§ 4348. Attachment of income.
(a) Existing and certain future orders.--All orders of
support existing as of the effective date of this provision, as
well as all orders of support entered or modified after the
effective date of this provision but before June 30, 1990, shall
provide for mandatory attachment of income:
(1) if the obligor is in arrears in payment in an amount
equal to or greater than one month's support obligation;
(2) at the request of the obligor;
(3) at the request of the obligee; or
(4) as of July 1, 1991, except as provided by subsection
(b)(1) and (2).
(b) Future orders.--All orders of support entered or
modified on or after July 1, 1990, shall, as part of the order,
provide for the mandatory attachment of income unless:
(1) the obligor is not in arrears in payment in an
amount equal to or greater of one month's support obligation;
and
(2) (i) one of the parties demonstrates, and the court
finds, that there is good cause not to require immediate
income withholding; or
(ii) a written agreement is reached between the
parties which provides for an alternative arrangement.
The court may, on its own motion, order the attachment of the
obligor's income where the court has a reasonable basis to
believe the obligor will not comply with the order of support.
In making this determination, the court may consider evidence of
the person's previous violations of orders entered in any
jurisdiction or evidence that the obligor has attempted to
conceal income or to transfer, convey or encumber property in
order to reduce the obligor's support obligation. Attachment
shall occur under this subsection without amendment to the order
of support and, if arrearages occur, without the need for a
judicial or administrative hearing.
(c) Assessment of penalty.--The court may impose a penalty
of not more than 10% on any amount in arrears for 30 days or
more if the court determines that the arrearage was willful.
(d) Arrearages.--If support arrearages exist at the time of
the entry of the order, the order shall specify all of the
following:
(1) To whom an arrearage is owed and the amount of the
arrearage.
(2) The period of time for which the arrearage is
calculated.
(3) The amount of periodic support to be applied to
current support and the amount to be applied to arrearages.
(4) If support arrearages are owed to more than one
obligee, how payments are to be divided and in which
priority.
(5) A direction that all payments are to be credited to
current support obligations first, with any payment in excess
to be applied to arrearages.
(d.1) Insurance.--If an obligor or obligee is in violation
of an order under section 4326(j)(3) (relating to mandatory
inclusion of child medical support), the attachment shall be in
favor of the appropriate provider of health care coverage.
(e) Attachment process.--
(1) The obligor shall be given notice of the attachment
of his income. Such notice shall specify all of the
following:
(i) The amount to be withheld on account of current
support and on account of arrears.
(ii) That the order of attachment shall apply to
current and future employers.
(iii) That the grounds for contesting the order of
attachment shall be limited to mistakes of fact. Mistakes
of fact shall be limited to errors in the amount of
current support owed, errors in the amount of arrearage,
an attachment in excess of the maximum amount set forth
in subsection (g) or mistaken identity of the obligor.
(iv) That attachment has occurred or shall occur in
all cases within ten days of the issuance of the notice.
(v) A notice of how and when the order may be
contested.
(2) To contest the order, the obligor must appear before
the domestic relations section no later than ten days after
issuance of the notice, at which time it will be determined
if a mistake of fact has occurred. If so, the order shall be
modified accordingly.
(f) Request of obligor.--The court shall also order the
attachment of income where the obligor so requests.
(g) Maximum amount.--The maximum amount of any attachment
under this section shall not exceed the limits set forth in the
Consumer Credit Protection Act (Public Law 90-321, 15 U.S.C. §
1601 et seq.).
(h) Termination.--The court may order the termination of an
order of attachment in any of the following instances:
(1) The support obligation has terminated and the total
arrearages are paid.
(2) Where the payee cannot be located and it becomes
impossible to forward payments.
(3) The result would be unconscionable.
(i) Notice to employer.--The employer of an obligor shall be
given notice of the attachment as provided by the Rules of Civil
Procedure governing support. This notice shall include reference
to subsections (g), (k), (l), (n) and (o) and all of the
following:
(1) The amount to be attached.
(2) That the attachment shall be implemented as soon as
possible and no later than 14 days from the issuance of the
notice to the employer.
(3) That the attachment payment must be sent to the
domestic relations section or State disbursement unit, as
appropriate, within seven business days of the date the
obligor is paid.
(4) That the attachment order is binding upon the
employer until further notice.
(5) That the employer may combine attachment payments
into a single payment to the domestic relations section and
separately identify the portions attributable to each
obligor.
(6) That the employer must notify the domestic relations
section when the obligor terminates employment and provide
his last known address and the new employer's name and
address, if known.
(j) Effect of compliance by employer.--Compliance by an
employer with an order of attachment of income that is regular
on its face operates as a discharge of the civil liability of
the employer to the obligor as to that portion of the employment
income of the obligor affected. An employer shall not be subject
to criminal or civil liability to any individual or agency for
conduct in compliance with the order. The employer may deduct
from the income of the obligor 2% of the amount paid under the
order for reimbursement of the expense in complying with the
order. In no case shall the employer's reimbursement be deducted
from the amount of the support order.
(k) Effect of noncompliance by employer.--
(1) An employer or officer or employee thereof who
willfully fails to comply with an order of attachment under
this chapter may, as prescribed by general rule, be adjudged
in contempt and committed to jail or fined by the court.
(2) The employer shall be liable for any amount the
employer willfully fails to withhold from income due an
employee under an order of attachment of income and any
amount which is withheld from such income but not forwarded
to the domestic relations office.
(3) The court may, pursuant to general rule, attach
funds or property of an employer.
(l) Disciplinary action by employer prohibited.--
(1) When an order of attachment on income withholding is
about to be or has been entered, an employer or officer or
employee thereof shall not use the attachment or possibility
thereof as a basis, in whole or in part, for the refusal to
employ or for the discharge of an employee or for any
disciplinary action against or demotion of an employee. In
case of a violation of this subsection, the employer or
officer or employee thereof may be adjudged in contempt and
committed to jail or fined by the court.
(2) Any employee aggrieved by a violation of this
subsection shall have the substantive right to bring an
action for damages by reason of such violation in a court of
competent jurisdiction.
(3) The department or a domestic relations section may
impose a civil penalty of up to $1,000 per violation against
any employer that willfully violates the provisions of this
subsection or that willfully fails to withhold income or to
pay such amounts to the State disbursement unit.
(m) Certify income.--Upon request of the domestic relations
section, the employer shall report and certify the income of an
employee.
(n) Bonding.--The court may attach forms of income other
than wages, assets, including spendthrift trusts, and private,
public, State, county and municipal pensions, and include
bonding or other requirements in cases involving obligors whose
income is from sources other than wages, in order to assure that
support owed by obligors in this Commonwealth will be collected
without regard to the types of these obligors' income or the
nature of their income-producing activities.
(o) Priority of attachment.--(Deleted by amendment).
(p) Nonresidents.--Income attachment shall be available to
obligees residing outside this Commonwealth where the income of
the obligor is derived in this Commonwealth.
(q) Priority of attachment.--An order of attachment for
support shall have priority over any attachment, execution,
garnishment or wage assignment. The Supreme Court shall by
general rule provide for priorities for withholding and
allocating income withheld for multiple child support obligees
received by an employer for the same obligor under this section
and Chapter 75 (relating to direct enforcement of order of
another state without registration).
(r) Information requests.--
(1) Upon the request of the department, a county
domestic relations section or a child support agency of
another state, any employer doing business within this
Commonwealth, including a for-profit, not-for-profit or
governmental employer, shall promptly provide information
regarding the employment, compensation and benefits of any
employee or contractor of the employer.
(2) In addition to any other remedy allowed by law, the
department may impose a civil penalty of up to $1,000 per
violation on an individual or entity that willfully fails to
comply with a request for information under paragraph (1).
(Dec. 20, 1989, P.L.654, No.81, eff. imd.; Dec. 4, 1992,
P.L.757, No.114, eff. 90 days; Oct. 16, 1996, P.L.706, No.124,
eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998;
Dec. 15, 1998, P.L.963, No.127, eff. imd.)
1998 Amendment. Act 127 added subsec. (r). Act 127 of 1998
was suspended by Pennsylvania Rule of Civil Procedure No.
1910.50(3), as amended May 31, 2000, insofar as it is
inconsistent with Rule No.1910.20 relating to the availability
of remedies for collection of past due and overdue support.
1997 Amendment. Act 58 amended subsecs. (b), (e)(1) intro.
par., (i) and (iv) and (2), (i)(3), (j) and (l)(1), deleted by
amendment subsec. (o) and added subsecs. (l)(3) and (q). Act 58
of 1997 was suspended by Pennsylvania Rule of Civil Procedure
No. 1910.50(3), as amended May 31, 2000, insofar as it is
inconsistent with Rule No.1910.20 relating to the availability
of remedies for collection of past due and overdue support.
1992 Amendment. Act 114 added subsec. (d.1). Section 4(2) of
Act 114 provided that subsec. (d.1) shall apply to support
orders entered prior to the effective date of Act 114.
1989 Amendment. Act 81 amended subsecs. (a) and (b).
Cross References. Section 4348 is referred to in sections
4305, 4326, 7101, 7605, 8101 of this title.
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