Pennsylvania Consolidated Statutes

DOMESTIC RELATIONS (TITLE 23)

INTRASTATE FAMILY SUPPORT

CHAPTER 73. CIVIL PROVISIONS OF GENERAL APPLICATION

§ 7301. Proceedings under this part.
§ 7302. Action by minor parent.
§ 7303. Application of law of this State.
§ 7304. Duties of initiating tribunal.
§ 7305. Duties and powers of responding tribunal.
§ 7306. Inappropriate tribunal.
§ 7307. Duties of support enforcement agency.
§ 7308. Supervisory duty.
§ 7309. Private counsel.
§ 7310. Duties of department.
§ 7311. Pleadings and accompanying documents.
§ 7312. Nondisclosure of information in exceptional circumstances.
§ 7313. Costs and fees.
§ 7314. Limited immunity of petitioner.
§ 7315. Nonparentage as defense.
§ 7316. Special rules of evidence and procedure.
§ 7317. Communications between tribunals.
§ 7318. Assistance with discovery.
§ 7319. Receipt and disbursement of payments.

§ 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.--This part provides for the following proceedings:

1. Establishment of an order for spousal support or child support pursuant to Chapter 74 (relating to establishment of support order).
2. Enforcement of a support order and income-withholding order of another state without registration pursuant to Chapter 75 (relating to direct enforcement of order of another state without registration).
3. Registration of an order for spousal support or child support of another state for enforcement pursuant to Chapter 76 (relating to enforcement and modification of support order after registration).
4. Modification of an order for child support or spousal support issued by a tribunal of this State pursuant to Subchapter B of Chapter 72 (relating to proceedings involving two or more states).
5. Registration of an order for child support of another state for modification pursuant to Chapter 76.
6. Determination of parentage pursuant to Chapter 77 (relating to determination of parentage).
7. Assertion of jurisdiction over nonresidents pursuant to Subchapter A of Chapter 72 (relating to extended personal jurisdiction).

(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 which has or can obtain personal jurisdiction over the respondent.

§ 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.

§ 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.

§ 7304. Duties of initiating tribunal.

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.

§ 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 by first class mail where and when it was filed.

(b) Action.--A responding tribunal of this State, to the extent otherwise authorized by law, may do any of the following:

1. Issue or enforce a support order, modify a child support order or render a judgment to determine parentage.
2. Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
3. Order income withholding.
4. Determine the amount of any arrearages and specify a method of payment.
5. Enforce orders by civil or criminal contempt, or both.
6. Set aside property for satisfaction of the support order.
7. Place liens and order execution on the obligor's property.
8. Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at 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 by first class mail to the petitioner and the respondent and to the initiating tribunal, if any.

§ 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 by first class mail where and when the pleading was sent.

§ 7307. Duties of support enforcement agency.

(a) General duty.--A support enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this part.

(b) Specific duties.--A support enforcement agency that is providing services to the petitioner as appropriate shall do all of the following:

1. Take all steps necessary to enable an appropriate tribunal in this State or another state 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 written notice from an initiating, responding or registering tribunal, send a copy of the notice by first class mail to the petitioner.
5. Within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by first class mail to the petitioner.
6. Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(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.

§ 7308. Supervisory duty.

(a) Secretary.--If the secretary determines that a support enforcement agency other than the department 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) Attorney General.--If the Attorney General determines that the department is neglecting or refusing to provide services to an individual, the Attorney General may order the department to perform its duties under this part or may provide those services directly to the individual.

§ 7309. Private counsel.

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

§ 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 an initiating tribunal or the state information agency of the initiating state.
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.

§ 7311. Pleadings and accompanying documents.

(a) Verification and content.--A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this part must verify the 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 and the name, sex, residential address, Social Security number and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. 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.

§ 7312. Nondisclosure of information in exceptional circumstances.

Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this part.

§ 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 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 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 enforcement and modification of support order after registration), a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

§ 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.

§ 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.

§ 7316. Special rules of evidence and procedure.

(a) Physical presence.--The physical presence of the petitioner in a responding 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.

(b) Hearsay exception.--A verified 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, is admissible in evidence if given under oath by a party or witness residing in another 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 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 another state to a tribunal of this State by telephone, telecopier or other means that do not provide an original writing 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 in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this State shall cooperate with a tribunal of another state 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.

§ 7317. Communications between tribunals.

A tribunal of this State may communicate with a tribunal of another state in writing or by telephone or other means to obtain information concerning the laws of that state; the legal effect of a judgment, decree or order of that tribunal; and the status of a proceeding in the other state. A tribunal of this State may furnish similar information by similar means to a tribunal of another state.

§ 7318. Assistance with discovery.

A tribunal of this State may do all of the following:

1. Request a tribunal of another state to assist in obtaining discovery.
2. Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.

§ 7319. Receipt and disbursement of 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 of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

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