reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4324 - Inclusion of spousal medical support

§ 4324. Inclusion of spousal medical support.
In addition to periodic support payments, the court may require that an obligor pay a designated percentage of a spouse's reasonable and necessary health care expenses. If health care coverage is available through an obligor or obligee at no cost as a benefit of employment or at a reasonable cost, the court shall order an obligor or obligee to provide or extend health care coverage to a spouse. Upon failure of the obligor to make this payment or reimburse the spouse and after compliance with procedural due process requirement, the court shall treat the amount as arrearages.
(Dec. 4, 1992, P.L.757, No.114, eff. 90 days)
1992 Amendment.
Section 4(1) of Act 114 provided that the amendment of section 4324 shall apply to all support orders entered, reviewed or modified on or after the effective date of Act 114.
Cross References.
Section 4324 is referred to in section 6108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4325 - Payment of order of support

§ 4325. Payment of order of support.
Unless procedures established by the department for the State disbursement unit provide otherwise, an order of support shall direct payment to be made payable to or payment to be made to the domestic relations section for transmission to the obligee or for transmission directly to a public body or public or private agency whenever the care, maintenance and assistance of the obligee is provided for by the public body or public or private agency.
(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 43 - Support Matters Generally › Section 4341 - Commencement of support actions or proceedings

§ 4341. Commencement of support actions or proceedings.
(a) Procedure.--
A support action or proceeding under this chapter shall be commenced in the manner prescribed by the Rules of Civil Procedure governing actions of support.
(b) Standing.--
Any person caring for a child shall have standing to commence or continue an action for support of that child regardless of whether a court order has been issued granting that person custody of the child.
(c) Jurisdiction.--
The court shall exercise Statewide jurisdiction over the parties to a proceeding under this chapter.
(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 43 - Support Matters Generally › Section 4344 - Contempt for failure of obligor to appear

§ 4344. Contempt for failure of obligor to appear.
A person who willfully fails or refuses to appear in response to a duly served order or other process under this chapter may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following:
(1) Imprisonment for a period not to exceed six months.
(2) A fine not to exceed $500.
(3) Probation for a period not to exceed six months.
Cross References.
Section 4344 is referred to in section 4345 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4345 - Contempt for noncompliance with support order

§ 4345. Contempt for noncompliance with support order.
(a) General rule.--
A person who willfully fails to comply with any order under this chapter, except an order subject to section 4344 (relating to contempt for failure of obligor to appear), may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following:
(1) Imprisonment for a period not to exceed six months.
(2) A fine not to exceed $1,000.
(3) Probation for a period not to exceed one year.
(b) Condition for release.--
An order committing a defendant to jail under this section shall specify the condition the fulfillment of which will result in the release of the obligor.
(Oct. 16, 1996, P.L.706, No.124, eff. 60 days)
Cross References.
Section 4345 is referred to in sections 4326, 4353 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4346 - Contempt for noncompliance with visitation or partial custody order (Repealed)

§ 4346. Contempt for noncompliance with visitation or partial custody order (Repealed).
2010 Repeal.
Section 4346 was repealed November 23, 2010, P.L.1106, No.112, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4347 - Security for attendance or performance

§ 4347. Security for attendance or performance.
At any stage of the proceedings under this chapter, upon affidavit filed that the obligor is about to leave this Commonwealth or the judicial district or, where in the judgment of the court, the obligor has habitually failed to comply with court orders under this chapter, the court may, as prescribed by general rule, issue appropriate process directing that the obligor be brought before the court and may direct that the obligor give security to appear when directed by the court or to comply with any order of the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4349 - Consolidation of proceedings

§ 4349. Consolidation of proceedings.
In order to facilitate frequent and unimpeded contact between children and parents, a judge may consolidate with a support action or proceeding any proceeding commenced for visitation rights, sole or shared custody, temporary or permanent custody or any other matters pertaining to support authorized by law which fairly and expeditiously may be determined and disposed of in the support action or proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4351 - Costs and fees

§ 4351. Costs and fees.
(a) General rule.--
If an obligee prevails in a proceeding to establish paternity or to obtain a support order, the court may assess against the obligor filing fees, reasonable attorney fees and necessary travel and other reasonable costs and expenses incurred by the obligee and the obligee's witnesses. Attorney fees may be taxed as costs and shall be ordered to be paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee shall have priority over fees, costs and expenses.
(a.1) Annual fee.--
(Expired).
(b) Lack of good cause for failure to pay on time.--
If the court determines that the person subject to a child support order did not have good cause for failing to make child support payments on time, it may further assess costs and reasonable attorney fees incurred by the party seeking to enforce the order.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; May 13, 2008, P.L.144, No.16, eff. imd.; July 2, 2019, P.L.336, No.47, eff. imd.)
2023 Expiration.
Subsec. (a.1) expired July 15, 2023. See Act 47 of 2019.
2019 Amendment.
Act 47 amended subsec. (a.1).
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 4351 is referred to in section 4374 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4353 - Duty to report

§ 4353. Duty to report.
(a) Notice of changes affecting support.--
An individual who is a party to a support proceeding shall notify the domestic relations section, the department and the other parties in writing or by personal appearance within seven days of any material change in circumstances relevant to the level of support or the administration of the support order, including, but not limited to:
(1) change of employment; and
(2) change of personal address or change of address of any child receiving support.
(a.1) Delivery.--
In any subsequent child support enforcement action between the parties, upon sufficient showing that due diligence has been made to ascertain the location of a party, the court or the department may deem due process requirements for notice and service of process to be met with respect to the party upon delivery of written notice to the most recent residential address or employer address filed with the domestic relations section or the department pursuant to subsection (a).
(a.2) Notice of location information.--
Each party to a support proceeding shall file with the domestic relations section and the department, and update as appropriate, information on the location and identity of the party, including Social Security number, residential and mailing addresses, telephone numbers, driver's license number and name, address and telephone number of employer.
(b) Failure to give notice.--
Willful failure to comply with this section may be adjudged in contempt of court pursuant to section 4345 (relating to contempt for noncompliance with support order).
(Mar. 25, 1988, P.L.296, No.35, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 amended subsec. (a) and added subsecs. (a.1) and (a.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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4354 - Willful failure to pay support order

§ 4354. Willful failure to pay support order.
(a) Offense defined.--
An individual who willfully fails to comply with a support order of a court of this Commonwealth when the individual has the financial ability to comply with the support order commits an offense.
(b) Application.--
This section applies to all support cases, whether civil or criminal and whether the defendant is married, unmarried, separated or divorced.
(c) Jurisdiction.--
Exclusive original jurisdiction of a proceeding under this section is vested in the courts of common pleas of this Commonwealth.
(d) Grading.--
(1) Except as otherwise provided for in paragraph (2), an offense under this section shall constitute a summary offense.
(2) An offense shall be graded a misdemeanor of the third degree if the individual convicted of the offense established residence outside this Commonwealth with the intention of not complying with the support order and either of the following apply:
(i) the offense is a second or subsequent offense under this section; or
(ii) the individual owes support in an amount equal to or greater than 12 months of the monthly support obligation.
(e) Costs and expenses to be borne by individual.--
An individual convicted of an offense under this section who is apprehended outside this Commonwealth shall, in addition to any other sentence imposed, be sentenced to pay the costs and expenses of rendition.
(Mar. 25, 1988, P.L.296, No.35, eff. imd.; Oct. 9, 2008, P.L.1384, No.104, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4361 - Execution of support order against entireties property

§ 4361. Execution of support order against entireties property.
(a) Entry of order.--
Whenever married persons hold real property by the entireties and one spouse secures an order of court against the other spouse for the support of the plaintiff spouse or of a child of both persons or the defendant or for the support of both the plaintiff spouse and child and a copy of the order has been certified to the court of common pleas of the county in this Commonwealth in which the property is situated, the order shall be entered in that court as a judgment with the same effect as if it had been recovered as a judgment of that court.
(b) Execution on judgment.--
Execution may be issued on the judgment against the real property held by the entireties, and the property may be sold in the manner provided by law for the sale of real property on execution issued on a judgment. In any writs of execution on the judgment, the defendant shall not be entitled to the benefit of 42 Pa.C.S. Ch. 81 Subch. B (relating to exemptions from execution) or any other exemption statute.
(c) Title of purchaser.--
The sale of real property under this section conveys to the purchaser or purchasers thereof a good and valid title to the property and vests in the purchaser or purchasers the entire title of both the married persons in the same manner and with the same effect as if both married persons had joined in the conveyance of the property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4362 - Plaintiff's share of proceeds of sale

§ 4362. Plaintiff's share of proceeds of sale.
(a) General rule.--
The plaintiff spouse shall be entitled, out of the proceeds of this sale, to such sums of money as represents the share in the property, based on the proportionate part of the original purchase money furnished by the plaintiff spouse for the purchase of the property.
(b) Petition to court.--
The plaintiff spouse may petition the court of common pleas of the county where the real property is situated, either before or after the sale of the property by execution, setting forth plaintiff's claim, and the court shall fix a date for a hearing on the petition.
(c) Hearing and decree.--
After notice and hearing, the court shall make such decree as shall be proper. At the hearing, both spouses shall be competent witnesses.
Cross References.
Section 4362 is referred to in section 4365 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4363 - Trustee to distribute proceeds of sale

§ 4363. Trustee to distribute proceeds of sale.
(a) Appointment of trustee.--
The court shall, at the time of the hearing or thereafter, appoint a trustee who shall receive from the sheriff the proceeds of the sale of the property after the costs have been paid.
(b) Disposition of proceeds.--
The trustee shall, out of the proceeds, pay to the plaintiff spouse the sum of money the court decreed as plaintiff's share in the property sold and also the sums of money, and interest thereon from the time the respective items making them up became due and payable, which are due and payable under the order of support. The trustee shall also pay to the plaintiff spouse any additional sums the plaintiff may be entitled to under any order of court for the support of plaintiff or the children of defendant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4364 - Credit to plaintiff who purchases property

§ 4364. Credit to plaintiff who purchases property.
(a) General rule.--
If the plaintiff spouse becomes the purchaser at the execution sale, the plaintiff shall be entitled to a credit on the purchase price thereof for the sum of money found by the court to represent the plaintiff's share in the property and also for the sums of money due the plaintiff from the defendant under the order of support upon which the execution was issued at the time of the sale, together with interest on the sums due the plaintiff for support from the time the respective sums become due.
(b) Allowance or assignment of credit.--
The credit shall be allowed the plaintiff by the sheriff or the plaintiff may assign the sums due the plaintiff to the purchaser of the property whereupon credit shall be given to the purchaser by the sheriff for the amount assigned.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4365 - Rights of divorced person in entireties property sold for support

§ 4365. Rights of divorced person in entireties property sold for support.
(a) General rule.--
After the divorce of any spouse who is a tenant by the entireties of real property with the former spouse, the divorced spouse is entitled to all the rights and remedies provided in this subchapter for the collection of any sums of money ordered by a court to be paid to the divorced spouse for the support of the children of the former spouse as fully as if no divorce had occurred.
(b) Proceeds of sale.--
Upon the sale of the real property for the collection of any sums of money due the divorced spouse under an order of court, the divorced spouse shall be entitled to receive therefrom such sum of money as represents the share of the divorced spouse in the property, as ordered by the court under section 4362 (relating to plaintiff's share of proceeds of sale), together with any sums which may be due to the divorced spouse under an order of support against the former spouse.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4366 - Other enforcement remedies preserved

§ 4366. Other enforcement remedies preserved.
This subchapter and other provisions of this chapter do not remove from the plaintiff the rights to any other existing remedies to enforce a support order, including, but not limited to, the right of the plaintiff to institute proceedings against the real or personal property of the defendant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4371 - Definitions

§ 4371. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Assistance."
Cash assistance, medical assistance or designated services provided under Article IV of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
"Legally responsible relative."
Effective January 1, 1997, a spouse and a parent for an unemancipated minor child.
"Secretary."
The Secretary of Public Welfare of the Commonwealth.
References
in Text.
The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.
The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in this section, was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4372 - Establishment of Title IV-D program

§ 4372. Establishment of Title IV-D program.
(a) Designation of Title IV-D agency.--
The department is the Title IV-D State agency. The department shall create a single and separate organizational unit which shall be responsible for developing and implementing, subject to the approval of the secretary, a federally approved State plan for child support.
(b) Implementation of Title IV-D requirements.--
The department shall construe and implement this subchapter in order to comply with Title IV-D of the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.). The department shall take all steps necessary to implement a federally approved State plan for child support. The department may issue regulations and orders necessary to implement a federally approved State plan for child support. The department may issue interim regulations if Federal law or regulations supersede existing statutes, regulations or court rules.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4373 - Administration of Title IV-D program

§ 4373. Administration of Title IV-D program.
(a) Parent locator service.--
The department shall maintain a parent locator service for the purpose of establishing parentage, for establishing, setting the amount of, modifying or enforcing child support, establishing or enforcing visitation or custody orders and locating legally responsible relatives. The locator services shall utilize all sources of information and legally available records. In addition, the department shall utilize the parent locator service of the Federal Government pursuant to Federal law and shall only make disclosures of information to individuals as provided by Federal law.
(b) Cooperative agreements.--
The department shall undertake, either directly or pursuant to cooperative arrangements with appropriate counties, courts or law enforcement officials, including domestic relations sections, to do all of the following:
(1) Establish paternity of children with respect to whom assistance has been received.
(2) Secure support for children under paragraph (1) from a legally responsible relative.
(3) Determine whether the applicant or recipient is cooperating in good faith with matters set forth in section 4379 (relating to cooperation required).
(4) Notify the applicant or recipient of each noncooperation determination and the basis for such determination.
(5) Make available child support and paternity determination services to any individual not receiving assistance to the extent required by Federal law and upon application submitted to the department on forms provided by the department, the payment of any application fee established by the department and the agreement to pay costs in excess of any fee out of any recovery made by the department.
(c) Incentive payments.--
The department shall make incentive payments to political subdivisions and other states consistent with Federal law whenever the political subdivision or other state enforces or collects support payable to the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4375 - Access to records

§ 4375. Access to records.
(a) Access to be granted.--
The secretary or his designees in writing shall have access to all records, and the department in cooperation with all other agencies of the executive branch shall establish a single, uniform system of information clearance and retrieval. Information collected as a result of the use of tax records shall include the full name, residence or address, name and address of the employer, income and assets and the Social Security number of the noncustodial parent.
(b) Earnings records.--
The Bureau of Employment Security shall provide the department with a statement of earnings clearance upon the request of the department.
(c) Motor vehicle registration information.--
Upon request of the department, the Bureau of Motor Vehicles shall provide information as to all vehicles owned by the applicant or recipient.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4376 - Central registry

§ 4376. Central registry.
(a) Central registry created.--
A central registry of records shall be maintained in the department showing, as far as it is known, with respect to any absent parent against whom support is sought, all of the following:
(1) The full and true name of such parent together with any known aliases.
(2) The date and place of birth.
(3) Physical description.
(4) Social Security number.
(5) Occupation and any special skills he may have.
(6) Military status and Veterans' Administration or military service serial number.
(7) Last known address and the date thereof.
(8) The number of the driver's license.
(9) Any further information that may be of assistance in locating the person or enforcing support.
(b) Information for registry.--
To effectuate the purposes of this section, the department may request and shall receive from all boards or other agencies of this Commonwealth or any of its political subdivisions, and the same are authorized to provide, such assistance and data as will enable the Federal Government, the department and other public agencies in this State or in other states to carry out their duties to locate absent parents for the support of their children. The data to be provided from tax records shall include the full name, residence or address, name and address of the employer, income and assets and the Social Security number of the noncustodial parent. The department shall utilize the parent locator service pursuant to establishment in the Department of Health and Human Services by filing in accordance with section 453(b) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 653(b)).
(c) Certain confidential records.--
Notwithstanding any other provision of law, all State and local law enforcement agencies, the Board of Probation and Parole, the Department of Corrections and the Department of Transportation shall upon request provide the department, any domestic relations section or any child support agency of the Federal Government or any state with such information regarding the location of an individual as may be contained in law enforcement, probation and parole, corrections, motor vehicle registration and operator licensing records.
(d) Limits on use.--
Any records established pursuant to the provisions of this section shall be available only to public welfare offices, district attorneys, probation departments, domestic relations sections, Federal agencies and the agencies of other states conducting activities under Title IV-D of the Social Security Act and courts having jurisdiction in support or abandonment proceedings or actions and only for the purposes for which the records have been established.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4379 - Cooperation required

§ 4379. Cooperation required.
In accordance with a child support plan approved by the Federal Government, the department shall have the power and its duty shall be to:
(1) Require as a condition of eligibility for assistance that an applicant or recipient:
(i) Furnish his or her Social Security account number or, to the extent permitted by Federal law, proof of making application for a Social Security account number if the applicant or recipient has no Social Security account number.
(ii) Assign to the department on forms provided by the department such support rights as the applicant or recipient may have individually or on behalf of any family member who is a part of the assistance group.
(iii) Cooperate with the department in establishing the paternity of a child with respect to whom assistance is claimed unless the department determines that the applicant or recipient has good cause for failing to do so.
(iv) Cooperate in obtaining support payments for such applicant or recipient and for a child with respect to whom such assistance is claimed or in obtaining any other payment or property due such applicant, recipient or such child unless the department determines that the applicant or recipient has good cause for failing to do so.
(2) Require cooperation in accordance with the following:
(i) Subject to Federal approval, only when necessary, cooperation shall include, but not be limited to, taking the following actions:
(A) Identifying the parents of any child for whom assistance is sought or received, including appearing for scheduled genetic testing with the child and submitting to such testing.
(B) Keeping scheduled appointments with the department or domestic relations section.
(C) Providing truthful and accurate information and documents requested by the department or domestic relations section.
(D) Signing and returning any forms requested by the department or domestic relations section.
(E) Appearing as a witness and providing testimony at judicial and other hearings as requested by the domestic relations section.
(F) Paying to the department any support payment received directly from an absent parent after an assignment of support has been made.
(ii) Failure of the mother to identify by name the father of a child shall create a presumption of noncooperation which may be rebutted only by clear and convincing evidence.
(iii) Subject to Federal approval, if the applicant or recipient provides the names of two putative fathers subsequently excluded from paternity by genetic testing, the second exclusion shall create a presumption of noncooperation, which may be rebutted only by clear and convincing evidence.
Cross References.
Section 4379 is referred to in sections 4373, 4380 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4381 - Garnishment of wages of Commonwealth employees

§ 4381. Garnishment of wages of Commonwealth employees.
Notwithstanding any other provision of law, moneys due from or payable by the Commonwealth, including any agency, instrumentality or authority thereof, due to any individual shall be subject, in like manner and to the same extent as if the Commonwealth were a private person, to legal process brought for the enforcement against such individual of his legal obligations to provide support for a child or spouse.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4391 - Definitions

§ 4391. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Date of hire."
The first day an employee performs services for remuneration.
"Employee."
An individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 3401 et seq.). The term shall not include an employee of a Federal or State agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting the information required by this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
"Employer."
The term has the meaning given in section 3401(d) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 3401(d)) and includes any government agency and any labor organization.
"Newly hired employee."
The term includes:
(1) a new employee; and
(2) a rehired former employee who was:
(i) laid off, furloughed, separated or granted leave without pay for more than 30 days; or
(ii) terminated from employment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4392 - Employer reporting

§ 4392. Employer reporting.
(a) General rule.--
For purposes of enhancing child support enforcement activities, including the location of individuals, the establishment of paternity and the enforcement of child support obligations pursuant to this subchapter, a Commonwealth directory of new hires shall be established within the Department of Labor and Industry.
(b) Duty of employer.--
Except as provided in subsection (c), each employer doing business in this Commonwealth shall provide the following information regarding a newly hired employee to the Commonwealth directory of new hires: name; home address; Social Security number; date of hire; the employer's name and address; the identifying number assigned to the employer under section 6109 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 6109); and the name and telephone number of an employer contact. The information may be submitted on a form provided by the Department of Labor and Industry or by attaching the date of hire and name and telephone number of an employer contact to the W-4 form submitted for the newly hired employee. The information may be transmitted by first class mail, magnetically, electronically or by another method authorized by the directory of new hires.
(c) Employees in two or more states.--
An employer that employs individuals in two or more states and that transmits reports magnetically or electronically may comply with subsection (b) by designating one of its offices located in a state in which the employer has employees to send the required report to the Commonwealth directory of new hires. An employer that transmits reports pursuant to this subsection shall notify the Commonwealth directory of new hires and the United States Secretary of Health and Human Services in writing as to which state such employer has designated to send the report required under subsection (b). If the Commonwealth is so designated, the employer shall transmit information in accordance with this subchapter, including the newly hired employee's state of hire, and shall comply with all procedures adopted under this subchapter.
(d) Time for submission.--
The information required under subsection (b) shall be submitted by the employer to the Commonwealth directory of new hires no later than 20 days from the date of hire of a newly hired employee. In the case of a magnetic or electronic transmission of the information, the employer may comply by making two monthly transmissions not less than 12 days nor more than 16 days apart.
Cross References.
Section 4392 is referred to in section 4326 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4393 - Use of information

§ 4393. Use of information.
(a) Access to information.--
The domestic relations sections and the department shall have access to all information required under this subchapter for purposes of locating individuals, establishing paternity and establishing, modifying and enforcing child support obligations. The domestic relations sections and the department may disclose such information to its employees, agents and contractors solely for the purposes set forth in this subsection.
(b) Department access to information.--
The department shall have access to the information received by the Commonwealth directory of new hires for purposes of verifying eligibility for programs administered by the department.
(c) Other programs.--
In addition to child support enforcement, the information received by the Commonwealth directory of new hires may be utilized by the Department of Labor and Industry for purposes of administering the workers' compensation and unemployment compensation programs, including fraud detection, and to develop labor market information for economic and work force development in this Commonwealth.
(d) National directory.--
Information included in the Commonwealth directory of new hires shall be provided to the National Directory of New Hires and as otherwise required by Federal law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4395 - Confidentiality

§ 4395. Confidentiality.
All information received pursuant to this subchapter shall be confidential and shall be used only for the purposes set forth herein. A person commits a summary offense if he or she discloses information received pursuant to this subchapter to an unauthorized person or for an unauthorized purpose and shall be subject to a civil penalty of up to $250 per offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 43 - Support Matters Generally › Section 4396 - Penalties

§ 4396. Penalties.
An employer that fails to report pursuant to this subchapter may be provided a written warning for the first violation and is subject to a civil penalty of up to $25 for each violation which is subsequent to the warning. The civil penalty shall be payable to the Department of Labor and Industry. If the failure to report or the submission of a false report is the result of a conspiracy between the employer and the employee, the employer shall be subject to a civil penalty of up to $500.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 45 - Reciprocal Enforcement of Support Orders (Repealed) › Section 4501 - § 4540 - (Repealed)

1996 Repeal.
Chapter 45 (§§ 4501 - 4540) was added October 30, 1985, P.L.264, No.66, and repealed April 4, 1996, P.L.58, No.20, effective immediately. The subject matter is now contained in Parts VIII and VIII-A of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 46 - Support of the Indigent › Extra - Chapter Notes

Enactment.
Chapter 46 was added July 7, 2005, P.L.196, No.43, effective immediately.
Cross References.
Chapter 46 is referred to in section 7704 of Title 67 (Public Welfare).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 46 - Support of the Indigent › Section 4602 - Definitions

§ 4602. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Court."
A court of common pleas and the Philadelphia Municipal Court.
"Department."
The Department of Public Welfare of the Commonwealth.
References in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 46 - Support of the Indigent › Section 4603 - Relatives' liability; procedure

§ 4603. Relatives' liability; procedure.
(a) Liability.--
(1) Except as set forth in paragraph (2), all of the following individuals have the responsibility to care for and maintain or financially assist an indigent person, regardless of whether the indigent person is a public charge:
(i) The spouse of the indigent person.
(ii) A child of the indigent person.
(iii) A parent of the indigent person.
(2) Paragraph (1) does not apply in any of the following cases:
(i) If an individual does not have sufficient financial ability to support the indigent person.
(ii) A child shall not be liable for the support of a parent who abandoned the child and persisted in the abandonment for a period of ten years during the child's minority.
(b) Amount.--
(1) Except as set forth in paragraph (2), the amount of liability shall be set by the court in the judicial district in which the indigent person resides.
(2) For medical assistance for the aged other than public nursing home care, as provided in section 401 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, the following apply:
(i) Except as set forth in subparagraph (ii), the amount of liability shall, during any 12-month period, be the lesser of:
(A) six times the excess of the liable individual's average monthly income over the amount required for the reasonable support of the liable individual and other persons dependent upon the liable individual; or
(B) the cost of the medical assistance for the aged.
(ii) The department may, by reasonable regulations, adjust the liability under subparagraph (i), including complete elimination of the liability, at a cost to the Commonwealth not exceeding those funds certified by the Secretary of the Budget as available for this purpose.
(c) Procedure.--
A court has jurisdiction in a case under this section upon petition of:
(1) an indigent person; or
(2) any other person or public body or public agency having any interest in the care, maintenance or assistance of such indigent person.
(d) Contempt.--
(1) If an individual liable for support under this section fails to comply with an order under this section, the court shall schedule a contempt hearing. At the hearing, if the court determines that the individual liable for support has intentionally failed to comply with the order, the court may hold the individual in contempt of court and may sentence the individual to up to six months' imprisonment.
(2) This subsection applies regardless of whether the indigent person is confined in a public institution.
References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection (b), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 46 - Support of the Indigent › Section 4604 - Property liable for expenses

§ 4604. Property liable for expenses.
(a) General rule.--
Except as limited by subsection (c), the following apply:
(1) Subject to paragraph (2), the personal property of an indigent person shall be liable for the expenses incurred by a public body or public agency for the support, maintenance, assistance and burial of:
(i) the indigent person;
(ii) the spouse of the indigent person; and
(iii) each unemancipated child of the indigent person.
(2) Paragraph (1) applies to personal property if:
(i) the property was owned during the time the expenses were incurred; or
(ii) during the time the expenses were incurred, there existed a cause of action which resulted in the ownership of the property.
(b) Suit.--
(1) A public body or public agency may sue the owner of property referred to in this subsection for money expended.
(2) Except as set forth in paragraph (3) or subsection (c), the following apply:
(i) A judgment obtained under this subsection shall be a lien upon the estate of the defendant and may be collected as other judgments.
(ii) A claim under this section shall have the force and effect against the real and personal estate of a deceased person as other debts of a decedent and shall be ascertained and recovered in the same manner.
(3) Paragraph (2)(i) does not apply to the real and personal property comprising the home and furnishings of the defendant.
(c) Lien prohibited.--
Except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of an individual, no lien may be imposed against the real property which is the primary residence of any individual or of the individual's spouse on account of assistance paid or to be paid on the individual's behalf.
(d) Lien against proceeds.--
In order to carry out the purposes of this section, the department shall have a first lien against the proceeds of any cause of action that existed during the time an individual, his spouse or his unemancipated children received cash assistance. Unless otherwise directed by the department, no payment or distribution shall be made to a claimant or claimant's designee of the proceeds of any action, claim or settlement where the department has an interest without first satisfying or assuring the satisfaction of the interest of the Commonwealth. Any person who, after receiving notice of the department's interest, knowingly fails to comply with this subsection shall be liable to the department, and the department may sue and recover from the person.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 46 - Support of the Indigent › Section 4605 - Recovery of money

§ 4605. Recovery of money.
(a) Recovery.--
Whenever any person shall become a public charge or receive public assistance, the public body or public agency caring for or furnishing the assistance to the person may sue for and recover any sum of money which is due the person.
(b) Manner of suit.--
A suit under subsection (a) shall be brought in the name of the person for the use of the public body or public agency. Proof that the person to whom the money is due became a public charge or was publicly assisted shall be conclusive proof of the right to recover whatever may be legally due the person. If the amount due has been reduced to judgment, the public body or public agency may be substituted as plaintiff in the judgment. If the amount due is founded on an order or decree of a court, the public body or public agency shall have the right to recover the amount.
(c) Self-support.--
If a person becomes self-supporting or supported by a relative or friend, any money recovered and not expended in the care or assistance of the person shall belong to the person. In the case of the person's death, money not expended for the person's care, assistance and burial shall belong to the person's estate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 46 - Support of the Indigent › Section 4606 - Guardian

§ 4606. Guardian.
(a) Petition.--
Any public body or public agency caring for or assisting any indigent person may petition the court of common pleas, if the person is of full age, or the orphans' court, if the person is a minor, for a rule to show cause why the public body, public agency or some other person appointed by the court should not become the legal guardian of the person and property of the person. The petition shall have attached an inventory of the property of the person. The court shall schedule a hearing on the matter and shall serve notice of the hearing upon the person.
(b) Order.--
After conducting a hearing pursuant to subsection (a), the court may issue an order constituting the public body, public agency or some other person, guardian of the person and the estate of the person, whether or not all of the estate was enumerated in the inventory provided under subsection (a). The proceedings and order shall be indexed in the name of the person pursuant to court rules.
(c) Discharge.--
(1) No person for whom a guardian has been appointed under this section shall be discharged from the guardianship until the person has petitioned the court for termination. The court may terminate the guardianship if it is satisfied that:
(i) the person has become able and willing to resume control of the person's own person and estate; and
(ii) the public body or public agency has been fully reimbursed for the expense of the person's care or assistance or that all of the person's estate has been expended for the reimbursement.
(2) The cost of the proceedings under this subsection shall be paid by the petitioner unless otherwise ordered by the court.
(d) Leases permitted.--
Under the supervision of the appropriate court, a guardian may lease the real estate of any person for a term of years and receive and apply the proceeds of the lease to defray the expenses incurred in the care or assistance and burial of the person. The balance of the proceeds shall be paid to the person upon termination of the guardianship or to the legal representatives of the person after the person's death.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 51 - General Provisions › Section 5101 - Attainment of full age

§ 5101. Attainment of full age.
(a) Age for entering into contracts.--
Any individual 18 years of age and older shall have the right to enter into binding and legally enforceable contracts and the defense of minority shall not be available to such individuals.
(b) Age for suing and being sued.--
Except where otherwise provided or prescribed by law, an individual 18 years of age and older shall be deemed an adult and may sue and be sued as such.