23 Pa.C.S. Ch. 76

in effect

23 Pa.C.S. § 7601 Registration of order for enforcement.

A support order or an income-withholding order issued in another state or a foreign support order may be registered in this State for enforcement. (Dec. 28, 2015, P.L.559, No.94, eff. imd.)

23 Pa.C.S. § 7602 Procedure to register order for enforcement.

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

23 Pa.C.S. § 7603 Effect of registration for enforcement.

(a) Procedure.--A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this State. (b) Enforcement.--A registered support order issued in another state or a foreign county is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State. (c) Faith and credit.--Except as otherwise provided in this chapter, a tribunal of this State shall recognize and enforce but may not modify a registered support order if the issuing tribunal had jurisdiction. (Dec. 28, 2015, P.L.559, No.94, eff. imd.)

23 Pa.C.S. § 7604 Choice of law.

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

23 Pa.C.S. § 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.

23 Pa.C.S. § 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.

23 Pa.C.S. § 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.

23 Pa.C.S. § 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.

23 Pa.C.S. § 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.)

23 Pa.C.S. § 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.)

23 Pa.C.S. § 7611 Modification of child support order of another state.

(a) Authority.--After a child support order issued in another state has been registered in this State, the responding tribunal of this State may modify that order, upon petition, only if section 7613 (relating to jurisdiction to modify child support order of another state when individual parties reside in this State) does not apply and after notice and hearing it finds one of the following: (1) The following requirements are met: (i) the child, the individual obligee and the obligor do not reside in the issuing state; (ii) a petitioner who is a nonresident of this State seeks modification; and (iii) the respondent is subject to the personal jurisdiction of the tribunal of this State. (2) This State is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State; and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction over the order. (b) General rule.--Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this State, and the order may be enforced and satisfied in the same manner. (c) Restriction.--A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under section 7207 (relating to determination of controlling child support order) establishes the aspects of the support order which are not modifiable. (c.1) Modification.--In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State. (d) Continuing, exclusive jurisdiction.--On issuance of an order by a tribunal of this State modifying a child support order issued in another state, a tribunal of this State becomes the tribunal of continuing, exclusive jurisdiction. (e) Filing.--(Deleted by amendment). (f) Retained jurisdiction.--Notwithstanding subsection (a), (b), (c) or (d) or section 7201(b) (relating to bases for jurisdiction over nonresident), a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if the following are met: (1) One party resides in another state. (2) The other party resides outside the United States. (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 7611 is referred to in sections 7201, 7610, 7615 of this title.

23 Pa.C.S. § 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.)

23 Pa.C.S. § 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.

23 Pa.C.S. § 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.

23 Pa.C.S. § 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.

23 Pa.C.S. § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23Fetched: 10/16/2026