PRINTER'S NO. 1040
No. 889 Session of 2007
INTRODUCED BY M. WHITE, PILEGGI, MUSTO, BOSCOLA, FERLO,
ERICKSON, COSTA, ORIE, RAFFERTY, C. WILLIAMS, WASHINGTON,
EARLL, McILHINNEY, O'PAKE, FOLMER, KITCHEN, STACK, VANCE AND
BAKER, MAY 21, 2007
REFERRED TO JUDICIARY, MAY 21, 2007
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for liability for
3 support and extending liability for child support beyond the
4 death of the obligor.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4321 of Title 23 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 4321. Liability for support.
10 (a) General rule.--Subject to the provisions of this
11 chapter:
12 (1) Married persons are liable for the support of each
13 other according to their respective abilities to provide
14 support as provided by law.
15 (2) Parents are liable for the support of their children
16 who are unemancipated and 18 years of age or younger.
17 (3) Parents may be liable for the support of their
18 children who are 18 years of age or older.
1 (b) Effect of death of parents.--
2 (1) The liability of parents for support of their
3 children under this chapter remains unaffected by the death
4 of those parents.
5 (2) Any interested party may file a claim against the
6 estate of a parent to determine the liability of the parent
7 to support a surviving child under this chapter, regardless
8 of whether a support order was in effect for the child on the
9 parent's date of death.
10 Section 2. This act shall take effect in 60 days.
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