responsive
7 proceeding is commenced.
8 "Responding state." A state in which any responsive
9 proceeding pursuant to the proceeding in the initiating state is
10 commenced.
11 "State." Includes a state, territory, or possession of the
12 United States, the District of Columbia, the Commonwealth of
13 Puerto Rico, and any foreign jurisdiction in which this or a
14 substantially similar reciprocal law is in effect.
15 "Support order." Any judgment, decree, or order of support
16 in favor of an obligee whether temporary or final, or subject to
17 modification, revocation, or remission, regardless of the kind
18 of action or proceeding in which it is entered.
19 § 4503. Remedies additional to those now existing.
20 The remedies provided in this chapter are in addition to and
21 not in substitution for any other remedies.
22 § 4504. Extent of duties of support.
23 Duties of support arising under the law of this Commonwealth,
24 when applicable under section 4507 (relating to choice of law),
25 bind the obligor present in this Commonwealth regardless of the
26 presence or residence of the obligee.
27 § 4505. Interstate rendition.
28 The Governor of this Commonwealth may:
29 (1) demand of the Governor of another state the
30 surrender of a person found in that state who is charged
19840H2133B2899 - 23 -
1 criminally in this Commonwealth with failing to provide for
2 the support of any person; or
3 (2) surrender on demand by the Governor of another state
4 a person found in this Commonwealth who is charged criminally
5 in that state with failing to provide for the support of any
6 person.
7 Provisions for extradition of criminals not inconsistent with
8 this chapter apply to the demand even if the person whose
9 surrender is demanded was not in the demanding state at the time
10 of the commission of the crime and has not fled therefrom. The
11 demand, the oath, and any proceedings for extradition pursuant
12 to this section need not state or show that the person whose
13 surrender is demanded has fled from justice or at the time of
14 the commission of the crime was in the demanding state.
15 § 4506. Conditions of interstate rendition.
16 (a) Obligor in another state.--Before making the demand upon
17 the Governor of another state for the surrender of a person
18 charged criminally in this Commonwealth with failing to provide
19 for the support of a person, the Governor of this Commonwealth
20 may require any prosecuting attorney of this Commonwealth to
21 satisfy him that at least 60 days prior thereto the obligee
22 initiated proceedings for support under this chapter or that the
23 initiation of any proceeding would be of no avail.
24 (b) Obligor in this Commonwealth.--If, under a substantially
25 similar law, the Governor of another state makes a demand upon
26 the Governor of this Commonwealth for the surrender of a person
27 charged criminally in that state with failure to provide for the
28 support of a person, the Governor may require any prosecuting
29 attorney to investigate the demand and to report to him whether
30 proceedings for support have been initiated or would be
19840H2133B2899 - 24 -
1 effective. If it appears to the Governor that a proceeding would
2 be effective but has not been initiated he may delay honoring
3 the demand for a reasonable time to permit the initiation of a
4 proceeding.
5 (c) Effect of support proceedings.--If proceedings have been
6 initiated and the person demanded has prevailed therein the
7 Governor may decline to honor the demand. If the obligee
8 prevailed and the person demanded is subject to a support order,
9 the Governor may decline to honor the demand if the person
10 demanded is complying with the support order.
11 § 4507. Choice of law.
12 Duties of support applicable under this chapter are those
13 imposed under the laws of any state where the obligor was
14 present for the period during which support is sought. The
15 obligor is presumed to have been present in the responding state
16 during the period for which support is sought until otherwise
17 shown.
18 § 4508. Remedies of state or political subdivision furnishing
19 support.
20 If a state or a political subdivision furnishes support to an
21 individual obligee it has the same right to initiate a
22 proceeding under this chapter as the individual obligee for the
23 purpose of securing reimbursement for support furnished and of
24 obtaining continuing support.
25 § 4509. How duties of support are enforced.
26 All duties of support, including the duty to pay arrearages,
27 are enforceable by a proceeding under this chapter including a
28 proceeding for civil contempt. The defense that the parties are
29 immune to suit because of their relationship as husband and wife
30 or parent and child is not available to the obligor.
19840H2133B2899 - 25 -
1 § 4510. Jurisdiction.
2 Jurisdiction of any proceeding under this chapter is vested
3 in the courts of common pleas.
4 § 4511. Petition for support.
5 (a) Contents.--The petition shall be verified and shall
6 state the name and, so far as known to the obligee, the address
7 and circumstances of the obligor, the persons for whom support
8 is sought, and all other pertinent information. The obligee may
9 include in or attach to the petition any information which may
10 help in locating or identifying the obligor including a
11 photograph of the obligor, a description of any distinguishing
12 marks on his person, other names and aliases by which he has
13 been or is known, the name of his employer, his fingerprints,
14 and his social security number.
15 (b) Filing.--The petition may be filed in the appropriate
16 court of any state in which the obligee resides. The court may
17 decline or refuse to accept and forward the petition on the
18 ground that it should be filed with some other court of this or
19 any other state where there is pending another action for
20 divorce, separation, annulment, dissolution, habeas corpus,
21 adoption, or custody between the same parties or where another
22 court has already issued a support order in some other
23 proceeding and has retained jurisdiction for its enforcement.
24 § 4512. Officials to represent obligee.
25 If this Commonwealth is acting as an initiating state the
26 prosecuting attorney upon the request of the court, or a
27 Commonwealth or local welfare official shall represent the
28 obligee in any proceeding under this chapter. If the prosecuting
29 attorney neglects or refuses to represent the obligee, the
30 Department of Public Welfare may undertake the representation.
19840H2133B2899 - 26 -
1 § 4513. Petition for a minor.
2 A petition on behalf of a minor obligee may be executed and
3 filed by a person having legal custody of the minor without
4 appointment as guardian ad litem.
5 § 4514. Duty of initiating court.
6 If the initiating court finds that the petition sets forth
7 facts from which it may be determined that the obligor owes a
8 duty of support and that a court of the responding state may
9 obtain jurisdiction of the obligor or his property it shall so
10 certify and cause three copies of the petition and its
11 certificate and one copy of this chapter to be sent to the
12 responding court. Certification shall be in accordance with the
13 requirements of the initiating state. If the name and address of
14 the responding court is unknown and the responding state has an
15 information agency comparable to that established in the
16 initiating state it shall cause the copies to be sent to the
17 state information agency or other proper official of the
18 responding state, with a request that the agency or official
19 forward them to the proper court and that the court of the
20 responding state acknowledge their receipt to the initiating
21 court.
22 § 4515. Costs and fees.
23 An initiating court shall not require payment of either a
24 filing fee or other costs from the obligee but may request the
25 responding court to collect fees and costs from the obligor. A
26 responding court shall not require payment of a filing fee or
27 other costs from the obligee but it may direct that all fees and
28 costs requested by the initiating court and all fees and costs
29 incurred in this Commonwealth when acting as a responding state,
30 including fees for filing of pleadings, service of process,
19840H2133B2899 - 27 -
1 seizure of property, stenographic or duplication service, or
2 other service supplied to the obligor, be paid in whole or in
3 part by the obligor or by the state or political subdivision
4 thereof. These costs or fees do not have priority over amounts
5 due to the obligee.
6 § 4516. Jurisdiction by arrest.
7 (a) General rule.--If the court of this Commonwealth
8 believes that the obligor may flee it may:
9 (1) as an initiating court, request in its certificate
10 that the responding court obtain the body of the obligor by
11 appropriate process; or
12 (2) as a responding court, obtain the body of the
13 obligor by appropriate process. Thereupon it may release him
14 upon his own recognizance or upon his giving a bond in an
15 amount set by the court to assure his appearance at the
16 hearing. When the obligor is detained for the hearing, the
17 hearing shall be held within 15 days from the date of arrest.
18 The court may compel the attendance at a hearing by
19 attachment process directed to the sheriff or other proper
20 officer of the county directing and commanding that the
21 obligor be brought before the court at such time as the court
22 may direct. If the court, whenever an attachment is issued in
23 any county as provided in this paragraph, shall find after
24 hearing that the obligor has willfully neglected or refused
25 to comply with any order of the court, the court may adjudge
26 such person in contempt of court and, in its discretion, may
27 commit such person to the county jail or house of correction
28 until compliance with such order, but in no case for a period
29 exceeding six months. The court in its order shall state the
30 condition upon which fulfillment will result in the release
19840H2133B2899 - 28 -
1 of the obligor.
2 (b) Philadelphia cases.--In the first judicial district the
3 obligor shall be brought before the court forthwith, but in any
4 event within 48 hours or two court working days, whichever is
5 the longer from the time the obligor is taken in custody
6 pursuant to the attachment; at which time, if the court shall
7 find, after hearing, that the obligor is about to leave the
8 jurisdiction, the court may direct that he give security, by one
9 or more sureties, to appear when directed by the court, or to
10 comply with any order of court.
11 § 4517. State information agency.
12 (a) General rule.--The Department of Public Welfare is
13 designated as the state information agency under this chapter.
14 It shall:
15 (1) Compile a list of the courts and their addresses in
16 this Commonwealth having jurisdiction under this chapter and
17 transmit it to the state information agency of every other
18 state which has adopted this or a substantially similar law.
19 Upon the adjournment of each session of the General Assembly
20 the agency shall distribute copies of any amendments to this
21 chapter and a statement of their effective date to all other
22 state information agencies.
23 (2) Maintain a register of lists of courts received from
24 other states and transmit copies thereof promptly to every
25 court in this Commonwealth having jurisdiction under this
26 chapter.
27 (3) Forward to the court in this Commonwealth which has
28 jurisdiction over the obligor or his property petitions,
29 certificates and copies of the laws it receives from courts
30 or information agencies of other states.
19840H2133B2899 - 29 -
1 (b) Inquiry for obligor.--If the state information agency
2 does not know the location of the obligor or his property in the
3 state and no state location service is available it shall use
4 all means at its disposal to obtain this information, including
5 the examination of official records in the state and other
6 sources such as telephone directories, real property records,
7 vital statistics records, police records, requests for the name
8 and address from employers who are able or willing to cooperate,
9 records of motor vehicle license offices, requests made to the
10 tax offices, both State and Federal, where such offices are able
11 to cooperate, and requests made to the Social Security
12 Administration as permitted by the Social Security Act as
13 amended.
14 (c) Department of Public Welfare prosecution.--After the
15 deposit of three copies of the petition and certificate and one
16 copy of the law of the initiating state with the clerk of the
17 appropriate court, if the state information agency knows or
18 believes that the prosecuting attorney is not prosecuting the
19 case diligently it shall inform the Department of Public
20 Welfare, who may undertake the representation.
21 § 4518. Duty of the court and officials of this Commonwealth as
22 responding state.
23 (a) Docketing and notice.--After the responding court
24 receives copies of the petition, certificate and law from the
25 initiating court the clerk of the court shall docket the case
26 and notify the prosecuting attorney of his action.
27 (b) District attorney prosecution.--The prosecuting attorney
28 shall prosecute the case diligently. He shall take all action
29 necessary in accordance with the laws of this Commonwealth to
30 enable the court to obtain jurisdiction over the obligor or his
19840H2133B2899 - 30 -
1 property and shall request the clerk of the court to set a time
2 and place for a hearing and give notice thereof to the obligor
3 in accordance with law.
4 (c) Department of Public Welfare prosecution.--If the
5 prosecuting attorney neglects or refuses to represent the
6 obligee, the Department of Public Welfare may undertake the
7 representation.
8 § 4519. Further duties of court and officials of responding
9 state.
10 (a) General rule.--The prosecuting attorney on his own
11 initiative shall use all means at his disposal to locate the
12 obligor or his property, and if because of inaccuracies in the
13 petition or otherwise the court cannot obtain jurisdiction the
14 prosecuting attorney shall inform the court of what he has done
15 and request the court to continue the case pending receipt of
16 more accurate information or an amended petition from the
17 initiating court.
18 (b) Forwarding of documents.--If the obligor or his property
19 is not found in the county, and the prosecuting attorney
20 discovers that the obligor or his property may be found in
21 another county of this Commonwealth or in another state he shall
22 so inform the court. Thereupon the clerk of the court shall
23 forward the documents received from the court in the initiating
24 state to a court in the other county or to a court in the other
25 state or to the information agency or other proper official of
26 the other state with a request that the documents be forwarded
27 to the proper court. All powers and duties provided by this
28 chapter apply to the recipient of the documents so forwarded. If
29 the clerk of a court of this Commonwealth forwards documents to
30 another court he shall forthwith notify the initiating court.
19840H2133B2899 - 31 -
1 (c) Notice of no information.--If the prosecuting attorney
2 has no information as to the location of the obligor or his
3 property he shall so inform the initiating court.
4 § 4520. Hearing and continuance.
5 If the obligee is not present at the hearing and the obligor
6 denies owing the duty of support alleged in the petition or
7 offers evidence constituting a defense the court, upon request
8 of either party, shall continue the hearing to permit evidence
9 relative to the duty to be adduced by either party by deposition
10 or by appearing in person before the court. The court may
11 designate the judge of the initiating court as a person before
12 whom a deposition may be taken.
13 § 4521. Immunity from criminal prosecution.
14 If at the hearing the obligor is called for examination as an
15 adverse party and he declines to answer upon the ground that his
16 testimony may tend to incriminate him, the court may require him
17 to answer, in which event he is immune from criminal prosecution
18 with respect to matters revealed by his testimony, except for
19 perjury committed in this testimony.
20 § 4522. Evidence of husband and wife.
21 Laws attaching a privilege against the disclosure of
22 communications between husband and wife are inapplicable to
23 proceedings under this chapter. Husband and wife are competent
24 witnesses and may be compelled to testify to any relevant
25 matter, including marriage and parentage.
26 § 4523. Rules of evidence.
27 In any hearing for the civil enforcement of this chapter the
28 court is governed by the rules of evidence applicable in a civil
29 matter in the court of common pleas. If the action is based on a
30 support order issued by another court a certified copy of the
19840H2133B2899 - 32 -
1 order shall be received as evidence of the duty of support,
2 subject only to any defenses available to an obligor under
3 section 4527 (relating to paternity) or to a defendant in an
4 action or a proceeding to enforce a foreign money judgment. The
5 determination or enforcement of a duty of support owed to one
6 obligee is unaffected by any interference by another obligee
7 with rights of custody or visitation granted by a court.
8 § 4524. Order of support.
9 If the responding court finds a duty of support it may order
10 the obligor to furnish support or reimbursement therefor and
11 subject the property of the obligor to the order. Support orders
12 made pursuant to this chapter shall require that payments be
13 made to the clerk of the court of the responding state, or to
14 other officer designated by the court. The court and prosecuting
15 attorney of any county in which the obligor is present or has
16 property have the same powers and duties to enforce the order as
17 have those of the county in which it was first issued. If
18 enforcement is impossible or cannot be completed in the county
19 in which the order was issued, the prosecuting attorney shall
20 send a certified copy of the order to the prosecuting attorney
21 of any county in which it appears that proceedings to enforce
22 the order would be effective. The prosecuting attorney to whom
23 the certified copy of the order is forwarded shall proceed with
24 enforcement and report the results of the proceedings to the
25 court first issuing the order.
26 § 4525. Responding court to transmit copies to initiating
27 court.
28 The responding court shall cause a copy of all support orders
29 to be sent to the initiating court.
30 § 4526. Additional powers of responding court.
19840H2133B2899 - 33 -
1 In addition to the foregoing powers set forth in this chapter
2 a responding court may subject the obligor to any terms and
3 conditions proper to assure compliance with its orders and in
4 particular to:
5 (1) Require the obligor to furnish a cash deposit or a
6 bond of a character and amount to assure payment of any
7 amount due.
8 (2) Require the obligor to report personally and to make
9 payments at specific intervals to the clerk of the court, or
10 to other officer designated by the court.
11 (3) Punish under the power of contempt the obligor who
12 violates any order of the court. No such punishment shall be
13 administered until the court shall find, after hearing, that
14 the violation was willful.
15 § 4527. Paternity.
16 If the obligor asserts as a defense that he is not the father
17 of the child for whom support is sought and it appears to the
18 court that the defense is not frivolous, and if both of the
19 parties are present at the hearing or the proof required in the
20 case indicates that the presence of either or both of the
21 parties is not necessary, the court may adjudicate the paternity
22 issue. Otherwise the court may adjourn the hearing until the
23 paternity issue has been adjudicated.
24 § 4528. Additional duties of responding court.
25 A responding court has the following duties which may be
26 carried out through the clerk of the court, or other officer
27 designated by the court:
28 (1) To transmit to the initiating court any payment made
29 by the obligor pursuant to any order of the court or
30 otherwise.
19840H2133B2899 - 34 -
1 (2) To furnish to the initiating court upon request a
2 certified statement of all payments made by the obligor.
3 § 4529. Additional duty of initiating court.
4 An initiating court shall receive and disburse forthwith all
5 payments made by the obligor or sent by the responding court.
6 This duty may be carried out through the clerk of the court, or
7 other officer designated by the court.
8 § 4530. Proceedings not to be stayed.
9 A responding court shall not stay the proceeding or refuse a
10 hearing under this chapter because of any pending or prior
11 action or proceeding for divorce, separation, annulment,
12 dissolution, habeas corpus, adoption, or custody in this
13 Commonwealth or any other state. The court shall hold a hearing
14 and may issue a support order pendente lite. In aid thereof it
15 may require the obligor to give a bond for the prompt
16 prosecution of the pending proceeding. If the other action or
17 proceeding is concluded before the hearing in the instant
18 proceeding and the judgment therein provides for the support
19 demanded in the petition being heard the court must take into
20 account in placing its support order the amount allowed in the
21 other action or proceeding. Thereafter the court shall not stay
22 enforcement of its support order because of the retention of
23 jurisdiction for enforcement purposes by the court in the other
24 action or proceeding.
25 § 4531. Application of payments.
26 A support order made by a court of this Commonwealth pursuant
27 to this chapter does not nullify and is not nullified by a
28 support order made by a court of this Commonwealth pursuant to
29 any other law or by a support order made by a court of any other
30 state pursuant to a substantially similar law or any other law,
19840H2133B2899 - 35 -
1 regardless of priority of issuance, unless otherwise
2 specifically provided by the court. Amounts paid for a
3 particular period pursuant to any support order made by the
4 court of another state shall be credited against the amounts
5 accruing or accrued for the same period under any support order
6 made by the court of this Commonwealth.
7 § 4532. Effect of participation in proceeding.
8 Participation in any proceeding under this chapter does not
9 confer jurisdiction upon any court over any of the parties
10 thereto in any other proceeding.
11 § 4533. Intrastate application.
12 This chapter applies if both the obligee and the obligor are
13 in this Commonwealth but in different counties. If the court of
14 the county in which the petition is filed finds that the
15 petition sets forth facts from which it may be determined that
16 the obligor owes a duty of support and finds that a court of
17 another county in this Commonwealth may obtain jurisdiction over
18 the obligor or his property, the clerk of the court shall send
19 the petition and a certification of the findings to the court of
20 the county in which the obligor or his property is found. The
21 clerk of the court of the county receiving these documents shall
22 notify the prosecuting attorney of their receipt. The
23 prosecuting attorney and the court in the county to which the
24 copies are forwarded then shall have duties corresponding to
25 those imposed upon them when acting for this Commonwealth as a
26 responding state.
27 § 4534. Appeals.
28 (a) By Department of Public Welfare.--If the Department of
29 Public Welfare is of the opinion that a support order is
30 erroneous, or inadequate, or presents a question of law
19840H2133B2899 - 36 -
1 warranting an appeal in the public interest, it may:
2 (1) perfect an appeal to the proper appellate court if
3 the support order was issued by a court of this Commonwealth;
4 or
5 (2) if the support order was issued in another state,
6 cause the appeal to be taken in the other state.
7 In either case expenses of appeal taken by such department may
8 be paid from funds appropriated to the Department of Public
9 Welfare.
10 (b) By obligee.--In the event the Department of Public
11 Welfare fails or refuses to file an appeal on behalf of the
12 obligee, such obligee may file such appeal as provided in
13 subsection (a)(1) and (2).
14 (c) By obligor.--The obligor shall have the right to file an
15 appeal to the proper appellate court if the support order was
16 issued by a court of this Commonwealth, or may cause the appeal
17 to be taken in the other state, if the support order was issued
18 in another state.
19 § 4535. Additional remedies.
20 If the duty of support is based on a foreign support order,
21 the obligee has the additional remedies provided in the
22 following sections of this chapter.
23 § 4536. Registration.
24 The obligee may register the foreign support order in a court
25 of this Commonwealth in the manner, with the effect, and for the
26 purposes provided in this chapter.
27 § 4537. Registry of foreign support orders.
28 The clerk of the court shall maintain a registry of foreign
29 support orders in which he shall file foreign support orders.
30 § 4538. Official to represent obligee.
19840H2133B2899 - 37 -
1 (a) General rule.--If this Commonwealth is acting either as
2 a rendering or a registering state the prosecuting attorney upon
3 the request of the court, or a Commonwealth or other local
4 welfare official, shall represent the obligee in proceedings
5 under this chapter.
6 (b) Department of Public Welfare prosecution.--If the
7 prosecuting attorney neglects or refuses to represent the
8 obligee, the Department of Public Welfare may undertake the
9 representation.
10 § 4539. Registration procedure.
11 (a) General rule.--An obligee seeking to register a foreign
12 support order in a court of this Commonwealth shall transmit to
13 the clerk of the court:
14 (1) One certified copy of the order with all
15 modifications thereof.
16 (2) One copy of the reciprocal enforcement of support
17 law of the state in which the order was made.
18 (3) A statement verified and signed by the obligee,
19 showing the post office address of the obligee, the last
20 known place of residence and post office address of the
21 obligor, the amount of support remaining unpaid, a
22 description and the location of any property of the obligor
23 available upon execution, and a list of the states in which
24 the order is registered.
25 Upon receipt of these documents the clerk of the court, without
26 payment of a recording fee or other cost to the obligee, shall
27 record them in the registry of foreign support orders. The
28 recording constitutes registration under this chapter.
29 (b) Notice.--Within ten days after the registration the
30 clerk of the court shall send by certified or registered mail to
19840H2133B2899 - 38 -
1 the obligor at the address given a notice of the registration
2 with a copy of the registered support order and the post office
3 address of the obligee. He shall also docket the case and notify
4 the prosecuting attorney of his action. The prosecuting attorney
5 shall proceed diligently to enforce the order.
6 § 4540. Effect and enforcement of registered order.
7 (a) Effect.--Upon registration the registered foreign
8 support order shall be treated in the same manner as a support
9 order issued by a court of this Commonwealth. It has the same
10 effect and is subject to the same procedures, defenses, and
11 proceedings for reopening, vacating, or staying as a support
12 order of this Commonwealth and may be enforced and satisfied in
13 like manner.
14 (b) Challenge to order.--The obligor has 20 days after the
15 mailing of notice of the registration in which to petition the
16 court to vacate the registration or for other relief. If he does
17 not so petition the registered support order is confirmed.
18 (c) Procedure.--At the hearing to enforce the registered
19 support order the obligor may present only matters that would be
20 available to him as defenses in an action to enforce a foreign
21 money judgment. If he shows to the court that an appeal from the
22 order is pending or will be taken or that a stay of execution
23 has been granted the court shall stay enforcement of the order
24 until the appeal is concluded, the time for appeal has expired,
25 or the order is vacated, upon satisfactory proof that the
26 obligor has furnished security for payment of the support
27 ordered as required by the rendering state. If he shows to the
28 court any ground upon which enforcement of a support order of
29 this Commonwealth may be stayed the court shall stay enforcement
30 of the order for an appropriate period if the obligor furnishes
19840H2133B2899 - 39 -
1 the same security for payment of the support ordered that is
2 required for a support order of this Commonwealth.
3 Section 2. Savings provision.--(a) This act does not
4 affect:
5 (1) Any court order or decree entered, act done,
6 liability incurred or right accrued or vested.
7 (2) Any action or proceeding pending.
8 (3) The ability to enforce any right to penalty or
9 punish any offense under the authority of statutes repealed
10 by this act.
11 (b) This act does not repeal or modify sections 1, 2, 3, 4,
12 5 and 6 of the act of June 24, 1937 (P.L.2045, No.397), known as
13 The Support Law.
14 Section 3. Repeals.--(a) The following acts or parts of
15 acts are repealed:
16 Act of February 22, 1718 (1 Sm.L. 99, Ch.226), entitled "An
17 act concerning feme-sole traders."
18 Act of April 11, 1848 (P.L.536, No.372), entitled "A
19 supplement to an act, entitled 'An Act relative to the Le
20 Raysville Phalanx," passed March, Anno Domini one thousand eight
21 hundred and forty-seven, and relative to obligators and
22 obligees, to secure the right of married women, in relation to
23 defalcation, and to extend the boundaries of the borough of
24 Ligonier."
25 Act of April 22, 1850 (P.L.549, No.342), entitled "A
26 supplement to an act, entitled 'An Act to prevent waste in
27 certain cases within this commonwealth,' passed the twenty-ninth
28 day of March, one thousand eight hundred and twenty-two; to land
29 and building associations; giving the court of Susquehanna
30 county jurisdiction in a certain case; relative to the service
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1 of process in certain cases; to party walls in West
2 Philadelphia; to the proof of a certain will; to the sale and
3 purchase of certain burial grounds in Philadelphia; to the
4 laying of gas pipes in the district of Moyamensing; to the
5 release of certain sureties in Erie county; to the State Lunatic
6 hospital; relative to the service of process against sheriffs;
7 to the rights of married women; to ground rents; and relating to
8 foreign insurance companies."
9 Act of April 15, 1851 (P.L.669, No.358), entitled "An act to
10 incorporate a company to erect a bridge over the river
11 Schuylkill at Spring Mill, in Montgomery county, relative to the
12 nineteenth section of 'An act regulating certain election
13 districts, &c,' approved March twenty-ninth, eighteen hundred
14 and fifty-one, to school directors in Philadelphia county, to
15 actions for damages sustained by injuries done to the person by
16 negligence or default, relative to the accounts of John Humes,
17 deceased, to authorize the trustees of the Seventh Presbyterian
18 church of Philadelphia to convey certain real estate, to
19 security for moneys loaned by wives to husbands, to unpaid
20 school taxes in Bradford county, and relative to service or
21 process on agents of joint stock companies."
22 Act of May 4, 1855 (P.L.430, No.456), entitled "An act
23 relating to certain duties and rights of Husband and Wife, and
24 Parents and Children."
25 Act of April 11, 1856 (P.L.315, No.334), entitled "An act
26 relating to the rights of property of Husband and Wife."
27 Act of April 1, 1863 (P.L.212, No.225), entitled "A
28 supplement to the act to secure the rights of married women,
29 passed the eleventh day of April, Anno Domini one thousand eight
30 hundred and forty-eight."
19840H2133B2899 - 41 -
1 Act of April 3, 1872 (P.L.35, No.24), entitled "An act
2 securing to married women their separate earnings."
3 Act of June 11, 1879 (P.L.126, No.129), entitled "An act
4 relative to actions brought by husband and wife, or by the wife
5 alone, for her separate property, in cases of desertion."
6 Act of June 8, 1893 (P.L.344, No.284), entitled "An act
7 relating to husband and wife, enlarging her capacity to acquire
8 and dispose of property, to sue and be sued, and to make a last
9 will, and enabling them to sue and to testify against each other
10 in certain cases."
11 Act of July 9, 1897 (P.L.212, No.171), entitled "An act
12 authorizing married women, living separate and apart from their
13 husbands under separation agreements, to convey and encumber
14 their real estate without the joinder of their husbands."
15 Act of June 4, 1901 (P.L.425, No.233), entitled "An act
16 regulating trusts arising from the payment of the purchase money
17 of land by one person, and the taking of the legal title in the
18 name of another."
19 Act of May 23, 1907 (P.L.227, No.176), entitled "An act
20 relating to husband and wife, and to enlarge the rights and
21 remedies of married women in case of desertion or non-support by
22 husband."
23 Act of June 3, 1911 (P.L.631, No.241), entitled "An act
24 authorizing a married woman to make conveyances of real estate
25 to her husband, and validating all such conveyances heretofore
26 made."
27 Act of May 1, 1913 (P.L.146, No.97), entitled "An act
28 enabling a married woman, who has been deserted, abandoned, or
29 driven from her home by her husband, to sue her husband, upon
30 any cause of action whatsoever; and making such wife a competent
19840H2133B2899 - 42 -
1 witness against the husband in such case."
2 Act of June 11, 1913 (P.L.468, No.313), entitled "An act to
3 provide for the execution of orders of the court of quarter
4 sessions, or other court of competent jurisdiction, for support
5 and maintenance of a wife or children, or both, and for the
6 execution of judgment entered upon contracts for such support
7 and maintenance, by subjecting estates owned by the husband and
8 wife by entireties, and the rents, issues and profits thereof,
9 to such executions; defining the title of the purchaser at the
10 sheriff's sale on such executions; and providing for the
11 application of the proceeds of such sales."
12 Act of June 12, 1913 (P.L.502, No.330), entitled "An act to
13 increase the powers of courts in summary proceedings for
14 desertion or non-support of wives, children, or aged parents, by
15 directing that imprisonment in such cases be at hard labor in
16 such institution as the court shall name, with the wages payable
17 to the wives, children, or parents; providing for the
18 disbursement of moneys collected on forfeitures of bonds, bail-
19 bonds, or recognizances; and by empowering such courts to
20 appoint desertion probation officers for the performance of such
21 duties as the court shall direct; and providing for the payment
22 of the expenses incident to the carrying out of this act."
23 Act of May 28, 1915 (P.L.639, No.279), entitled "An act to
24 permit a married woman whose husband has lived separate and
25 apart from her for one year or more, and who during that time
26 has not been supported by her husband, to become a feme sole
27 trader."
28 Act of June 2, 1919 (P.L.363, No.177), entitled "An act to
29 quiet the title or real estate by providing that the sale of
30 real estate of any bankrupt or insolvent debtor shall pass the
19840H2133B2899 - 43 -
1 title of such real estate freed from any claims for, or rights
2 to, any statutory interest inchoate of the spouse of the
3 bankrupt or insolvent debtor."
4 Act of May 10, 1921 (P.L.434, No.210), entitled "An act to
5 empower courts of competent jurisdiction to issue writs of
6 execution against property of defendant, and attachment
7 execution or in the nature of attachment execution against
8 trusts, including those commonly known as spendthrift trusts, no
9 matter when such trusts were created, in cases where an order,
10 award, or decree has been made against a husband for the support
11 of his wife or children or both; making such attachment
12 execution against trusts a continuing lien and levy for fifty
13 per centum of such money or property until the order, judgment,
14 or decree is paid in full with costs; and abolishing the benefit
15 of the exemption law in such cases."
16 Act of May 24, 1923 (P.L.446, No.238), entitled "An act
17 authorizing the sale of real estate held by entireties by
18 husband and wife when an order of support has been secured
19 against the husband who has neglected to comply with the same,
20 or whose whereabouts is unknown, or who has absented himself
21 from this Commonwealth; prescribing the procedure to be
22 followed; permitting husband and wife to testify; providing for
23 the disposition of the proceeds of such sale; and granting a
24 divorced woman the same rights under this act as a wife."
25 Section 7 of the act of June 24, 1937 (P.L.2045, No.397),
26 known as The Support Law.
27 Act of July 17, 1957 (P.L.969, No.417), entitled "An act
28 enlarging the rights and powers of married women as to property
29 and contracts and repealing certain provisions."
30 Act of August 7, 1961 (P.L.961, No.426), entitled "An act
19840H2133B2899 - 44 -
1 authorizing minor spouses to join their adult spouse in the
2 conveyance or mortgaging of their real estate and to execute
3 bonds or other obligations in connection therewith and
4 validating such action taken."
5 18 Pa.C.S. Ch. 43, Subch. B (relating to nonsupport).
6 42 Pa.C.S. Ch. 67 (relating to support proceedings).
7 (b) All other acts and parts of acts are repealed insofar as
8 they are inconsistent with this act.
9 Section 4. Effective date.--This act shall take effect in 90
10 days.
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