reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7605 - Notice of registration of order

§ 7605. Notice of registration of order.
(a) Requirement.--
When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) Contents.--
The notice must inform the nonregistering party of all of the following:
(1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this State.
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under section 77A07 (relating to contest of registered convention support order).
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages.
(4) The amount of any alleged arrearages.
(b.1) Multiple orders.--
If the registering party asserts that two or more orders are in effect, a notice must also do all the following:
(1) Identify the two or more orders and order alleged by the registering party to be the controlling order and the consolidated arrearages, if any.
(2) Notify the nonregistering party of the right to a determination of which is the controlling order.
(3) State that the procedure under subsection (b) applies to the determination of which is the controlling order.
(4) State that the failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(c) Employer.--
Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to section 4348 (relating to attachment of income).
(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 7605 is referred to in sections 7606, 77A07 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7606 - Procedure to contest validity or enforcement of registered support order

§ 7606. Procedure to contest validity or enforcement of registered support order.
(a) Action.--
A nonregistering party seeking to contest the validity or enforcement of a registered support order in this State must request a hearing within the time required under section 7605 (relating to notice of registration of order). The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 7607 (relating to contest of registration or enforcement).
(b) Inaction.--
If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) Hearing.--
If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
(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 7606 is referred to in section 77A07 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7607 - Contest of registration or enforcement

§ 7607. Contest of registration or enforcement.
(a) Defenses.--
A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving any of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party.
(2) The order was obtained by fraud.
(3) The order has been vacated, suspended or modified by a later order.
(4) The issuing tribunal has stayed the order pending appeal.
(5) There is a defense under the law of this State to the remedy sought.
(6) Full or partial payment has been made.
(7) The statute of limitation under section 7604 (relating to choice of law) precludes enforcement of some or all of the arrearages.
(8) The alleged controlling order is not the controlling order.
(b) Relief.--
If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.
(c) Affirmance.--
If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7607 is referred to in sections 7606, 77A07 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7608 - Confirmed order

§ 7608. Confirmed order.
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References.
Section 7608 is referred to in section 77A07 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7609 - Procedure to register child support order of another state for modification

§ 7609. Procedure to register child support order of another state for modification.
A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state must register that order in this State in the same manner provided in Subchapter A (relating to registration for enforcement of support order) or B (relating to contest of validity or enforcement) if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading must specify the grounds for modification.
(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 7610 - Effect of registration for modification

§ 7610. Effect of registration for modification.
A tribunal of this State may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of section 7611 (relating to modification of child support order of another state) or 7613 (relating to jurisdiction to modify child support order of another state when individual parties reside in this State) have been met.
(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 7612 - Recognition of order modified in another state

§ 7612. Recognition of order modified in another state.
If a child support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction under a law substantially similar to this part, all of the following are available to a tribunal of this State:
(1) A tribunal may enforce the order that was modified only as to arrears and interest accruing before the modification.
(2) (Deleted by amendment).
(3) A tribunal may provide appropriate relief for violations of that order which occurred before the effective date of the modification.
(4) A tribunal shall recognize the modifying order of the other state upon registration for the purpose of 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 7613 - Jurisdiction to modify child support order of another state when individual parties reside in this State

§ 7613. Jurisdiction to modify child support order of another state when individual parties reside in this State.
(a) General rule.--
If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) Applicable law.--
A tribunal of this State exercising jurisdiction under this section shall apply the provisions of Chapters 71 (relating to general provisions) and 72 (relating to jurisdiction), this Chapter and the procedural and substantive law of this State to the proceeding for enforcement or modification. Chapters 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), 77A (relating to support proceeding under convention) and 78 (relating to interstate rendition) do not apply.
(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 7613 is referred to in sections 7610, 7611 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7614 - Notice to issuing tribunal of modification

§ 7614. Notice to issuing tribunal of modification.
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order had been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment.
Act 58 added section 7614. 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 76 - Registration, Enforcement and Modification of Support Order › Section 7615 - Jurisdiction to modify child support order of a foreign country

§ 7615. Jurisdiction to modify child support order of a foreign country.
(a) Jurisdiction.--
Except as otherwise provided under section 77A11 (relating to modification of convention child support order), if a foreign country lacks or refuses to exercise jurisdiction to modify a child support order issued by the foreign country under the foreign country's laws, a tribunal of this State may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual under section 7611 (relating to modification of child support order of another state) has been given or whether the individual seeking modification is a resident of this State or of a foreign country.
(b) Controlling order.--
An order issued by a tribunal of this State modifying a foreign child support order under this section is the controlling order.
Cross References.
Section 7615 is referred to in section 7201 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 76 - Registration, Enforcement and Modification of Support Order › Section 7616 - Procedure to register child support order of a foreign country for modification

§ 7616. Procedure to register child support order of a foreign country for modification.
A party or support enforcement agency seeking to modify or to modify and enforce a foreign child support order not under the convention may register that order in this State under Subchapter A (relating to registration for enforcement of support order) or B (relating to contest of validity or enforcement) if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77 - Determination of Parentage (Repealed) › Extra - Chapter Notes

Enactment.
Chapter 77A was added December 28, 2015, P.L.559, No.94, effective immediately.
Cross References.
Chapter 77A is referred to in sections 7101.1, 7105, 7613 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77 - Determination of Parentage (Repealed) › Section 7701 - (Repealed)

2015 Repeal.
Chapter 77 (§ 7701) was added April 4, 1996, P.L.58, No.20, and repealed December 28, 2015, P.L.559, No.94, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Extra - Chapter Notes

Enactment.
Chapter 77A was added December 28, 2015, P.L.559, No.94, effective immediately.
Cross References.
Chapter 77A is referred to in sections 7101.1, 7105, 7613 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A01 - Definitions

§ 77A01. 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:
"Application."
A request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
"Central authority."
The entity designated by the United States or a foreign country defined in paragraph (4) of the definition of "foreign country" in section 7101.1 (relating to definitions) to perform the functions specified in the convention.
"Convention support order."
A support order of a tribunal of a foreign country defined in paragraph (4) of the definition of "foreign country" in section 7101.1.
"Direct request."
A petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor or child residing outside the United States.
"Foreign central authority."
The entity designated by a foreign country defined in paragraph (4) of the definition of "foreign country" in section 7101.1 to perform the functions specified in the convention.
"Foreign support agreement."
(1) An agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(A) formally prepared or registered as an authentic instrument by a foreign tribunal; or
(B) authenticated by or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal.
(2) The term includes a maintenance arrangement or authentic instrument under the convention.
"United States central authority." The Secretary of the United States Department of Health and Human Services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A02 - Applicability

§ 77A02. Applicability.
This chapter applies only to a support proceeding under the convention. In a proceeding, if a provision of this chapter is inconsistent with 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), this chapter controls.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A04 - Initiation by department of support proceeding under convention

§ 77A04. Initiation by department of support proceeding under convention.
(a) Duties.--
In a support proceeding under this chapter, the department shall do all of the following:
(1) Transmit and receive applications.
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.
(b) Obligee support proceedings.--
All of the following support proceedings are available to an obligee under the convention:
(1) Recognition or recognition and enforcement of a foreign support order.
(2) Enforcement of a support order issued or recognized in this State.
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.
(4) Establishment of a support order if recognition of a foreign support order is refused under section 77A08(b)(2), (4) or (9) (relating to recognition and enforcement of registered convention support order).
(5) Modification of a support order of a tribunal of this State.
(6) Modification of a support order of a tribunal of another state or a foreign country.
(c) Obligor support proceedings.--
All of the following support proceedings are available under the convention to an obligor against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State.
(2) Modification of a support order of a tribunal of this State.
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) Prohibition.--
A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
Cross References.
Section 77A04 is referred to in section 77A08 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A05 - Direct request

§ 77A05. Direct request.
(a) General rule.--
A petitioner may file a direct request seeking:
(1) Establishment or modification of a support order or determination of parentage of a child. In the proceeding, the determination of parentage of a child under the law of this State applies.
(2) Recognition and enforcement of a support order or support agreement. In the proceeding, sections 77A06 (relating to registration of convention support order), 77A07 (relating to contest of registered convention support order), 77A08 (relating to recognition and enforcement of registered convention support order), 77A09 (relating to partial enforcement), 77A10 (relating to foreign support agreement), 77A11 (relating to modification of convention child support order), 77A12 (relating to personal information) and 77A13 (relating to record in original language) apply.
(b) Requirements.--
In a direct request for recognition and enforcement of a convention support order or foreign support agreement, the following apply:
(1) A security, bond or deposit may not be required to guarantee the payment of costs and expenses.
(2) An obligee or obligor that, in the issuing country, has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.
(c) (Reserved).
(d) Assistance.--
A petitioner filing a direct request is not entitled to assistance from the department.
(e) Application of other laws.--
This chapter does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A06 - Registration of convention support order

§ 77A06. Registration of convention support order.
(a) Registration required.--
Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this State as provided in Chapter 76 (relating to registration, enforcement and modification of support order).
(b) Documentation required.--
Notwithstanding sections 7311 (relating to pleadings and accompanying documents) and 7602(a) (relating to procedure to register order for enforcement), a request for registration of a convention support order must be accompanied by the following:
(1) A complete text of the support order or an abstract of the support order prepared by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law.
(2) A record stating that the support order is enforceable in the issuing country.
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(4) A record showing the amount of arrears, if any, and the date the amount was calculated.
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations.
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) Recognition and partial enforcement.--
A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(d) Vacating registration.--
A tribunal of this State may vacate the registration of a convention support order without the filing of a contest under section 77A07 (relating to contest of registered convention support order) only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) Notification.--
The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
Cross References.
Section 77A06 is referred to in sections 7602, 77A05, 77A08 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A07 - Contest of registered convention support order

§ 77A07. Contest of registered convention support order.
(a) Applicability.--
Except as otherwise provided in this chapter, sections 7605 (relating to notice of registration of order), 7606 (relating to procedure to contest validity or enforcement of registered support order), 7607 (relating to contest of registration or enforcement) and 7608 (relating to confirmed order) apply to a contest of a registered convention support order.
(b) Time.--
A party contesting a registered convention support order must file a contest:
(1) Not later than 30 days after notice of the registration if the contesting party resides in the United States.
(2) Not later than 60 days after notice of the registration if the contesting party does not reside in the United States.
(c) Failure to contest.--
If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b), the order is enforceable.
(d) Basis of contest.--
A contest of a registered convention support order may be based only on grounds set forth in section 77A08 (relating to recognition and enforcement of registered convention support order). The contesting party shall bear the burden of proof.
(e) Tribunal duties.--
In a contest of a registered convention support order, a tribunal of this State:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(f) Notification of decision.--
A tribunal of this State deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(g) Appeals.--
A challenge or appeal does not stay the enforcement of a convention support order unless there are exceptional circumstances.
Cross References.
Section 77A07 is referred to in sections 7605, 77A05, 77A06 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A08 - Recognition and enforcement of registered convention support order

§ 77A08. Recognition and enforcement of registered convention support order.
(a) General rule.--
Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered convention support order.
(b) Refusal of recognition or enforcement.--
The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(2) The issuing tribunal lacked personal jurisdiction consistent with section 7201 (relating to bases for jurisdiction over nonresident).
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter of procedure.
(5) A record transmitted in accordance with section 77A06 (relating to registration of convention support order) lacks authenticity or integrity.
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed.
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this part in this State.
(8) Payment, to the extent alleged arrears have been paid in whole or in part.
(9) In a case in which the respondent did not appear and was not represented in the proceeding in the issuing foreign country:
(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(10) The order was made in violation of section 77A11 (relating to modification of convention child support order).
(c) Procedure in certain situations.--
If a tribunal of this State does not recognize a convention support order under subsection (b)(2), (4) or (9):
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(2) the department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 77A04 (relating to initiation by department of support proceeding under convention).
Cross References.
Section 77A08 is referred to in sections 77A04, 77A05, 77A07, 77A11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A09 - Partial enforcement

§ 77A09. Partial enforcement.
If a tribunal of this State does not recognize and enforce a convention support order in the order's entirety, the tribunal shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
Cross References.
Section 77A09 is referred to in section 77A05 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A10 - Foreign support agreement

§ 77A10. Foreign support agreement.
(a) Recognition and enforcement.--
Except as otherwise provided in subsections (c) and (d), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
(b) Documentation required.--
An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by the following:
(1) A complete text of the foreign support agreement.
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) Vacating registration.--
A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) Contested agreements.--
In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds any of the following:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy.
(2) The agreement was obtained by fraud or falsification.
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this part in this State.
(4) The record submitted under subsection (b) lacks authenticity or integrity.
(e) Suspension during appeal.--
A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Cross References.
Section 77A10 is referred to in section 77A05 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A11 - Modification of convention child support order

§ 77A11. Modification of convention child support order.
(a) General rule.--
A tribunal of this State may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless one of the following occurs:
(1) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity.
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify the support order or issue a new support order.
(b) Order not recognized.--
If a tribunal of this State does not modify a convention child support order because the order is not recognized in this State, section 77A08(c) (relating to recognition and enforcement of registered convention support order) applies.
Cross References.
Section 77A11 is referred to in sections 7615, 77A05, 77A08 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A12 - Personal information

§ 77A12. Personal information.
Personal information gathered or transmitted under this chapter may be used only for the purposes for which the information was gathered or transmitted.
Cross References.
Section 77A12 is referred to in section 77A05 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 77A - Support Proceeding Under Convention › Section 77A13 - Record in original language

§ 77A13. Record in original language.
A record filed with a tribunal of this State under this part must be in the original language and, if not in English, must be accompanied by an English translation.
Cross References.
Section 77A13 is referred to in section 77A05 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 78 - Interstate Rendition › Section 7801 - Grounds for rendition

§ 7801. Grounds for rendition.
(a) Definition of Governor.--
For purposes of this chapter, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this part.
(b) Authority of Governor.--
The Governor of this State may do either of the following:
(1) Demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee.
(2) On the demand by the Governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) Extended extradition.--
A provision for extradition of individuals not inconsistent with this part applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from the demanding state.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment.
Act 94 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 78 - Interstate Rendition › Section 7802 - Conditions of rendition

§ 7802. Conditions of rendition.
(a) Extradition to this State.--
Before making demand that the Governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this part or that the proceeding would be of no avail.
(b) Extradition from this State.--
If under this part or a law substantially similar to this part the Governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) Declining to honor demand.--
If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment.
Act 94 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 79 - Miscellaneous Provisions › Section 7901 - Uniformity of application and construction

§ 7901. Uniformity of application and construction.
In applying and construing this uniform part, consideration must be given to the need to promote uniformity of the law with respect to the law's subject matter among states which enact this uniform law.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 79 - Miscellaneous Provisions › Section 7902 - Transitional provision

§ 7902. Transitional provision.
This part applies to proceedings beginning on or after the effective date of this section to do any of the following:
(1) Establish a support order.
(2) Determine parentage of a child.
(3) Register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or entered.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment. Act 94 added section 7902.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 79 - Miscellaneous Provisions › Section 7903 - Severability

§ 7903. Severability.
If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
2015 Amendment. Act 94 added section 7903.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 81 - General Provisions › Section 8103 - Remedies cumulative

§ 8103. Remedies cumulative.
Remedies provided by this part are cumulative and do not affect the availability of remedies under other law. The procedures established by Pa.R.C.P. No. 1910.1 et seq. (relating to action for support) shall be used in preference to the procedures of this part unless any of the following applies:
(1) The tribunal or domestic relations section determines that use of this part is necessary for the effective establishment or enforcement of support because any of the following apply:
(i) After diligent effort, the obligee is unable to effect service upon the obligor.
(ii) It is not possible to enter an order against the obligor in the county where the obligee resides.
(iii) The obligor is already subject to an order for support in the case at bar or in any other case.
(2) The obligee requests proceedings under this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 82 - Jurisdiction › Section 8201 - Continuing, exclusive jurisdiction

§ 8201. Continuing, exclusive jurisdiction.
(a) Extent.--
A tribunal issuing a support order has continuing, exclusive jurisdiction over a support order unless otherwise provided by Part VIII (relating to uniform interstate family support) or this part.
(b) Faith and credit.--
A tribunal shall recognize the continuing, exclusive jurisdiction of another tribunal which has issued a support order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 82 - Jurisdiction › Section 8202 - Recognition of support orders

§ 8202. Recognition of support orders.
(a) Principles.--
If a proceeding is brought under this part and more than one support order has been issued in this Commonwealth with regard to the same obligation, a tribunal shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:
(1) If two or more tribunals have issued support orders for the same obligation and only one of the tribunals would have continuing, exclusive jurisdiction under this part, the order of that tribunal must be recognized.
(2) If two or more tribunals have issued support orders for the same obligation and more than one of the tribunals would have continuing, exclusive jurisdiction under this part, an order issued by a tribunal in the county where the obligee resides must be recognized, but, if an order has not been issued in the county where the obligee resides, the order most recently issued must be recognized.
(3) If two or more tribunals have issued support orders for the same obligation and none of the tribunals would have continuing, exclusive jurisdiction under this part, the tribunal may issue a support order which must be recognized.
(b) Result.--
The tribunal that has issued an order recognized under subsection (a) is the tribunal having continuing, exclusive jurisdiction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 83 - Civil Provisions of General Application › Extra - Chapter Notes

Enactment.
Chapter 83 was added April 4, 1996, P.L.58, No.20, effective immediately.
Prior Provisions.
Former Chapter 83, which related to legitimacy of children, was added October 15,
            1980, P.L.934, No.163, and repealed December 19, 1990, P.L.1240, No.206, effective
            in 90 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 83 - Civil Provisions of General Application › Section 8301 - Proceedings under this part

§ 8301. Proceedings under this part.
(a) Scope.--
This part provides for the following proceedings:
(1) Establishment of an order for spousal support or child support.
(2) Registration of an order for spousal support or child support of another county for enforcement or modification pursuant to Chapter 84 (relating to enforcement and modification of support order after registration).
(b) Commencement.--
An individual petitioner or a support enforcement agency must commence a proceeding authorized under this part by filing a petition or complaint in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or complaint directly in a tribunal of another county which has or can obtain personal jurisdiction over the respondent.
Cross References.
Section 8301 is referred to in section 8304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 83 - Civil Provisions of General Application › Section 8303 - Duties of initiating tribunal

§ 8303. Duties of initiating tribunal.
Upon the filing of a petition or complaint authorized by this part, an initiating tribunal shall forward one copy of the petition or complaint and its accompanying documents to the responding tribunal.
Cross References.
Section 8303 is referred to in section 2512 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 83 - Civil Provisions of General Application › Section 8304 - Duties and powers of responding tribunal

§ 8304. Duties and powers of responding tribunal.
(a) Filing and notice.--
If a responding tribunal receives a petition, a complaint or comparable pleading from an initiating tribunal or directly pursuant to section 8301(b) (relating to proceedings under this part), it shall file the pleading and notify the petitioner by first class mail where and when it was filed.
(b) Action.--
A responding tribunal, to the extent otherwise authorized by law, may do any of the following:
(1) Exercise continuing, exclusive jurisdiction to issue or enforce a support order, modify a support order or render a judgment to determine parentage.
(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
(3) Order income withholding.
(4) Determine the amount of any arrearages and specify a method of payment.
(5) Enforce orders by civil or criminal contempt, or both.
(6) Set aside property for satisfaction of the support order.
(7) Place liens and order execution on the obligor's property.
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at place of employment.
(9) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any state and local computer systems for criminal warrants.
(10) Order the obligor to seek appropriate employment by specified methods.
(11) Award reasonable attorney fees and other fees and costs.
(12) Issue a temporary child support order pending judicial resolution of a dispute regarding paternity if any of the following apply:
(i) The obligor has signed an acknowledgment of paternity.
(ii) The obligor has been determined under State law to be the parent.
(iii) There is clear and convincing evidence that the obligor is the child's parent.
(13) Grant any other available remedy.
(c) Findings of fact.--
A responding tribunal shall include in a support order issued under this part or in the documents accompanying the order the findings of fact on which the support order is based.
(d) Visitation.--
A responding tribunal may not condition the payment of a support order issued under this part upon compliance by a party with provisions for visitation.
(e) Notice.--
If a responding tribunal issues an order under this part, the tribunal shall send a copy of the order by first class mail to the petitioner and the respondent and to the initiating tribunal, if any.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 83 - Civil Provisions of General Application › Section 8305 - Inappropriate tribunal

§ 8305. Inappropriate tribunal.
If a petition, complaint or comparable pleading is received by an inappropriate tribunal, it shall forward the pleading and accompanying documents to an appropriate tribunal and notify the petitioner by first class mail where and when the pleading was sent.