reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.7 - Pleading by Defendant Not Required. Question of Jurisdiction or Venue or Statute of Limitations in Paternity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An answer or other responsive pleading by
				the defendant shall not be required, but if the defendant elects to file a
				pleading, the domestic relations office conference required by the order of
				court shall not be delayed.
(b) If
				defendant raises a question of jurisdiction or venue or in paternity cases the
				defense of the statute of limitations, the court shall promptly dispose of the
				question and may, in an appropriate case, stay the domestic relations office
				conference.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.9 - Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				provided in Rule
				1910.11(j) and
				Rule 1910.12(c),
				there shall be no discovery in an action for support unless authorized by
				special order of court.
(b) Where a
				party is employed, the court shall ascertain the party's earnings and may enter
				an order directing the employer to furnish earnings information to the court as
				provided by Rule
				1910.28.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.10 - Alternative Hearing Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The action shall proceed as prescribed by
				Pa.R.C.P. No. 1910.11 unless the court by local rule adopts the alternative
				hearing procedure of Pa.R.C.P. No. 1910.12.
(b) The president judge or the administrative
				judge of Family Division of each county shall certify that all support
				proceedings in that county are conducted in accordance with either Pa.R.C.P.
				No. 1910.11 or Pa.R.C.P. No. 1910.12. The certification shall be filed with the
				Domestic Relations Procedural Rules Committee, and shall be substantially in
				the following form:
I hereby certify that ______________ County conducts its
				  support proceedings in accordance with Pa.R.C.P. No. ______________.
_________________________________________
(PRESIDENT JUDGE) (ADMINISTRATIVE JUDGE)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.11 - Office Conference. Subsequent Proceedings. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Office Conference
.
(1) A conference officer shall conduct the
				office conference.
(2) A lawyer
				serving as a conference officer employed by, or under contract with, a judicial
				district or appointed by the court shall not practice family law before a
				conference officer, hearing officer, or judge of the same judicial
				district.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.12 - Office Conference. Hearing. Record. Exceptions. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Office Conference
. There
				shall be an office conference as provided by pa.r.c.p. no. 1910.11(a) through
				(d). The provisions of pa.r.c.p. no. 1910.11(d)(3) and (4) regarding income
				information apply in cases proceeding pursuant to pa.r.c.p. no.
				1910.12.
(b)
Conference
				Conclusion
.
(1) At the conclusion of
				a conference attended by both parties, if an agreement for support has not been
				reached, and the conference and hearing are not scheduled on the same day, the
				court, without hearing the parties, shall enter an interim order calculated in
				accordance with the guidelines and substantially in the form set forth in
				Pa.R.C.P. No. 1910.27(e), and the parties shall be given notice of the date,
				time and place of a hearing. A record hearing shall be conducted by a hearing
				officer who must be a lawyer.
(2)
				If either party, having been properly served, fails to attend the conference,
				the court may enter an interim order calculated in accordance with the
				guidelines and substantially in the form set forth in Pa.R.C.P. No. 1910.27(e).
				Within 20 days after the date of receipt or the date of mailing of the interim
				order, whichever occurs first, either party may demand a hearing before a
				hearing officer. If no hearing is requested, the order shall become
				final.
(3) Any lawyer serving as a
				hearing officer employed by, or under contract with, a judicial district or
				appointed by the court shall not practice family law before a conference
				officer, hearing officer, or judge of the same judicial district.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.13-1 - Failure or Refusal to Appear Pursuant to Order of Court. Bench Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a party
				fails to appear at a conference and/or hearing as directed by order of court,
				the court may issue a bench warrant for the arrest of the party if it finds
(1) following a hearing on the record that
				the party had actual notice that the party was ordered to attend the conference
				and/or hearing, or
(2) upon the
				affidavit of a hearing officer or conference officer that
(i) the order of court scheduling the
				conference and/or hearing was served by ordinary mail with the return address
				of the domestic relations section appearing thereon, that the mail was not
				returned to the domestic relations section within fifteen days after mailing,
				and that, at a date after the order of court was mailed, the domestic relations
				section has verified through the U.S. Postal Service or by electronic means
				that mail for the party was being delivered at the address to which the court
				order was mailed; or
(ii) the party
				signed a receipt indicating acceptance of a copy of the court order;
				or
(iii) an employee of the court
				handed a copy of the order to the party; or
(iv) a competent adult handed a copy of the
				court order to the party, and filed an affidavit of service.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.13-2 - Form of Request for Bench Warrant and Supporting Affidavit. Form of Bench Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Request for
				a bench warrant pursuant to Rule
				1910.13 -1 shall be in
				substantially the following form and shall be attached to the Bench Warrant
				form set forth in subdivision (b) of this rule:
[CAPTION]
REQUEST FOR BENCH WARRANT AND
SUPPORTING AFFIDAVIT
1. ____________ did not appear for a
				conference and/or hearing in the Court of Common Pleas of
_________________________ County on the ___ day of
				  ____________ ,. ___ , which was scheduled by an order of court compelling this
				  person's appearance, a copy of which is attached to this
				  request.
2. The party
				received the order of court scheduling the conference and/or hearing in the
				following manner:
[] (a) The order of court (i) was served upon the party by
				  ordinary mail with the return address of the court thereon; (ii) the mail was
				  not returned to the court within fifteen (15) days after mailing; and (iii) at
				  a date after the order of court was mailed, the United States Postal Service
				  has verified that mail for the party was being delivered at the address to
				  which the court order was mailed.
[] (b) The party signed a receipt indicating acceptance of
				  the court order.
[] (c) An employee of the court handed a copy of the court
				  order to the party. The employee's affidavit of service is attached.
[] (d) A competent adult handed a copy of the court order to
				  the party. The adult's affidavit of service is attached.
3. [] This request for Bench Warrant is made
				within sixty days following the party's failure to appear for the conference
				and/or hearing; and
[] I have reviewed the records of the Court and the Domestic
				  Relations Office concerning this case, and attest that the party has not
				  appeared for any domestic relations matter involving the same parties since the
				  date upon which the party failed to appear in violation of the attached order
				  of court.
4. In my capacity
				as hearing officer or conference officer, I request that the attached Bench
				Warrant be issued against the party named on account of the party's failure to
				appear for a scheduled conference and/or hearing in violation of an order of
				court.
The records of the Domestic Relations Section show
				  that:
[] the party owes support arrearages in the amount of $
				  ___.
the party has failed to appear for ___ hearings relating to
				  this case.
I verify that the statements made in this affidavit are true
				  and correct. I understand that false statements herein are made subject to the
				  penalties of
				  18 Pa.C.S. §
												4904
				  relating to unsworn falsification to authorities.
DATE: ____________
__________________________________________
NAME/OFFICIAL TITLE
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.14 - Defendant Leaving Jurisdiction. Security

Current through Register Vol. 54, No. 28, July 13, 2024
At any stage of the proceeding, upon affidavit that the
				  defendant is about to leave the jurisdiction, the court may issue appropriate
				  process directing that the defendant be brought before the court at such time
				  as the court may direct. At that time the court may direct that the defendant
				  give security, with one or more sureties, to appear when directed by the court
				  or to comply with any order of court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.15 - Paternity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Acknowledgment of Paternity
. If the action seeks support for a
				child born out of wedlock and the alleged father is named as defendant, the
				defendant may acknowledge paternity in a verified writing. The conference
				officer shall advise the parties that pursuant to Section 5103(d) of Title 23
				of the Pennsylvania Consolidated Statutes an acknowledgment constitutes
				conclusive evidence of defendant's paternity without further judicial
				ratification in any action to establish support. Upon defendant's execution of
				the written acknowledgment, the action shall proceed as in other actions for
				support.
(b)
Genetic
				Testing.
If the defendant appears but does not execute an
				acknowledgment of paternity at the conference:
(1) The court shall enter an order directing
				the parties to appear for genetic testing. The order must advise the defendant
				that his failure to appear for the testing will result in entry of an order
				finding that he is the father of the child. The order must also advise the
				plaintiff that her failure to appear for testing may result in sanctions,
				including entry of an order dismissing the paternity action without
				prejudice.
(2) The conference
				officer shall advise and provide written notice to the parties that they may
				enter into a written stipulation whereby both agree to submit to genetic
				testing for the purpose of resolving finally the issue of paternity. If the
				test results indicate a 99% or higher probability of paternity, the defendant
				shall be stipulated to be the biological father of the child and the case
				referred for a child support conference. If the test results indicate an
				exclusion, the action shall be dismissed. The written stipulation constitutes a
				waiver of the right to a hearing on the genetic testing or trial on the issue
				of paternity.
(3) The conference
				officer shall advise and provide written notice to the parties that if they do
				not enter into a written stipulation and the test results do not indicate an
				exclusion, there will be a hearing regarding genetic testing or trial before a
				judge without a jury on the issue of paternity in accordance with the
				procedures set forth in subdivision (d) of this Rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.16-2 - Support Guidelines. Calculation of Monthly Net Income

Current through Register Vol. 54, No. 28, July 13, 2024
Generally, the the basic child support, spousal support, or
				  alimony
pendente lite
obligation is based on the parties'
				  monthly net incomes.
(a)
Monthly Gross Income.
Monthly gross income is ordinarily based
				on at least a six-month average of a party's income. The support law,
				23 Pa.C.S. §
										4302,
				defines the term "income" and includes income from any source. The statute
				lists many types of income including, but not limited to:
(1) wages, salaries, bonuses, fees, and
				commissions;
(2) net income from
				business or dealings in property;
(3) interest, rents, royalties, and
				dividends;
(4) pensions and all
				forms of retirement;
(5) income
				from an interest in an estate or trust;
(6) Social Security disability benefits,
				Social Security retirement benefits, temporary and permanent disability
				benefits, workers' compensation, and unemployment compensation;
(7) alimony if, in the trier-of-fact's
				discretion, inclusion of part or all of it is appropriate; and
(8) other entitlements to money or lump sum
				awards, without regard to source, including:
(i) lottery winnings;
(ii) income tax refunds;
(iii) insurance compensation or
				settlements;
(iv) awards and
				verdicts; and
(v) payments due to
				and collectible by an individual regardless of source.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.16-3.1 - Support Guidelines. High-Income Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Child Support.
(1)
Presumptive Minimum Basic Child
				Support Obligation.
(i) The
				presumptive minimum basic child support obligation is the support obligation
				that the trier-of-fact would have awarded if the parties' combined monthly net
				income was $30,000.
(ii) When the
				parties' combined monthly net income exceeds $30,000, the calculated support
				obligation shall not be less than the presumptive minimum basic child support
				obligation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.16-5 - Support Guidelines. Deviation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Deviation
.
(1) The trier-of-fact may deviate from the
				basic child support, spousal support, or alimony
pendente lite
obligation.
(2) If the
				trier-of-fact determines a deviation is appropriate based on the factors in
				subdivision (b), the trier-of-fact shall specify on the record or in writing:
(i) the calculated basic child support,
				spousal support, or alimony
pendente lite
obligation;
(ii) the reason for the
				deviation;
(iii) the findings of
				fact justifying the deviation;
(iv)
				the deviation amount; and
(v) in a
				spousal support or an alimony
pendente lite
action, the
				obligation's duration.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.16-6 - Support Guidelines. Basic Support Obligation Adjustments. Additional Expenses Allocation

Current through Register Vol. 54, No. 28, July 13, 2024
The trier-of-fact may allocate between the parties the
				  additional expenses in subdivisions (a)-(e). even when a basic support order is
				  inappropriate under the facts of the case, the trier-of-fact may allocate
				  between the parties the additional expenses.
Except for the subdivisions (b)(4) and (e) expenses, the
				  trier-of-fact shall calculate the parties' proportionate share of the
				  additional expenses after adjusting the parties' monthly net income by the
				  spousal support or alimony
pendente lite
obligation received
				  or paid, and dividing each party's adjusted monthly net income by the parties'
				  combined monthly net income. However, the trier-of-fact shall not adjust the
				  parties' monthly net incomes when apportioning the expenses in child support
				  only cases.
(a)
Child care
				expenses.
(1) The trier-of-fact:
(i) shall allocate reasonable child care
				expenses paid by the parties, if necessary to maintain employment or
				appropriate education in pursuit of income.
(ii) may allocate reasonable child care
				expenses paid by the parties when the trier-of-fact imputes an earning capacity
				to a party as provided in Pa.R.C.P. No. 1910.16-2(d)(4)(i)(D).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.18 - Support Order. Subsequent Proceedings. Modification of Spousal Support or Alimony Pendente Lite Orders Entered Before January 1, 2019

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subsequent support order modification or
				termination proceedings pursuant to Pa.R.C.P. No. 1910.19 shall be brought in
				the court that entered the order. If the action has been transferred pursuant
				to Pa.R.C.P. No. 1910.2 following the entry of a support order, subsequent
				proceedings shall be brought in the court to which the action was
				transferred.
(b) Subsequent support
				order enforcement proceedings pursuant to Pa.R.C.P. No. 1910.20 may be brought
				in the court that entered the support order or the court to which the order has
				been transferred.
(c) Subdivision
				(a) shall not limit the plaintiff's right to institute additional support
				proceedings in a county of proper venue.
(d) Unless a modification provides that the
				Internal Revenue Code, as amended by the Tax Cuts and Jobs Act of 2017
				(Pub.L. No.
				115-97), expressly applies, an order entered
				before January 1, 2019 that includes spousal support or alimony
pendente lite
is governed by the Pa.R.C.P. No.
				1910.16-4(a)(2)(Part IV) formula.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.20 - Support Order. Enforcement. General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A support order shall be enforced by
				income withholding as required by law in the manner provided by Rule
				1910.21.
(b) Upon the obligor's failure to comply with
				a support order, the order may also be enforced by any one or all of the
				following remedies:
(1) pursuant to Rule
				1910.21, and without further
				hearing or prior notice to the obligor, increasing the amount of monthly
				support payments for payment of the overdue support at a rate to be determined
				by the court; withholding or seizing periodic or lump sum payments of income
				from a government agency, including unemployment compensation, social security,
				retirement or disability benefits and any other benefits; withholding or
				seizing periodic or lump sum payments of income from insurance carriers or
				privately-insured employers, including workers' compensation benefits;
				withholding or seizing judgments or settlements; and withholding or seizing
				public and private retirement funds in pay status;
(2) pursuant to Rule
				1910.22, imposing liens on real
				property;
(3) pursuant to Rule
				1910.23, attaching and seizing
				assets of the obligor held in financial institutions;
(4) pursuant to Rule
				1910.24, reducing and executing a
				judgment against the obligor;
(5)
				pursuant to Rules
				1910.25 through
				1910.25 -6, initiating contempt
				proceedings;
(6) reporting the
				amount of overdue support to consumer reporting agencies in the manner
				prescribed by
				23 Pa.C.S. §
											4303;
(7) when the obligor owes overdue support in
				an amount of three months or more, suspending occupational, commercial/driver's
				and recreational licenses in the manner prescribed by
				23 Pa.C.S. §
											4355.
These remedies are cumulative and not alternative.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.21 - Support Order. Enforcement. Withholding of Income

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Immediate Income
				Withholding
. Every order of court shall contain an immediate order for
				the withholding of income unless (1) there is no overdue support owing under
				the order and (2) either the court finds there is good cause not to require
				immediate income withholding or the parties agree in writing to an alternative
				arrangement.
(b)
Initiated
				Income Withholding
. If there is no immediate income withholding
				pursuant to subdivision (a), and nonpayment of the support order causes overdue
				support to accrue, the court shall enter an order for the immediate withholding
				of income.
(c)
Order for
				Withholding
. An order for income withholding must include a provision
				directing that no commutation or compromise and release of worker's
				compensation benefits, severance pay or any payment in lieu thereof shall be
				paid to the defendant until the order for withholding is dissolved by further
				order of court.
(d)
Service
				on Employer
.
(1) The order for income
				withholding shall be served upon the obligor's employer. The employer shall pay
				to the State Collection and Disbursement Unit the full amount set forth in the
				order and may deduct from the balance due the obligor an amount authorized by
				law for clerical work and expense involved in complying with the order. Upon
				termination of the obligor's employment, the employer shall notify the domestic
				relations section of the termination, the obligor's last known address, and the
				name and address of the obligor's new employer, if known.
(2) Upon willful failure to obey an order for
				income withholding, the employer, or an officer or employee of the employer,
				may be held in contempt and subject to other remedies provided by
				law.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.22 - Support Order. Enforcement. Liens Against Real Property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An overdue support obligation of this or
				any other state which is on record at the domestic relations section shall
				constitute a lien of record by operation of law against the obligor's real
				property located in Pennsylvania. When the overdue obligation arises in another
				state, it shall be transmitted to the Department of Public Welfare Central
				Registry. Upon receipt and verification of the amount owed, the Central
				Registry shall notify the appropriate domestic relations section which shall
				enter the amount owed in its records.
(b) A person seeking certification of a lien
				of record arising from overdue support owed by an obligor shall submit a
				written request for certification to the domestic relations section. The
				request must include the obligor's full name, date of birth and social security
				number, if known. Within two business days, the domestic relations section
				shall provide written certification of the amount of overdue support owed as of
				the date of certification and shall enter the amount and date of certification
				on the docket.
(c) The domestic
				relations section shall provide a copy of the written certification to the
				parties. Either party may object to the certification in writing or by personal
				appearance before the domestic relations section. The grounds for an objection
				are limited to the following:
(1) no overdue
				support exists under the support order or there is a mistake in the certified
				amount of overdue support;
(2) there
				is a mistake in the identity of the obligor; or
(3) the lien cannot attach to the property as
				a matter of law. Pending a court's disposition of the objection, the
				certification shall remain in full force and effect unless stayed by the court
				for good cause shown.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.23 - Support Order. Enforcement. Attachment of Assets Held by Financial Institutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				identification of an obligor's assets held by a financial institution, the
				court shall, upon certification of the overdue support owed by the obligor,
				enter an immediate order prohibiting the release of those assets until further
				order of court. The order shall be served on the financial institution in the
				manner prescribed by Rules 400 through 406 governing service of original
				process or by registered mail, return receipt requested, or by electronic
				service upon the request of the financial institution. Service by mail is
				complete upon the return of the registered mail receipt personally signed by
				the financial institution or other evidence of service satisfactory to the
				court. Service of the order on the financial institution shall attach the asset
				up to the amount of the overdue support until further order of court.
(b) The domestic relations section shall
				provide written notification of the attachment to the obligor. The obligor and
				any joint owner of the account who has been notified by the financial
				institution may object to the attachment in writing or by personal appearance
				before the domestic relations section within 30 days after issuance of the
				notice. The grounds for an objection are limited to the following:
(1) no overdue support exists under the
				support order or there is a mistake in the certified amount of overdue
				support;
(2) there is a mistake in
				the identity of the obligor; or
(3)
				the account is not subject to attachment as a matter of law.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.24 - Support Order. Enforcement. Judgment for Arrearages. Petition to Correct Judgment. Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On and
				after the date it is due, overdue support shall constitute a judgment against
				the obligor as provided by law. The prothonotary shall enter the judgment of
				record upon the proper docket and in the judgment index either at the direction
				of the court or upon praecipe of a party or the domestic relations section. The
				judgment must be accompanied by a written certification showing that obligor
				owes overdue support pursuant to an order of court.
(b) A petition to correct the judgment shall
				be limited to the following grounds:
(1) no
				overdue support exists under the support order or
(2) there is a mistake in the amount of
				overdue support. The petition initially shall be determined before a conference
				officer or hearing officer in the same manner as an original proceeding for
				support. Except as provided by order of court, the filing of a petition to
				correct a judgment shall not stay the proceedings.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25 - Enforcement. Support Order. Civil Contempt. Petition. Service. No Answer Required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				failure to comply with an order of support, a petition for civil contempt
(1) may be filed by the obligee at any time,
				or
(2) shall be filed by the
				domestic relations section
(i) immediately
				upon the accrual of arrearages in any amount for fifteen days where it is known
				at the outset that income cannot be attached; or
(ii) immediately upon learning that an order
				for income withholding pursuant to Rule
				1910.21 has been ineffective, or
				within twenty days of failure to comply with the order of support, whichever is
				earlier.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25-1 - Civil Contempt. Hearing by Court. Conference by Officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After service of the petition and order
				of court upon the respondent, there shall be (1) an office conference conducted
				by a conference officer, as provided by Rule
				1910.25 -2, or (2) an immediate
				hearing by the court, if permitted by the court.
(b) If, at any time during a contempt
				proceeding, including proceedings under Rules
				1910.25 -2, 1910.25-3 and
				1910.25-4, the hearing officer or conference officer determines that the
				failure to comply with the support order is willful and there is present
				ability to comply, the petition for contempt shall be heard by the court for
				consideration of incarceration and other appropriate sanctions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25-2 - Civil Contempt. Office Conference. Agreement. Alternative Procedures Upon Faliure to Agree

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The office
				conference shall be conducted by a conference officer.
(b) The conference officer may make a
				recommendation to the parties as to the disposition of the
				proceedings.
(c) If an agreement is
				reached at the conference, the conference officer shall prepare a written order
				in conformity with the agreement for signature by the parties and submission to
				the court. The court may enter the order in accordance with the agreement
				without hearing the parties.
(d) If
				an agreement is not reached, the procedure shall be as prescribed by Rule
				1910.25 -3 unless the court by
				local rule adopts the alternative procedure of Rule 1910.25-4.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25-3 - Civil Contempt. Conference Summary. Order. Hearing De Novo

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an agreement is not reached, the
				conference officer shall, at the conclusion of the conference or shortly
				thereafter, prepare a conference summary and furnish copies to the court and to
				all parties. The conference summary shall state:
(1) The facts upon which the parties
				agree,
(2) The contentions of the
				parties with respect to facts upon which they disagree, and
(3) The conference officer's recommendation
				whether
(i) The respondent has willfully
				failed to comply with the order for support,
(ii) The respondent should be held in
				contempt, and
(iii) sanctions or
				purge conditions should be imposed against the respondent.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25-4 - Civil Contempt. Alternative Procedure. Record Hearing. Report. Exceptions. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the
				conclusion of the conference if an agreement has not been reached, the parties
				shall be given notice of the date, time, and place of a hearing if the
				conference and hearing have not been scheduled for the same date. The hearing
				on the record shall be conducted by a hearing officer who must be a
				lawyer.
(b) The hearing officer
				shall receive evidence, hear argument and file with the court a report
				containing a proposed order. A copy of the report shall be furnished to all
				parties at the conclusion of the hearing. The report may be in narrative form
				and shall include the officer's recommendation with respect to the following
				matters, together with the reasons therefor:
(1) whether the respondent has willfullly
				failed to comply with the order for support,
(2) whether the respondent should be held in
				contempt, and
(3) whether sanctions
				or purge conditions should be imposed against the respondent.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25-5 - Civil Contempt. Contempt Order. Incarceration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No respondent may be incarcerated as a
				sanction for contempt without an evidentiary hearing before a judge.
(b) The court shall make a finding, on the
				record, as to whether the respondent, based upon the evidence presented at
				hearing, does or does not have the present ability to pay the court-ordered
				amount of support.
(c) An order
				committing a respondent to jail for civil contempt of a support order shall
				specify the conditions the fulfillment of which will result in the release of
				the respondent.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25-6 - Civil Contempt. No Post Trial Relief

Current through Register Vol. 54, No. 28, July 13, 2024
No motions for post trial relief shall be filed to any orders
				  entered pursuant to Rules
				  1910.25 through
				  1910.25 -6.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.25-7 - Indirect Criminal Contempt. Incarceration

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to any other remedy available to the court, the
				  court may order the respondent to obtain employment with income that can be
				  verified and is subject to income attachment. If the respondent willfully fails
				  to comply with an order to obtain such employment, the court may commit the
				  respondent to jail upon adjudication for indirect criminal contempt, provided
				  the respondent is afforded all of the procedural safeguards available to
				  criminal defendants.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.26 - Support Order. Enforcement. Story of Proceedings. Special Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action for
				support or a support order may be stayed only by a special order of court upon
				a showing of compelling circumstances following notice and hearing or upon
				agreement of the parties in writing.
(b) At any time after the filing of the
				complaint, the court may on application issue a preliminary or special
				injunction, appoint a temporary receiver, order the seizure of property,
				dispose of seized property or grant other appropriate interim or special
				relief.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.49 - Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The rules governing an action for support shall not be deemed
				  to suspend or affect the following Acts or parts of Acts of Assembly:
(1) Chapter 43 of Title 23 of the
Consolidated Statutes
,
				23 Pa.C.S. §
										4301 et
				seq., relating to support matters generally;
(2) Chapter 45 of Title 23 of the
Consolidated Statutes
,
				23 Pa.C.S. §
										4501 et
				seq., except § 4533, known as the Revised Uniform Reciprocal Enforcement
				of Support Act (1968);
(3) Section
				1 of the Act of June 11, 1913, P. L. 468,
				48
				P. S. §
										133, relating to execution of a
				support order against real property owned by the entireties;
(4) Sections 1 to 5 of the Act of May 24,
				1923, P. L. 446,
				48
				P. S. §§
										137-141, only insofar as
				the Act authorizes execution against real estate held by the
				entireties;
(5) The Act of December
				19, 1990, P. L. 1240, No. 206,
				23 Pa.C.S. §
										3507,
				insofar as it provides for tenancy in common of property held by the entireties
				after divorce; and
(6) The Act of
				December 19, 1990, P. L. 1240, No. 206,
				23 Pa.C.S. §
										6101,
				known as the Protection from Abuse Act.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.50 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
The following Acts or parts of Acts of Assembly are suspended
				  insofar as they apply to the practice and procedure in an action for
				  support:
(1) Section 3 of the Support
				Law of June 24, 1937, P. L. 2045,
				62
				P. S. §
										1973, insofar as it provides a
				procedure to enforce the liability of relatives for the support of an indigent
				person; and
(2) Section 4 of Act
				1996-20,
				23 Pa.C.S. §
										4342,
				insofar as it provides that long arm jurisdiction shall be used in preference
				to proceedings under Part VIII-A relating to intrastate family support
				actions;
(3) Act Nos. 1997-58 and
				1998-127 insofar as they are inconsistent with Rule
				1910.20 relating to the
				availability of remedies for collection of past due and overdue
				support;
(4) Section 4 of Act
				1997-58,
				23 Pa.C.S. §
										4342(f), insofar as it is
				inconsistent with Rule
				1910.29 as it relates to record
				hearings in support actions;
(5)
				Section 4 of Act 1998-127,
				23 Pa.C.S. §
										4352(d), insofar as it is
				inconsistent with Rule
				1910.22 providing that overdue
				support on public record at the domestic relations section constitutes a lien
				of record against all real property within the state of Pennsylvania which is
				owned by the obligor;
(6) Section 4
				of Act 1998-127,
				23 Pa.C.S. §
										4352(d.1), only insofar as subsection (1) of
				that provision provided that the underlying support action shall either be
				pending at the county domestic relations section or shall be forced by the
				county domestic relations section in order for a lien to arise against real
				property located in that county; and
(7) All Acts or parts of Acts of Assembly
				inconsistent with these rules to the extent of such inconsistency.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.2 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action may
				be brought in any county
(1)
(i) which is the home county of the child at
				the time of commencement of the proceeding, or
(ii) which had been the child's home county
				within six months before commencement of the proceeding and the child is absent
				from the county but a parent or person acting as parent continues to live in
				the county; or
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.3 - Commencement of Action. Complaint. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subdivision (c),
				the plaintiff shall commence a custody action by filing a verified complaint
				substantially in the form provided by Pa.R.C.P. No. 1915.15(a).
(b) An order shall be attached to the
				complaint or petition for modification directing the defendant to appear at a
				time and place specified. The order shall be substantially in the form provided
				by Pa.R.C.P. No. 1915.15(c).
(c) A
				custodyclaim that is joined with a divorce action shall be asserted in the
				divorce complaint or a subsequent petition, which shall be substantially in the
				form provided by Pa.R.C.P.No. 1915.15(a).
(d) If the child's mother is not married and
				the child has no legal or presumptive father, a putative father initiating a
				custody action shall file a paternity claim pursuant to
				23 Pa.C.S. §
										5103 and
				attach a copy to the custody complaint.
(e)
Pleading Facts Establishing
				Standing.
(1) Anindividual seeking
				physical or legal custody of a child, who is
in loco parentis
to the child, shall plead facts establishing standing under
				23 Pa.C.S. §
											5324(2) in Paragraph 9(a) of
				the complaint in Pa.R.C.P. No. 1915.15(a).
(2) A grandparent seeking physical or legal
				custody of a grandchild, who is not
in loco parentis
to the
				child, shall plead facts establishing standing under
				23 Pa.C.S. §
											5324(3) in Paragraph 9(b) of
				the complaint in Pa.R.C.P. No. 1915.15(a).
(3) An individual seeking physical or legal
				custody of a child, who is not
in loco parentis
to the child,
				shall plead facts establishing standing under
				23 Pa.C.S. §
											5324(4) and
				(5) in Paragraph 9(c) of the complaint in
				Pa.R.C.P. No. 1915.15(a).
(4) A
				grandparent or great-grandparent seeking partial physical custody or supervised
				physical custody of a grandchild or great-grandchild shall plead facts
				establishing standing under
				23 Pa.C.S. §
											5325 in
				Paragraph 9(d) of the complaint in Pa.R.C.P. No.
				1915.15(a).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.3-1 - Withdrawal of Pleading. Discontinuance of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Withdrawal of Pleading.
A custody pleading cannot be withdrawn after the issuance of a scheduling order
				or notice of conference regarding claims made in the pleading except
(1) by leave of court after notice to the
				non-moving party, or
(2) by written
				agreement of the parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.4-1 - Alternative Hearing Procedures for Partial Custody Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A custody action shall proceed as
				prescribed by Pa.R.C.P. No. 1915.4-3 unless the court, by local rule, adopts
				the alternative hearing procedure authorized by Pa.R.C.P. No. 1915.4-2 pursuant
				to which an action for partial custody may be heard by a hearing officer,
				except as provided in subdivision (b).
(b) Promptly after the parties' initial
				contact with the court as set forth in Pa.R.C.P. No. 1915.4(a), a party may
				move the court for a hearing before a judge, rather than a hearing officer, in
				an action for partial custody where:
(1) there
				are complex questions of law, fact or both; or
(2) the parties certify to the court that
				there are serious allegations affecting the child's welfare.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.4-2 - Partial Custody. Office Conference. Hearing. Record. Exceptions. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Office
				Conference
.
(1) The office
				conference shall be conducted by a conference officer.
(2) If the respondent fails to appear at the
				conference before the conference officer as directed by the court, the
				conference may proceed without the respondent.
(3) The conference officer may make a
				recommendation to the parties relating to partial custody or supervised
				physical custody of the child or children. If an agreement for partial custody
				or supervised physical custody is reached at the conference, the conference
				officer shall prepare a written order in conformity with the agreement for
				signature by the parties and submission to the court together with the
				officer's recommendation for approval or disapproval. The court may enter an
				order in accordance with the agreement without hearing the parties.
(4) At the conclusion of the conference, if
				an agreement relating to partial custody or supervised physical custody has not
				been reached, the parties shall be given notice of the date, time and place of
				a hearing before a hearing officer, which may be the same day, but in no event
				shall be more than forty-five days from the date of the
				conference.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.4-3 - Non-Record Proceedings. Trials

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Non-Record Proceedings
.
				In judicial districts utilizing an initial non-record proceeding,
i.e.
, office conference, if an agreement is not finalized by
				the conclusion of the proceeding, the conference officer shall promptly notify
				the court that the matter should be listed for trial. A lawyer employed by, or
				under contract with, a judicial district or appointed by the court to serve as
				a conference officer to preside over a non-record proceeding shall not practice
				family law before a conference officer, hearing officer, or judge of the same
				judicial district.
(b)
Trial
. The trial before the court shall be
de
				novo
. The court shall hear the case and render a decision within the
				time periods set forth in Pa.R.C.P. No. 1915.4.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.4-4 - Pre-Trial Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
A pre-trial conference in an initial custody or modification
				  proceeding shall be scheduled before a judge at the request of a party or sua
				  sponte by the court and the procedure shall be as set forth in this rule. If a
				  party wishes to request a pre-trial conference, the praecipe set forth in
				  subdivision (g) shall be filed. The scheduling of a pre-trial conference shall
				  not stay any previously scheduled proceeding unless otherwise ordered by the
				  court.
(a) The praecipe may be filed
				at any time after a custody conciliation or conference with a conference
				officer unless a pre-trial conference has already been scheduled or held. The
				pre-trial conference may be scheduled at any time, but must be scheduled at
				least 30 days prior to trial.
(b)
				Not later than five days prior to the pre-trial conference, each party shall
				file a pre-trial statement with the prothonotary's office and serve a copy upon
				the court and the other party or counsel of record. The pre-trial statement
				shall include the following matters, together with any additional information
				required by special order of the court:
(1)
				the name and address of each expert whom the party intends to call at trial as
				a witness;
(2) the name and address
				of each witness the party intends to call at trial and the relationship of that
				witness to the party. Inclusion of a witness on the pre-trial statement
				constitutes an affirmation that the party's counsel or the self-represented
				party has communicated with the witness about the substance of the witness's
				testimony prior to the filing of the pre-trial statement; and
(3) a proposed order setting forth the
				custody schedule requested by the party.
In addition to the above items included in the pre-trial
				  statement, any reports of experts and other proposed exhibits shall be included
				  as part of the pre-trial statement served upon the other party or opposing
				  counsel, but not included with the pre-trial statement served upon the
				  court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.5 - Question of Jurisdiction, Venue, or Standing. Counterclaim. Discovery. No Responsive Pleading by Defendant Required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Question of Jurisdiction, Venue,
				or Standing
.
(1) A party shall raise
				jurisdiction of the person or venue by preliminary objection.
(2) A party may raise standing by preliminary
				objection or at a custody hearing or trial.
(3) The court may raise standing
sua
				sponte
.
(4) In a
				third-party plaintiff custody action in which standing has not been resolved by
				preliminary objection, the court shall address the third-party plaintiff's
				standing and include its standing decision in a written opinion or
				order.