PRINTER'S NO. 512
No. 474 Session of 1987
INTRODUCED BY HAGARTY, KOSINSKI, McHALE, McVERRY, BORTNER,
WOGAN, BALDWIN, LASHINGER, JOSEPHS, HECKLER, KUKOVICH, TIGUE,
STABACK, JACKSON, NOYE, LIVENGOOD, DURHAM, SCHEETZ, LANGTRY,
NAHILL, SHOWERS, JOHNSON, GRUPPO, J. L. WRIGHT, WILSON,
S. H. SMITH, MAIALE, HOWLETT, E. Z. TAYLOR, RAYMOND, SWEET,
FREEMAN, LINTON, KASUNIC, GODSHALL, HALUSKA, TRELLO, CLYMER,
ITKIN, LEVDANSKY, COHEN, WASS, VEON, BOOK, MERRY, BELFANTI,
LESCOVITZ, BATTISTO, D. W. SNYDER, SEMMEL, MORRIS, VROON,
FISCHER, HERSHEY, CHADWICK, LaGROTTA, GEIST, PUNT, BOWSER,
HERMAN, PERZEL, BARLEY, DORR, FREIND, FOX, KENNEY, J. TAYLOR,
SAURMAN, FLICK, PETRARCA, OLASZ, CIVERA, FARGO AND CORNELL,
FEBRUARY 25, 1987
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 1987
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing procedures for interstate
3 cooperation in the enforcement of support orders through
4 income withholding.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 23 of the Pennsylvania Consolidated
8 Statutes is amended by adding a chapter to read:
9 CHAPTER 47
10 INTERSTATE INCOME WITHHOLDING
11 Sec.
12 4701. Short title of chapter.
13 4702. Definitions.
14 4703. Initiation of income withholding and cooperation with
1 other jurisdictions.
2 4704. Entry of support order of another jurisdiction.
3 4705. Notice.
4 4706. Income withholding hearing.
5 4707. Income withholding.
6 4708. Notice to employer and other provisions.
7 4709. Distribution of collected support payments.
8 4710. Changes.
9 4711. Voluntary income withholding.
10 4712. Choice of law.
11 4713. Construction of chapter.
12 § 4701. Short title of chapter.
13 This chapter shall be known and may be cited as the
14 Interstate Income Withholding Act.
15 § 4702. Definitions.
16 The following words and phrases when used in this chapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Agency." The domestic relations sections of the courts of
20 common pleas of this Commonwealth and, when the context
21 requires, means either the court or agency of any other
22 jurisdiction with functions similar to those described in this
23 part, including the issuance and enforcement of support orders.
24 "Child." Any child, whether above or below the age of
25 majority, with respect to whom a support order exists.
26 "Court." The courts of common pleas of this Commonwealth
27 and, when the context requires, means either the court or agency
28 of any other jurisdiction with functions similar to those
29 described in this part, including the issuance and enforcement
30 of support orders.
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1 "Employer." Any payor of income.
2 "Income." Income as defined in section 4302 (relating to
3 definitions).
4 "Income derived in this jurisdiction." Any income, the payor
5 of which is subject to the jurisdiction of this Commonwealth for
6 the purpose of imposing and enforcing income withholding under
7 Subchapter C of Chapter 43 (relating to proceedings generally).
8 "Jurisdiction." Any state or political subdivision,
9 territory or possession of the United States, the District of
10 Columbia and the Commonwealth of Puerto Rico.
11 "Obligee." Any person or entity which is entitled to receive
12 support under an order of support. The term includes an agency
13 of another jurisdiction to which a person has assigned the
14 person's right to support.
15 "Obligor." Any person required to make payments under the
16 terms of a support order for a child, spouse or former spouse.
17 "Support order." Any order, decree or judgment for the
18 support, or for the payment of arrearages on such support, of a
19 child, spouse or former spouse issued by a court or agency of
20 another jurisdiction, whether interlocutory or final, whether or
21 not prospectively or retroactively modifiable, whether
22 incidental to a proceeding for divorce, judicial or legal
23 separation, separate maintenance, paternity, guardianship, civil
24 protection or otherwise.
25 § 4703. Initiation of income withholding and cooperation with
26 other jurisdictions.
27 On behalf of any client for whom the agency is already
28 providing services or on application of a resident of this
29 Commonwealth, an obligee or obligor of a support order issued by
30 the Commonwealth or an agency to whom the obligee has assigned
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1 support rights, the agency shall promptly request the agency of
2 another jurisdiction in which the obligor of a support order
3 derives income to enter the order for the purpose of obtaining
4 income withholding against such income. The agency shall compile
5 and transmit promptly to the agency of the other jurisdiction
6 all documentation required to enter a support order for this
7 purpose. The agency also shall transmit immediately to the
8 agency of the other jurisdiction a certified copy of any
9 subsequent modifications of the support order. If the agency
10 receives notice that the obligor is contesting income
11 withholding in another jurisdiction, it shall immediately notify
12 the individual obligee of the date, time and place of the
13 hearings and of the obligee's right to attend.
14 § 4704. Entry of support order of another jurisdiction.
15 (a) Filing with clerk of courts.--Upon receiving a support
16 order of another jurisdiction with the documentation specified
17 in subsection (b) from an agency of another jurisdiction, an
18 obligee, an obligor or an attorney for either, the agency shall
19 file these documents with the clerk of the court in which
20 withholding is being sought. Alternatively, the obligor or
21 obligee may file the documents specified in subsection (b) with
22 the clerk of the court in which income withholding is being
23 sought. The clerk of the court shall accept the documents filed,
24 and such acceptance shall constitute entry of the support order
25 under this chapter.
26 (b) Documentation required.--The following documentation is
27 required for the entry of a support order of another
28 jurisdiction:
29 (1) A certified copy of the support order with all
30 modifications.
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1 (2) A certified copy of an income withholding order or
2 notice, if any, still in effect.
3 (3) A copy of the portion of the income withholding
4 statute of the jurisdiction which issued the support order
5 which states the requirements for obtaining income
6 withholding under the law of that jurisdiction.
7 (4) A sworn statement of the obligee or certified
8 statement of the agency of the arrearages and the assignment
9 of support rights, if any.
10 (5) A statement of:
11 (i) The name, address and Social Security number of
12 the obligor, if known.
13 (ii) The name and address of the obligor's employer
14 or of any other source of income of the obligor derived
15 in this Commonwealth against which income withholding is
16 sought.
17 (iii) The name and address of the agency or person
18 to whom support payments collected by income withholding
19 shall be transmitted.
20 (c) Corrections, etc.--If the documentation received by the
21 agency under subsection (a) does not conform to the requirements
22 of subsection (b), the agency shall remedy any defect which it
23 can without the assistance of the requesting agency or person.
24 If the agency is unable to make such corrections, the requesting
25 agency or person shall immediately be notified of the necessary
26 additions or corrections. In neither case shall the
27 documentation be returned. The agency and court shall accept the
28 documentation required by subsections (a) and (b) even if it is
29 not in the usual form required by State or local rules, so long
30 as the substantive requirements of these subsections are met.
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1 (d) Enforcement.--A support order entered under subsection
2 (a) shall be enforceable by income withholding against income
3 derived in this Commonwealth in the manner and with the effect
4 as set forth in this chapter and section 4348 (relating to
5 attachment of income). The entry of the order shall not confer
6 jurisdiction on the courts of this Commonwealth for any purpose
7 other than income withholding.
8 § 4705. Notice.
9 (a) Service upon obligor.--On the date a support order is
10 entered under section 4704 (relating to entry of support order
11 of another jurisdiction), the agency shall serve, upon the
12 obligor, notice of a proposed income withholding. This notice
13 shall contain the same information required in section 4348(e)
14 (relating to attachment of income). The notice shall also advise
15 the obligor that the income withholding was requested on the
16 basis of a support order of another jurisdiction.
17 (b) Hearing.--If the obligor seeks a hearing to contest the
18 proposed income withholding, the agency shall immediately notify
19 the requesting agency, obligee, obligor or an attorney for
20 either of the date, time and place of the hearing and of the
21 obligee's right to attend the hearing.
22 § 4706. Income withholding hearing.
23 (a) Evidence.--At any hearing contesting proposed income
24 withholding based on a support order entered under section 4704
25 (relating to entry of support order of another jurisdiction),
26 the entered order, the accompanying sworn or certified statement
27 and a certified copy of an income withholding order, if any,
28 still in effect shall constitute prima facie evidence, without
29 further proof or foundation, that the support order is valid,
30 that the amount of current support payments and arrearages is as
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1 stated and that the obligee would be entitled to income
2 withholding under the law of the jurisdiction which issued the
3 support order.
4 (b) Defenses available to obligor.--Once a prima facie case
5 has been established, the obligor may raise only one or more of
6 the following:
7 (1) That withholding is not proper because of a mistake
8 of fact that is not res judicata concerning such matters as
9 an error in the amount of current support owed or arrearage
10 that had accrued, mistaken identity of the obligor or an
11 error in the amount of income to be withheld.
12 (2) That the court or agency which issued the support
13 order entered under this chapter lacked personal jurisdiction
14 over the obligor.
15 (3) That the support order entered under this chapter
16 was obtained by fraud.
17 (4) That the statute of limitations under section
18 4712(c) (relating to choice of law) precludes enforcement of
19 all or part of the arrearages.
20 The burden shall be on the obligor to establish these defenses.
21 (c) Further proceedings.--If the obligor presents evidence
22 which constitutes a full or partial defense, the court shall, on
23 the request of the obligee, continue the case to permit further
24 evidence relative to the defense to be adduced by either party.
25 If, however, the obligor acknowledges liability sufficient to
26 entitle the obligee to income withholding, the court shall
27 require income withholding for the payment of current support
28 payments under the support order and of so much of any arrearage
29 as is not in dispute, while continuing the case with respect to
30 those matters still in dispute. The court shall determine those
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1 matters still in dispute as soon as possible and, if
2 appropriate, shall modify the withholding order to conform to
3 that resolution.
4 (d) Testimony, discovery, etc.--In addition to other
5 procedural devices available to a party, any party to the
6 proceeding or a guardian ad litem or other representative of the
7 child may adduce testimony of witnesses in another state,
8 including the parties and any of the children, by deposition, by
9 written discovery, by photographic discovery such as videotaped
10 depositions or by personal appearance before the court by
11 telephone or photographic means. The court, on its own motion,
12 may direct that the testimony of a person be taken in another
13 state and may prescribe the manner in which and the terms upon
14 which the testimony shall be taken.
15 (e) Request to another state to hold hearing, etc.--A court
16 of this Commonwealth may request the appropriate court or agency
17 of another state to hold a hearing to adduce evidence, to permit
18 a deposition to be taken before the court or agency, to order a
19 party to produce or give evidence under other procedures of that
20 state and to forward to the court certified copies of the
21 evidence adduced in compliance with the request.
22 (f) Requests by another state for hearing, etc.--Upon
23 request of a court or agency of another state, the courts may
24 order a person in this Commonwealth to appear at a hearing or
25 deposition before the court to adduce evidence or to produce or
26 give evidence under other procedures available in this
27 Commonwealth. A certified copy of the evidence adduced, such as
28 a transcript or videotape, shall be forwarded by agency to the
29 requesting court or agency.
30 (g) Voluntary testimony.--A person in this Commonwealth may
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1 voluntarily testify by statement or affidavit in this
2 Commonwealth for use in a proceeding to obtain income
3 withholding outside this Commonwealth.
4 § 4707. Income withholding.
5 If the obligor does not request a hearing in the time
6 provided or if a hearing is held and it is determined that the
7 obligee has or is entitled to income withholding under the law
8 of the jurisdiction which issued the support order, the court
9 shall issue an income withholding order under section 4348
10 (relating to attachment of income). The agency shall notify the
11 requesting agency or person of the date upon which withholding
12 will begin.
13 § 4708. Notice to employer and other provisions.
14 The provisions of section 4348 (relating to attachment of
15 income) apply to income withholding based on a support order of
16 another jurisdiction entered under this chapter.
17 § 4709. Distribution of collected support payments.
18 (a) Transmission of payments.--The income withholding order
19 shall direct payment to be made to the agency. The agency shall
20 promptly transmit payments received pursuant to an income
21 withholding order based on a support order of another
22 jurisdiction entered under this chapter to the appropriate
23 agency or person designated in section 4704(b)(5)(iii) (relating
24 to entry of support order of another jurisdiction).
25 (b) Effect of other orders--A support order entered pursuant
26 to section 4704 does not nullify and is not nullified by a
27 support order made by a court of this Commonwealth pursuant to
28 any other law or by a support order made by a court of any other
29 state.
30 (c) Credits.--Amounts collected by any withholding of income
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1 shall be credited against the amounts accruing or accrued for
2 any period under any support orders issued either by the
3 Commonwealth or by a sister state.
4 § 4710. Changes.
5 (a) Changes in original order.--The agency, upon receiving a
6 certified copy of any amendment or modification to a support
7 order entered pursuant to section 4704 (relating to entry of
8 support order of another jurisdiction), shall initiate, as
9 though it was a support order of this Commonwealth, necessary
10 procedures to amend or modify the income withholding order of
11 this Commonwealth which was based upon the entered support
12 order. The court shall amend or modify the income withholding
13 order to conform to the modified support order.
14 (b) Changes in jurisdiction.--If the agency determines that
15 the obligor has obtained employment in another state or has a
16 new or additional source of income in another state, it shall
17 notify the agency which requested the income withholding of the
18 changes within five working days of receiving that information
19 and shall forward to that agency all information it has or can
20 obtain with respect to the obligor's new address and the name
21 and address of the obligor's new employer or other source of
22 income. The agency shall include with the notice a certified
23 copy of the income withholding order in effect in this
24 Commonwealth.
25 § 4711. Voluntary income withholding.
26 Any person who is the obligor on a support order of another
27 jurisdiction may obtain voluntary income withholding by filing
28 with the court a request for such withholding and a certified
29 copy of the support order of a sister state. The court shall
30 issue an income withholding order under section 4348 (relating
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1 to attachment of income). Payment shall be made to the agency.
2 § 4712. Choice of law.
3 (a) General rule.--The law of this Commonwealth shall apply
4 in all actions and proceedings concerning the issuance,
5 enforcement and duration of income withholding orders issued by
6 a court of this Commonwealth, which is based upon a support
7 order of another jurisdiction entered pursuant to section 4704
8 (relating to entry of support order of another jurisdiction),
9 except as provided in subsections (b) and (c).
10 (b) Exceptions.--The law of the jurisdiction which issued
11 the support order shall govern the following:
12 (1) The interpretation of the support order entered
13 under this chapter, including amount, form of payment and
14 duration of support.
15 (2) The amount of support arrearages necessary to
16 require the issuance of an income withholding order.
17 (3) The definition of what costs, in addition to the
18 periodic support obligation, are included as arrearages which
19 are enforceable by income withholding, including, but not
20 limited to, interest, attorneys fees, court costs and costs
21 of paternity testing.
22 (c) Statute of limitations.--The court shall apply the
23 statute of limitations for maintaining an action on arrearages
24 of support payments of either the law of this Commonwealth or of
25 the state which issued the support order entered under this
26 chapter, whichever is longer.
27 § 4713. Construction of chapter.
28 (a) General rule.--This chapter shall be liberally construed
29 to effect the following purposes:
30 (1) To enhance the enforcement of support obligations by
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1 providing a quick and effective procedure for the withholding
2 of income derived in this jurisdiction to enforce support
3 orders of other jurisdictions.
4 (2) To enforce the support orders of this jurisdiction
5 by seeking income withholding in other jurisdictions.
6 (b) Remedies cumulative.--The remedies provided in this
7 chapter shall be in addition to, and not in substitution for,
8 any other remedy otherwise available to enforce a support order
9 of another jurisdiction. Relief under this chapter shall not be
10 denied, delayed or otherwise affected because of the
11 availability of other remedies, nor shall relief under any other
12 statute be delayed or denied because of the availability of
13 remedies under this chapter.
14 Section 2. This act shall take effect in 60 days.
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