PRINTER'S NO. 114
No. 90 Session of 2007
INTRODUCED BY YOUNGBLOOD, CRUZ, COHEN AND BLACKWELL, JANUARY 30, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2007
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, providing for civil claim for damages 3 intercept. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 23 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 4308.2. Civil claim for damages intercept. 9 (a) General rule.--Upon resolution of a civil claim for 10 damages, regardless of whether a lawsuit or complaint has been 11 filed on the claim, and where the claimant is entitled to 12 receive a monetary award or settlement as a result of such 13 resolution, the attorney for the claimant shall: 14 (1) Submit a certification to the district attorney's 15 child support enforcement unit in the county of the 16 claimant's residence or the domestic relations section where 17 no district attorney's child support enforcement unit exists. 18 The certification shall include the full name, address,
1 Social Security number and date of birth of the claimant 2 entitled to receive the monetary award or settlement. 3 (2) Withhold disbursement of any moneys due to the 4 claimant for 30 days after the submission of the 5 certification. 6 (b) Obligor check.-- 7 (1) After receipt of a certification under subsection 8 (a), the district attorney's child support enforcement unit 9 or the domestic relations section shall ascertain whether the 10 claimant has a child support obligation. 11 (2) After calculation of amounts owed for attorney fees, 12 witness fees, fees for health care providers and payment of 13 liens which may be subject to the award, including, but not 14 limited to, taxes, mechanics' liens, court costs and related 15 items, the attorney for the claimant shall withhold any money 16 remaining out of the award or settlement pending review by 17 the district attorney's child support enforcement unit or 18 domestic relations section hearing officer for determination 19 of any child support obligation. 20 (c) Hearing.--Any party to a child support action shall be 21 entitled to a court hearing to determine the application of any 22 money withheld pursuant to this section. This hearing may not 23 consider modification of the existing arrears or amount of 24 support, but shall be used solely to determine if any money 25 recovered as a result of the award or settlement should be used 26 to pay the child support. 27 (d) Notice.--The attorney for the claimant may disburse 28 money due to the claimant for purposes other than those 29 specified in subsection (a) if notice that the claimant owes any 30 child support arrearages is not received from the district 20070H0090B0114 - 2 -
1 attorney's child support enforcement unit or the domestic 2 relations section within the 30-day period. 3 (e) Immunity.--An attorney for a claimant who has not 4 received notice from the district attorney's child support 5 enforcement unit or the domestic relations section within the 6 30-day period and disburses money due to that claimant after the 7 30-day period for purposes other than those specified in 8 subsection (a) shall be immune from civil or criminal liability. 9 (f) Liability.--An attorney who withholds money pending a 10 determination by the district attorney's child support 11 enforcement unit or the domestic relations section shall not be 12 liable for payments which otherwise would have been made 13 pursuant to subsection (a) which were not so identified to the 14 attorney. 15 (g) Written determination.--An attorney who receives a 16 written determination by the district attorney's child support 17 enforcement unit or the domestic relations section within the 18 30-day period and as soon as practicable forwards the money to 19 the district attorney's child support enforcement unit or the 20 domestic relations section for payment to the child support 21 obligee shall not be liable to the claimant or to the claimant's 22 creditors. 23 (h) Challenge.--The attorney shall not be required to 24 challenge the district attorney's child support enforcement 25 unit's or the domestic relations section's determination as to 26 child support obligation unless retained by the claimant to do 27 so. 28 (i) Definition.--As used in this section, the term "money 29 due to the claimant" does not include money for attorney fees, 30 witness fees, court costs, fees for health care providers, 20070H0090B0114 - 3 -
1 payment of liens which may be subject to the award, including, 2 but not limited to, taxes, mechanics' liens and related items, 3 which shall be disbursed immediately. 4 Section 2. This act shall apply to all matters pending on or 5 after the effective date of this act. 6 Section 3. This act shall take effect in 120 days. L19L23JS/20070H0090B0114 - 4 -