23 Pa.C.S. Ch. 73

in effect

23 Pa.C.S. § 7301 Proceedings under this part.

(a) Scope.--Except as otherwise provided in this part, this Chapter applies to all proceedings under this part. (b) Proceedings.--(Deleted by amendment). (c) Commencement.--An individual petitioner or a support enforcement agency may commence a proceeding authorized under this part by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7301 is referred to in section 7305 of this title.

23 Pa.C.S. § 7302 Action by minor parent.

A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit of the minor's child.

23 Pa.C.S. § 7303 Application of law of this State.

Except as otherwise provided by this part, a responding tribunal of this State: (1) shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and (2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this State.

23 Pa.C.S. § 7304 Duties of initiating tribunal.

(a) Copies of petition.--Upon the filing of a petition authorized by this part, an initiating tribunal of this State shall forward three copies of the petition and its accompanying documents: (1) to the responding tribunal or appropriate support enforcement agency in the responding state; or (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) Special circumstances.-- (1) If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. (2) If the responding tribunal is in a foreign country, upon request, the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rates as publicly reported and provide other documents necessary to satisfy the requirements of the responding foreign tribunal. (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 amended subsec. (b). 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.

23 Pa.C.S. § 7305 Duties and powers of responding tribunal.

(a) Filing and notice.--If a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 7301(c) (relating to proceedings under this part), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) Action.--A responding tribunal of this State, to the extent otherwise not prohibited by law, may do any of the following: (1) Establish or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage of a child. (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, e-mail address, telephone number, employer, address of employment and telephone number at the 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) Grant any other available remedy. (c) Calculations.--A responding tribunal of this State shall include in a support order issued under this part or in the documents accompanying the order the calculations on which the support order is based. (d) Visitation.--A responding tribunal of this State 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 of this State issues an order under this part, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating agency or tribunal, if any. (f) Foreign currency.--If requested to enforce a support order, arrears or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rates as publicly reported. (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 7305 is referred to in section 7401 of this title.

23 Pa.C.S. § 7306 Inappropriate tribunal.

If a petition or comparable pleading is received by an inappropriate tribunal of this State, it shall forward the pleading and accompanying documents to an appropriate tribunal in this State or another state and notify the petitioner where and when the pleading was sent. (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998) 1997 Amendment. Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.

23 Pa.C.S. § 7307 Duties of support enforcement agency.

(a) General duty.--In a proceeding under this part, a support enforcement agency of this State, upon request: (1) Shall provide services to a petitioner residing in a state. (2) Shall provide services to a petitioner requesting services through a central authority of a foreign country as defined in paragraph (1) or (4) of the definition of "foreign country" in section 7101.1 (relating to definitions). (3) May provide services to a petitioner who is an individual not residing in a state. (b) Specific duties.--A support enforcement agency that is providing services to the petitioner shall do all of the following: (1) Take all steps necessary to enable an appropriate tribunal of this State, another state or a foreign country to obtain jurisdiction over the respondent. (2) Request an appropriate tribunal to set a date, time and place for a hearing. (3) Make a reasonable effort to obtain relevant information, including information as to income and property of the parties. (4) Within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner. (5) Within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner. (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (b.1) Registration.--A support enforcement agency of this State that requests registration of a child support order in this State for enforcement or for modification shall make reasonable efforts to do one of the following: (1) Ensure that the order to be registered is the controlling order. (2) If two or more child support orders exist and the identity of the controlling order has not been determined, ensure that a request for a determination is made in a tribunal having jurisdiction. (b.2) Conversion.--A support enforcement agency of this State that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rates as publicly reported. (b.3) Payment.--A support enforcement agency of this State shall request a tribunal of this State to issue a child support order and an income withholding order that redirect payment of current support, arrears and interest, if requested to do so by a support enforcement agency of another state under section 7319 (relating to receipt and disbursement of payments). (c) Fiduciaries.--This part does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. (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.

23 Pa.C.S. § 7308 Supervisory duty.

(a) Secretary.--If the secretary determines that a support enforcement agency is neglecting or refusing to provide services to an individual, the secretary may order the agency to perform its duties under this part or may provide those services directly to the individual. (b) Reciprocity.--The secretary may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination. (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 7308 is referred to in section 7101.1 of this title.

23 Pa.C.S. § 7309 Private counsel.

An individual may employ private counsel to represent the individual in proceedings authorized by this part.

23 Pa.C.S. § 7310 Duties of department.

(a) Designation.--The department is the State information agency under this part. (b) Duties.--The department shall do all of the following: (1) Compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this part and any support enforcement agencies in this State and transmit a copy to the state information agency of every other state. (2) Maintain a register of tribunals and support enforcement agencies received from other states. (3) Forward to the appropriate tribunal in the place in this State in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, documents concerning a proceeding under this part received from another state or a foreign country. (4) Obtain information concerning the location of the obligor and the obligor's property within this State not exempt from execution by such means as postal verification; Federal or State locator services; examination of telephone directories; requests for the obligor's address from employers; and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and Social Security. (5) (Deleted by amendment). (6) (Deleted by amendment). (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.

23 Pa.C.S. § 7311 Pleadings and accompanying documents.

(a) Verification and content.--In a proceeding under this part, a petitioner seeking to establish a support order to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 7312 (relating to nondisclosure of information in exceptional circumstances), the petition or accompanying documents must provide, so far as known, the name, residential address and Social Security number of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, Social Security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. (b) Relief.--The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by Federal law for use in cases filed by a support enforcement agency. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7311 is referred to in section 77A06 of this title.

23 Pa.C.S. § 7312 Nondisclosure of information in exceptional circumstances.

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of the specific identifying information, the specific identifying information must be sealed and may not be disclosed to the other party or the public. After a hearing in which the tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7312 is referred to in sections 7311, 7602 of this title.

23 Pa.C.S. § 7313 Costs and fees.

(a) Petitioner.--The petitioner may not be required to pay a filing fee or other costs. (b) Obligor.--If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating state or the responding state or foreign country except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses. (c) Dilatory actions.--The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under Chapter 76 (relating to registration, enforcement and modification of support order), a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. (Dec. 28, 2015, P.L.559, No.94, eff. imd.)

23 Pa.C.S. § 7314 Limited immunity of petitioner.

(a) Jurisdiction over person.--Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) Service.--A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this part. (c) Exception.--The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this part committed by a party while present in this State to participate in the proceeding.

23 Pa.C.S. § 7315 Nonparentage as defense.

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part.

23 Pa.C.S. § 7316 Special rules of evidence and procedure.

(a) Physical presence.--The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child. (b) Hearsay exception.--A petition, affidavit or document, substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, are admissible in evidence if given under penalty of perjury by a party or witness residing outside this State. (c) Payment record.--A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (d) Bills.--Copies of bills for testing for parentage of a child and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary. (e) Transmission of documentary evidence.--Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission. (f) Testimony.--In a proceeding under this part, a tribunal of this State may permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. (g) Self-incrimination.--If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) Spousal communications.--A privilege against disclosure of communications between spouses does not apply in a proceeding under this part. (i) Family immunity.--The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this part. (j) Parentage.--A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7316 is referred to in section 7210 of this title.

23 Pa.C.S. § 7317 Communications between tribunals.

A tribunal of this State may communicate with a tribunal outside this State in a record or by telephone, e-mail or other means to obtain information concerning the laws; the legal effect of a judgment, decree or order of that tribunal; and the status of a proceeding. A tribunal of this State may furnish similar information by similar means to a tribunal outside this State. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7317 is referred to in section 7210 of this title.

23 Pa.C.S. § 7318 Assistance with discovery.

A tribunal of this State may do all of the following: (1) Request a tribunal outside this State to assist in obtaining discovery. (2) Upon request, compel a person subject to its jurisdiction to respond to a discovery order issued by a tribunal outside this State. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7318 is referred to in section 7210 of this title.

23 Pa.C.S. § 7319 Receipt and disbursement of payments.

(a) Payments.--A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal outside this State or of a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received. (b) Residency.--If the obligor, the obligee who is an individual and the child do not reside in this State, upon request from the support enforcement agency of this State or another state, the support enforcement agency of this State or a tribunal of this State shall do all of the following: (1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services. (2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. (c) Certificated records.--The support enforcement agency of this State receiving redirected payments from another state under a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7319 is referred to in section 7307 of this title.

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