PRINTER'S NO. 1362
No. 1209 Session of 1979
INTRODUCED BY DAWIDA, SEVENTY, PISTELLA, B. D. CLARK, COWELL,
TRELLO, MICHLOVIC, ITKIN, CHESS, GRABOWSKI, MURPHY, ZORD,
KNEPPER, FISHER, POTT AND CESSAR, MAY 7, 1979
REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 1979
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 authority of the court as to the enforcement of support
4 orders.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6708 of Title 42, act of November 25,
8 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
9 Statutes, added April 28, 1978 (P.L.202, No.53), is amended to
10 read:
11 § 6708. Enforcement of support orders.
12 (a) General rule.--A defendant who willfully fails to comply
13 with any order under this subchapter, except an order subject to
14 section 6705 (relating to failure of defendant to appear), may,
15 after hearing, be adjudged in contempt and committed to prison
16 by the court.
17 (b) Unemployment as excuse for nonsupport.--Any defendant
18 who seeks on the basis of unemployment or lack of earnings to
1 excuse compliance with any order under this subchapter, except
2 an order subject to section 6705, may be ordered at the court's
3 discretion to supply any or all of the following documentation
4 to substantiate such excuse from compliance:
5 (1) Documentation from prospective employers attesting
6 to the fact that application for employment has been made and
7 that employment was not offered for the specified reasons.
8 (2) Documentation from the Bureau of Employment Security
9 attesting that the defendant has utilized the bureau's
10 resources.
11 (3) Any other evidence that the court may require to
12 show that the defendant has made and is making every
13 reasonable effort to acquire suitable employment commensurate
14 with his earning capacity.
15 [(b)] (c) Philadelphia cases.--In any county of the first
16 class:
17 (1) The hearing shall be fixed as provided in section
18 6705(b) (relating to Philadelphia cases).
19 (2) The commitment to prison may not exceed six months.
20 (3) The order shall state the condition which upon
21 fulfillment will result in the release of the defendant.
22 Section 2. This act shall take effect in 60 days.
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