Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.17 - Support Order. Effective Date. Change of Circumstances. Copies of Order. Priority of Distribution of Payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An order of support shall be effective
				from the date of the filing of the complaint or petition for modification
				unless the order specifies otherwise. In a child support case, if a change in
				custody occurs after the date of filing, but before a domestic relations
				conference is held, the trier of fact shall enter a charging order going
				forward in favor of the primary custodian that shall be effective from the date
				of the change in custody. The trier of fact also may enter a retroactive
				arrears order in favor of the party who was the primary custodian at the time
				of filing. Such an order may address the period from the date of fining to the
				date of the change in custody. However, a modification of an existing support
				order may be retroactive to a date preceding the date of filing if the
				petitioner was precluded from filing a petition for modification by reason of a
				significant physical or mental disability, misrepresentation of another party
				or other compelling reason and if the petitioner, when no longer precluded,
				promptly filed a petition.
Example
: Mother has primary custody of the
				  children and files for child support. Two months later, Father becomes the
				  primary custodian. One month after the change in custody, a support conference
				  is held. Father will be the obligee on a charging order that is retroactive to
				  the date he became the primary custodian. However, an order also may be entered
				  with Mother as the obligee for the two-month period from the date of filing to
				  the date of the change in custody.
Every order of support must contain an immediate or
				  conditional order for the attachment of income. See Rule
				  1910.21.
(b) The order shall
				notify the obligee and the obligor that each is under a continuing obligation
				to inform the domestic relations section in writing or by personal appearance
				and all other parties in writing within seven days of any material change in
				circumstances relevant to the level of support or the administration of the
				support order, including, but not limited to, loss or change of income or
				employment and change of personal address or change of address of any child
				receiving support. The order shall also notify the parties that if a party
				willfully fails to inform the domestic relations section of the required
				information, the court may adjudge the party to be in contempt of court
				pursuant to Rules
				1910.25 through
				1910.25 -6 and may order the
				party to be punished by one or more of the following: jail, fine or
				probation.
(c) A copy of the
				support order shall be provided to each party to the action and to the party's
				attorney, if any, pursuant to Rule 440.
(d) The priorities for distribution of
				payments and/or collections from the obligor, without regard to the source of
				the funds or method of collection, are as follows:
(1) monthly current child support.
(2) medical, child care or other
				court-ordered child support-related expenses.
(3) monthly ordered amount toward child
				support arrears.
(4) monthly
				current spousal support or alimony pendente lite.
(5) remaining child support
				arrears.
(6) monthly ordered amount
				toward spousal support or alimony pendente lite arrears.
(7) remaining spousal support or alimony
				pendente lite arrears.
(8) court
				costs and fees.