reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 72 - Jurisdiction › Section 7204 - Simultaneous proceedings

§ 7204. Simultaneous proceedings.
(a) Permissible.--
A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if all of the following apply:
(1) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or a foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or a foreign country.
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or a foreign country.
(3) If relevant, this State is the home state of the child.
(b) Impermissible.--
A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if all of the following apply:
(1) The petition or comparable pleading in the other state or a foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State.
(2) The contesting party timely challenges the exercise of jurisdiction in this State.
(3) If relevant, the other state or a foreign country is the home state of the child.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 72 - Jurisdiction › Section 7205 - Continuing, exclusive jurisdiction to modify child support orders

§ 7205. Continuing, exclusive jurisdiction to modify child support orders.
(a) Extent.--
A tribunal of this State that has issued a child support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify the child support order if the order is the controlling order and:
(1) at the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or
(2) even if this State is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify the order.
(b) Restriction.--
A tribunal of this State that has issued a child support order consistent with the law of this State may not exercise its continuing, exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state, that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child, may modify the order and assume continuing, exclusive jurisdiction; or
(2) the order is not the controlling order.
(c) Modification.--
(Deleted by amendment).
(d) Faith and credit.--
If a tribunal of another state has issued a child support order under a law substantially similar to this part which modifies a child support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d.1) Modification.--
A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) Interim orders.--
A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f) Duration and modification of spousal support orders.--
(Deleted by amendment).
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.)
1997 Amendment.
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.
Cross References.
Section 7205 is referred to in sections 7202.1, 7207 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 72 - Jurisdiction › Section 7206 - Continuing jurisdiction to enforce child support orders

§ 7206. Continuing jurisdiction to enforce child support orders.
(a) Initiating tribunal.--
A tribunal of this State that has issued a child support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) the order, if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction under a law substantially similar to this part; or
(2) a money judgment for arrears of support and interest on the order that accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) Responding tribunal.--
A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
(c) Lack of jurisdiction.--
(Deleted by amendment).
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7206 is referred to in sections 7202.1, 7207 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 72 - Jurisdiction › Section 7208 - Multiple child support orders for two or more obligees

§ 7208. Multiple child support orders for two or more obligees.
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this State.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 72 - Jurisdiction › Section 7209 - Credit for payments

§ 7209. Credit for payments.
Amounts collected and credited for a particular period pursuant to a child support order issued by a tribunal of another state or a foreign country must be credited against the amounts accruing or accrued for the same period under a child support order for the same child issued by the tribunal of this State.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7209 is referred to in section 7207 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 72 - Jurisdiction › Section 7210 - Application of part to nonresident subject to personal jurisdiction

§ 7210. Application of part to nonresident subject to personal jurisdiction.
A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this part, under other law of this State relating to a support order or recognizing a foreign support order, may receive evidence from outside this State under section 7316 (relating to special rules of evidence and procedure), communicate with a tribunal outside this State pursuant to section 7317 (relating to communications between tribunals) and obtain discovery through a tribunal outside this State under section 7318 (relating to assistance with discovery). In all other respects, Chapter 71 (relating to general provisions), 72 (relating to jurisdiction), 73 (relating to civil provisions of general application), 74 (relating to establishment of support order or determination of parentage), 75 (relating to enforcement of support order without registration) or 76 (relating to registration, enforcement and modification of support order) do not apply, and the tribunal shall apply the procedural and substantive law of this State.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment.
Act 94 added section 7210.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 72 - Jurisdiction › Section 7211 - Continuing, exclusive jurisdiction to modify spousal support order

§ 7211. Continuing, exclusive jurisdiction to modify spousal support order.
(a) Modification.--
A tribunal of this State issuing a spousal support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b) Prohibition.--
A tribunal of this State may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) Tribunal.--
A tribunal of this State that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this State; or
(2) a responding tribunal to enforce or modify the spousal support order issued by the tribunal.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment.
Act 94 added section 7211.
Cross References. Section 7211 is referred to in section 7202.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Extra - Chapter Notes

Enactment.
Chapter 73 was added April 4, 1996, P.L.58, No.20, effective immediately.
Cross References.
Chapter 73 is referred to in sections 7105, 7210, 7613, 77A02 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7301 - Proceedings under this part

§ 7301. Proceedings under this part.
(a) Scope.--
Except as otherwise provided in this part, this Chapter applies to all proceedings under this part.
(b) Proceedings.--
(Deleted by amendment).
(c) Commencement.--
An individual petitioner or a support enforcement agency may commence a proceeding authorized under this part by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7301 is referred to in section 7305 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7303 - Application of law of this State

§ 7303. Application of law of this State.
Except as otherwise provided by this part, a responding tribunal of this State:
(1) shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and
(2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this State.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7304 - Duties of initiating tribunal

§ 7304. Duties of initiating tribunal.
(a) Copies of petition.--
Upon the filing of a petition authorized by this part, an initiating tribunal of this State shall forward three copies of the petition and its accompanying documents:
(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) Special circumstances.--
(1) If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state.
(2) If the responding tribunal is in a foreign country, upon request, the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rates as publicly reported and provide other documents necessary to satisfy the requirements of the responding foreign tribunal.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment. Act 94 amended subsec. (b).
1997 Amendment.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7306 - Inappropriate tribunal

§ 7306. Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this State, it shall forward the pleading and accompanying documents to an appropriate tribunal in this State or another state and notify the petitioner where and when the pleading was sent.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7308 - Supervisory duty

§ 7308. Supervisory duty.
(a) Secretary.--
If the secretary determines that a support enforcement agency is neglecting or refusing to provide services to an individual, the secretary may order the agency to perform its duties under this part or may provide those services directly to the individual.
(b) Reciprocity.--
The secretary may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.)
1997 Amendment.
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.
Cross References. Section 7308 is referred to in section 7101.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7310 - Duties of department

§ 7310. Duties of department.
(a) Designation.--
The department is the State information agency under this part.
(b) Duties.--
The department shall do all of the following:
(1) Compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this part and any support enforcement agencies in this State and transmit a copy to the state information agency of every other state.
(2) Maintain a register of tribunals and support enforcement agencies received from other states.
(3) Forward to the appropriate tribunal in the place in this State in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, documents concerning a proceeding under this part received from another state or a foreign country.
(4) Obtain information concerning the location of the obligor and the obligor's property within this State not exempt from execution by such means as postal verification; Federal or State locator services; examination of telephone directories; requests for the obligor's address from employers; and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and Social Security.
(5) (Deleted by amendment).
(6) (Deleted by amendment).
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.)
1997 Amendment.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7311 - Pleadings and accompanying documents

§ 7311. Pleadings and accompanying documents.
(a) Verification and content.--
In a proceeding under this part, a petitioner seeking to establish a support order to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 7312 (relating to nondisclosure of information in exceptional circumstances), the petition or accompanying documents must provide, so far as known, the name, residential address and Social Security number of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, Social Security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(b) Relief.--
The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by Federal law for use in cases filed by a support enforcement agency.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7311 is referred to in section 77A06 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7312 - Nondisclosure of information in exceptional circumstances

§ 7312. Nondisclosure of information in exceptional circumstances.
If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of the specific identifying information, the specific identifying information must be sealed and may not be disclosed to the other party or the public. After a hearing in which the tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7312 is referred to in sections 7311, 7602 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7313 - Costs and fees

§ 7313. Costs and fees.
(a) Petitioner.--
The petitioner may not be required to pay a filing fee or other costs.
(b) Obligor.--
If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating state or the responding state or foreign country except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
(c) Dilatory actions.--
The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under Chapter 76 (relating to registration, enforcement and modification of support order), a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7314 - Limited immunity of petitioner

§ 7314. Limited immunity of petitioner.
(a) Jurisdiction over person.--
Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) Service.--
A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this part.
(c) Exception.--
The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this part committed by a party while present in this State to participate in the proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7315 - Nonparentage as defense

§ 7315. Nonparentage as defense.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7316 - Special rules of evidence and procedure

§ 7316. Special rules of evidence and procedure.
(a) Physical presence.--
The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child.
(b) Hearsay exception.--
A petition, affidavit or document, substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, are admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.
(c) Payment record.--
A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
(d) Bills.--
Copies of bills for testing for parentage of a child and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.
(e) Transmission of documentary evidence.--
Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(f) Testimony.--
In a proceeding under this part, a tribunal of this State may permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
(g) Self-incrimination.--
If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) Spousal communications.--
A privilege against disclosure of communications between spouses does not apply in a proceeding under this part.
(i) Family immunity.--
The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this part.
(j) Parentage.--
A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7316 is referred to in section 7210 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7317 - Communications between tribunals

§ 7317. Communications between tribunals.
A tribunal of this State may communicate with a tribunal outside this State in a record or by telephone, e-mail or other means to obtain information concerning the laws; the legal effect of a judgment, decree or order of that tribunal; and the status of a proceeding. A tribunal of this State may furnish similar information by similar means to a tribunal outside this State.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7317 is referred to in section 7210 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7318 - Assistance with discovery

§ 7318. Assistance with discovery.
A tribunal of this State may do all of the following:
(1) Request a tribunal outside this State to assist in obtaining discovery.
(2) Upon request, compel a person subject to its jurisdiction to respond to a discovery order issued by a tribunal outside this State.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7318 is referred to in section 7210 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 73 - Civil Provisions of General Application › Section 7319 - Receipt and disbursement of payments

§ 7319. Receipt and disbursement of payments.
(a) Payments.--
A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal outside this State or of a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(b) Residency.--
If the obligor, the obligee who is an individual and the child do not reside in this State, upon request from the support enforcement agency of this State or another state, the support enforcement agency of this State or a tribunal of this State shall do all of the following:
(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.
(2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) Certificated records.--
The support enforcement agency of this State receiving redirected payments from another state under a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7319 is referred to in section 7307 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 74 - Establishment of Support Order or Determination of Parentage › Extra - Chapter Notes

Enactment.
Chapter 74 was added April 4, 1996, P.L.58, No.20, effective immediately.
Cross References.
Chapter 74 is referred to in sections 7105, 7210, 7613, 77A02 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 74 - Establishment of Support Order or Determination of Parentage › Section 7401 - Establishment of support order

§ 7401. Establishment of support order.
(a) Jurisdiction.--
If a support order entitled to recognition under this part has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if any of the following apply:
(1) The individual seeking the order resides outside this State.
(2) The support enforcement agency seeking the order is located outside this State.
(b) Temporary orders.--
The tribunal may issue a temporary child support order if the tribunal determines that an order is appropriate and the individual ordered to pay is any of the following:
(1) A presumed father of the child.
(2) Petitioning to have his paternity adjudicated.
(3) Identified as the father of the child through genetic testing.
(4) An alleged father who has declined to submit to genetic testing.
(5) Shown by clear and convincing evidence to be the father of the child.
(6) An acknowledged father as provided by applicable state law.
(7) The mother of the child.
(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Relief.--
Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 7305 (relating to duties and powers of responding tribunal).
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 74 - Establishment of Support Order or Determination of Parentage › Section 7402 - Proceeding to determine parentage

§ 7402. Proceeding to determine parentage.
A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this part or a law or procedure substantially similar to this part.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment.
Act 94 added section 7402.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Extra - Chapter Notes

Enactment.
Chapter 75 was added April 4, 1996, P.L.58, No.20, effective immediately.
Cross References.
Chapter 75 is referred to in sections 4348, 7105, 7210, 7613, 77A02 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Section 7501 - Employer's receipt of income-withholding order of another state

§ 7501. Employer's receipt of income-withholding order of another state.
An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person or entity defined as the obligor's employer under section 4302 (relating to definitions) without first filing a petition or comparable pleading or registering the order with a tribunal of this State.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.)
1997 Amendment.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Section 7501.1 - Employer's compliance with income-withholding order of another state

§ 7501.1. Employer's compliance with income-withholding order of another state.
(a) Copy of order.--
Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(b) Treatment of order.--
The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State.
(c) Withholding and distribution of funds.--
Except as otherwise provided in subsection (d) and section 7501.2 (relating to compliance with multiple income-withholding orders), the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person or agency designated to receive payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payments of a sum certain or order to the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) Compliance with law of obligor's place of employment.--
An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) the employer's fee for processing an income-withholding order;
(2) the maximum amount permitted to be withheld from the obligor's income; and
(3) the times within which the employer must implement the withholding order and forward the child support payment.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 added section 7501.1. 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Section 7501.2 - Compliance with multiple income-withholding orders

§ 7501.2. Compliance with multiple income-withholding orders.
If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child-support obligees.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 added section 7501.2. 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.
Cross References.
Section 7501.2 is referred to in section 7501.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Section 7501.3 - Immunity from civil liability

§ 7501.3. Immunity from civil liability.
An employer who complies with an income-withholding order issued in another state in accordance with this chapter is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 added section 7501.3. 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Section 7501.4 - Penalties for noncompliance

§ 7501.4. Penalties for noncompliance.
An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.)
1997 Amendment.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Section 7501.5 - Contest by obligor

§ 7501.5. Contest by obligor.
An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in Chapter 76 (relating to registration, enforcement and modification of support order) or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State. The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to the obligee;
(2) each employer that has directly received an income-withholding order relating to the obligor; and
(3) the person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.)
1997 Amendment.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 75 - Enforcement of Support Order Without Registration › Section 7502 - Administrative enforcement of orders

§ 7502. Administrative enforcement of orders.
(a) Initiation.--
A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a support order issued by a foreign country may send the documents required for registering the order to a support enforcement agency of this State.
(b) Procedure.--
Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this State to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this part.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment.
Act 94 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Extra - Chapter Notes

Enactment.
Chapter 76 was added April 4, 1996, P.L.58, No.20, effective immediately.
Cross References.
Chapter 76 is referred to in sections 7105, 7207, 7210, 7313, 7501.5, 77A02, 77A06,
            8313 of this title.
Cross References.
Subchapter A is referred to in sections 7609, 7616 of this title.
Cross References.
Subchapter B is referred to in sections 7609, 7616 of this title.
Enactment.
Subchapter D was added December 28, 2015, P.L.559, No.94, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7601 - Registration of order for enforcement

§ 7601. Registration of order for enforcement.
A support order or an income-withholding order issued in another state or a foreign support order may be registered in this State for enforcement.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7602 - Procedure to register order for enforcement

§ 7602. Procedure to register order for enforcement.
(a) General rule.--
Except as otherwise provided in section 77A06 (relating to registration of convention support order), a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending all of the following records to the appropriate tribunal in this State:
(1) A letter of transmittal to the tribunal requesting registration and enforcement.
(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order.
(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.
(4) The name of the obligor and, if known:
(i) the obligor's address and Social Security number;
(ii) the name and address of the obligor's employer and any other source of income of the obligor; and
(iii) a description and the location of property of the obligor in this State not exempt from execution.
(5) Except as set forth in section 7312 (relating to nondisclosure of information in exceptional circumstances), the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
(b) Docketing.--
On receipt of a request for registration, the registering tribunal shall file the order as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(c) Simultaneous relief.--
A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) Multiple orders.--
If two or more orders are in effect, the person requesting registration shall do all of the following:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section.
(2) Specify the order alleged to be the controlling order, if any.
(3) Specify the amount of consolidated arrears, if any.
(e) Request for determination.--
A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References. Section 7602 is referred to in section 77A06 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7603 - Effect of registration for enforcement

§ 7603. Effect of registration for enforcement.
(a) Procedure.--
A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this State.
(b) Enforcement.--
A registered support order issued in another state or a foreign county is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.
(c) Faith and credit.--
Except as otherwise provided in this chapter, a tribunal of this State shall recognize and enforce but may not modify a registered support order if the issuing tribunal had jurisdiction.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7604 - Choice of law

§ 7604. Choice of law.
(a) General rule.--
Subject to subsection (d), the law of the issuing state or foreign country governs the following:
(1) The nature, extent, amount and duration of current payments under a registered support order.
(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order.
(3) The existence and satisfaction of other obligations under the support order.
(b) Proceeding for arrearages.--
In a proceeding for arrearages under a registered support order, the statute of limitation under the laws of this State or of the issuing state or foreign country, whichever is longer, applies.
(c) Procedures and remedies.--
A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrearages and interest due on a support order of another state or a foreign country registered in this State.
(d) Controlling order.--
After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including the law on interest on arrearages, on current and future support and on consolidated arrearages.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7604 is referred to in section 7607 of this title.