Pennsylvania Consolidated Statutes

DOMESTIC RELATIONS (TITLE 23)

INTRASTATE FAMILY SUPPORT

CHAPTER 84. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION

Subchapter A. Registration of Support Order
Subchapter B. Contest of Validity or Enforcement

SUBCHAPTER A. REGISTRATION OF SUPPORT ORDER

§ 8401. Registration of order.
§ 8402. Procedure to register order.

§ 8401. Registration of order.

A support order issued by a tribunal may be registered in any tribunal of competent jurisdiction.

§ 8402. Procedure to register order.

(a) General rule.--A support order may be registered by sending the following documents and information to the appropriate tribunal:

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 party seeking 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:
   1. the obligor's address and Social Security number;
   2. the name and address of the obligor's employer and any other source of income of the obligor; and
   3. a description and the location of property of the obligor not exempt from execution.
5. 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 a foreign judgment, together with one copy of the documents and information, regardless of their form.

SUBCHAPTER B. CONTEST OF VALIDITY OR ENFORCEMENT

§ 8411. Notice of registration of order.
§ 8412. Procedure to contest validity of registered order.
§ 8413. Contest of registration or enforcement.
§ 8414. Confirmed order.
§ 8415. Effect of a confirmed order.

§ 8411. Notice of registration of order.

(a) Requirement.--If a support order or order issued by another tribunal is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by first class, certified or registered mail or by any means of personal service authorized by the law. 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. A registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal.
2. A hearing to contest the validity of the registered order must be requested within 20 days after the date of mailing or personal service of the notice.
3. Failure to contest the validity of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and will preclude further contest of that order with respect to any matter that could have been asserted.
4. The amount of any alleged arrearages.

§ 8412. Procedure to contest validity of registered order.

(a) Action.--A nonregistering party seeking to contest the validity of a registered order must request a hearing within 20 days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration or the amount of any alleged arrearages pursuant to section 8413 (relating to contest of registration or enforcement).

(b) Inaction.--If the nonregistering party fails to contest the validity of the registered 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 of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first class mail of the date, time and place of the hearing.

§ 8413. Contest of registration or enforcement.

(a) Defenses.--A party contesting the validity of a registered order or seeking to vacate the registration has the burden of proving one 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. Full payment has been made and there is no continuing support obligation.

(b) Relief.--If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available.

(c) Affirmance.--If the contesting party does not establish a defense under subsection (a) to the validity of the order, the registering tribunal shall issue an order confirming the order.

§ 8414. Confirmed order.

Confirmation of a registered 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.

§ 8415. Effect of a confirmed order.

A confirmed order has the following effect:

1. It confers continuing exclusive jurisdiction to the responding tribunal which registered the order.
2. It eliminates the jurisdiction of the tribunal which issued the order or requested that the order be registered.

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