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Pennsylvania State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
There are 66 County Courts of Common Pleas, Domestic Relations Sections, which are under cooperative agreement with the Pennsylvania Department of Human Services to provide Title IV-D services.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Title 23 Pa C.S. 4306
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Title 23 Pa.C.S. 7101
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Two

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
France, Germany, Quebec and Sweden.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
No
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age and no longer in high school or emancipated.
D2. What is the statutory citation for the age of majority?
Title 23 Pa.C.S. 4321(2), 4323 (a) and Pa. R.C.P. 1910.19 (c) (1) - (4).
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
The order does not automatically terminate. An emancipation inquiry and notice are sent out six months prior to the child's 18th birthday. The Domestic Relations Section issues a notice to the obligee, with a copy to the obligor, seeking whether the child is emancipated, or has reached the age of 18 or graduated from high school whichever occurs later. If no objection is made or if the obligee fails to respond with a reason to continue the order within 30 days of receipt of notice of intent to modify or terminate an order, the court then has the authority to terminate or modify the order administratively, depending on whether or not other children are covered under that order.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Support beyond age of majority may be ordered for a child who has a physical or mental condition which exists as of the time a child reaches majority and prevents the child from being self-supported or emancipated, or support for a child who has reached the age of 18, but has not yet graduated from high school. Pennsylvania no longer recognizes a statutory cause of action for post-secondary educational support. 23 Pa.C.S. 4327(a), was ruled unconstitutional in 1995 by the Supreme Court of Pennsylvania in the Curtis vs. Kline case. However, contractually based agreements for post-secondary educational support contained in marital separation agreements are enforceable.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No
D8.1 If not, how does this affect interstate referrals?
An interstate referral would be accepted only if the petition for support had been filed in the other state prior to the date of emancipation of all children. If so, an order would be established only for the period of time from the date of application in the other state through the emancipation date based on Pennsylvania law.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None
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E2. What is your State's statute of limitations for paternity establishment?
18 years of age. Reference Title 23 Pa.C.S. 4343(b)(1)
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shared Model - a child of separated, divorced or never-married parents should receive the same proportion of parental income that he/she would have received if parents lived together. Reference - Pa. R.C.P. 1910.16-1 through Pa. R.C.P. 1910.16-7 and 23 Pa.C.S. 4322.
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Unreimbursed medical expenses are allocated between the parties to the support action in proportion to their income. This proportion may be less than, equal to, or greater than 50% of the uninsured expense.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Pennsylvania will collect fees owed to the initiating state in those instances when the initiating state established the child support order and fees are incorporated as a part of the child support order.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Title 23 Pa.C.S. 4342(c), 7201 and 7202.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
The Domestic Relations Sections of the County Courts of Common Pleas in Pennsylvania, may establish, enforce and modify orders for child and/or spousal support. Grounds for modification of a spousal support order include changes in the parties' incomes. Spousal support orders can be suspended from charging for changes in certain circumstances, such as incarceration of an obligee. In addition, the Pennsylvania Rules of Civil Procedure allow hearing officers to deviate from the support guidelines when establishing a spousal support order based upon the length of marriage. This basis for deviation does not apply to child support.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
In Pennsylvania, the Department of Human Services (DHS) pays the annual federal user fee from its own funds for cases in which the annual child support collection is between $500 and $1,999.99. DHS collects the annual federal user fee from the custodial parent in cases where the annual child support collection is $2000 or greater.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes, the fee is deducted from the custodial parent when $2,000 or more of child support is collected from the noncustodial parent in the Federal Fiscal Year.
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes, the fee is deducted from the custodial parent when $2,000 or more of child support is collected from the noncustodial parent (NCP) in the Federal Fiscal Year.
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Pennsylvania pays the fee for families with annual child support collections between $500 and $1,999.99.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes. $100 for one child and $200 for two or more children.
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Pre-assistance arrears
F15.2. When will your state discontinue each type of assignment?
October 1, 2009
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
DRA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Pennsylvania does not allow for a change of payee within a single case. Upon confirmation of a change in custody, Pennsylvania will either close the existing case or suspend the charging order and enforce the collection of arrears only. Upon receipt of a new petition for child support services from the current custodian, a new Title IV-D case with the custodian as payee will be opened and a new order established.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Pennsylvania does not allow for a change of payee within a single case. Medicaid-only case information is not included in the automated assignment of support interface with the Pennsylvania Child Support Enforcement System. Upon confirmation of a change in custody, Pennsylvania will either close the existing case or suspend the charging order and enforce the collection of arrears only. Upon receipt of a new petition for child support services from the current custodian, a new Title IV-D case with the custodian as payee will be opened and a new order established.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Pennsylvania does not allow for a change of payee within a single case. Upon confirmation of a change in custody, Pennsylvania will either close the existing case or suspend the charging order and enforce the collection of arrears only. Upon receipt of a new petition for child support services from the current custodian, a new Title IV-D case with the custodian as payee will be opened and a new order established.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
In Pennsylvania, the Department of Human Services (DHS) pays the annual federal user fee from its own funds for cases in which the annual child support collection is between $500 and $1,999.99. DHS collects the annual federal user fee from the custodial parent in cases where the annual child support collection is $2000 or greater. The fee is automatically deducted from the custodial parent's next disbursement once the $2000 child support collections threshold is reached.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
$25 federal Annual User Fee (when collections equal $2,000 or more), reasonable attorney fees, necessary travel and other reasonable costs and expenses incurred by the obligee and the obligee's witnesses.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Public Assistance, Supplemental Security Income (SSI), and alimony payments. Reference Title 23 Pa.C.S. 4302.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
An employer may deduct from the obligor's income a one-time fee of $50 for reimbursement of the expense in complying with the order. This fee is in addition to, and cannot be deducted from, the amount of the support order. Reference Title 23 Pa.C.S. 4348 (j).
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than 14 days after issuance of the notice to the employer.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Seven business days from the date the obligor is paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Pa. R.C.P. 1910.21(d)(2): Upon willful failure to obey an order for income withholding, the employer, or an officer or employee of the employer, may be held in contempt and subject to other remedies provided by law.
G7. What is the penalty to an employer for failure to remit payments withheld?
In accordance with 23 Pa. C.S. 4348(k), employer contempt is punishable by jail or fine; the employer is liable for any amount which the employer willfully fails to withhold or for any amount withheld but not forwarded to the domestic relations section; and the court may attach funds or property of an employer.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
Fax direct income withholding orders to: (717) 787-8040 ATTN: CSI Or mail to: Pennsylvania Department of Labor and Industry Labor and Industry Building ATTN: CSI 651 Boas Street, Room 501 Harrisburg, PA 17121
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G8.2. What documents are required to intercept UI benefits?
Send a direct income withholding order to the Pennsylvania Department of Labor and Industry.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
Obligor must appear before Domestic Relations Section within 10 days after issuance of notice.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Employers should allocate proportionally.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
In accordance with 23 Pa. C.S. 7501.2, if an employer receives multiple income-withholding orders for the same obligor, the employer satisfies the terms of multiple orders if the employer complies with the income withholding laws of this state to establish priorities for withholding and allocating income withheld for multiple child support obligees.
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Per Pa. R.C.P. 1910.16-2 (c), in determining net monthly income the following items are allowable deductions: federal, state, and local income taxes; Unemployment Compensation taxes and Local Services Taxes; Federal Insurance Contributions Act (F.I.C.A.) payments (Social Security, Medicare and self-employment taxes); non-voluntary retirement payments; mandatory union dues; and alimony paid to the other party. In addition, the guidelines allow deductions from the defendant's monthly net income for any child support obligations and any amounts of spousal support, Alimony Pendente Lite (APL), or alimony paid to former spouses when computing a spousal support or APL obligation.
G13. When does your state require the employer to send notice of an employee's termination?
Per Pa. R.C.P. 1910.21(d) (1), upon termination of the obligor's employment, the employer shall notify the domestic relations section of the termination, the obligor's last known address, and the name and address of the obligor's new employer, if known. Employers should report terminations promptly.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
The IWO should not be retained after termination of an employee. If the employee is reinstated, the employer should report the hiring and a new IWO will be generated.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes, ExpertPay SM provides employers with an on-line payment mechanism to submit court ordered support payments withheld from employee pay.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, a direct income withholding order may be sent to an employer, the Pennsylvania Department of Labor and Industry for Unemployment Compensation benefits, or other income payer. Pennsylvania has a broad definition of income at Title 23 Pa.C.S. 4302. Pennsylvania (in-state, not multi-state) financial institutions will only honor Pennsylvania freeze and seize orders. Multi-state financial institutions operating in Pennsylvania should honor an out-of-state freeze and seize order provided the financial institution does business or operates in the state issuing the order.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
If an employer cannot withhold the total amount ordered (which may include both child support and medical support), they should withhold the maximum allowed under the Consumer Credit Protection Act. Support amounts are distributed in accordance with Pa.R.C.P.1910.17(d).
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Payments are distributed according to the Pennsylvania Child Support Enforcement System distribution hierarchy and as required by Pa. R.C.P. 1910.17(d) as follows: (1) current support (2) medical, child care or other court-ordered support-related expenses (3) monthly ordered amount toward child support arrears (4) 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.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
23 Pa.C.S. 4374(c) and, Pa. R.C.P. 1910.17(d).
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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99 percent creates a rebuttable presumption of paternity. Reference Pa. R.C.P. 1910.15(b)(2) and 23 Pa.C.S. Section 4343(c) (2).
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
01/01/1998
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Prove lack of access, physical incapacity or genetic test upon request (Brinkley v. King, 549 Pa 241, 701 A.2d 176 (1997)).
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
A birth certificate shall include the name of the father only when the father and mother have signed a voluntary acknowledgment of paternity form or a court or administrative agency of competent jurisdiction has issued an adjudication of paternity. Reference Title 23 Pa.C.S. 5103(i).
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
N/A
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
01/02/2005
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
Parties must be free to marry and must show intent to be married by presenting themselves to the public as husband and wife. (Effective January 22, 1958). However, common-law marriage is only recognized if established from January 22, 1958 through January 1, 2005. Common law marriage was declared proactively invalid effective January 2, 2005, by statute (23 Pa.C.S. 1103), stating that "no common-law marriage contracted after January 1, 2005, shall be valid."
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
A court may permit a party or witness to testify by telephone, audiovisual or other electronic means at a designated location. Reference Title 23 Pa.C.S. 4342(j).
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Title 23 Pa.C.S. 4342, 7201 and 7202.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
The cost must be included in the court order for support.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Effective January 1, 1998, Pennsylvania Vital Records will not process an application for a birth certificate unless a voluntary acknowledgement of paternity or a court order is presented with the application. Birth certificates for children born after January 1, 1998 establish paternity.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents is preferred.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Administrative is used if action is not contested.
I1.2. Under what circumstances would a judicial process would be used?
Judicial process is used if action is contested.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Title 23 Pa.C.S 4305 - General administration of support matters.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The custodial parent's income is considered in addition to the noncustodial parent's income. Social Security payments resulting from the death, disability or retirement of a parent to a child for whom support is sought must also be included in the guideline calculation. Reference Pa. R.C.P. 1910.16-2(b)(2) for more information.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
If the court determines that there is an obligation to pay support, then there is a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. The support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties. The trier of fact must consider the factors set forth in Pa. R.C.P. 1910.16-5. The presumption shall be rebutted if the trier of fact makes a written finding, or a specific finding on the record, that an award in the amount determined from the guidelines would be unjust or inappropriate.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Retroactive to include pre-natal and/or birthing expenses.
I4.2. What information or documentation does your State require to proceed?
Pa. R.C.P. 1910.27 Form for Complaint for Support
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
At the discretion of court.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Federal Tax Refund Offset Program, State Tax Refund Offset Program, real property liens, lottery intercept, passport denial and income withholding (quasi-judicial as requires judge's signature). Pennsylvania uses an administrative process for our voluntary acknowledgement of paternity. The program is conducted at hospitals. Establishment and Modification procedures are judicial processes conducted by the Domestic Relations Sections of the Courts of Common Pleas. Most enforcement remedies are a combination of administrative and judicial, administratively generated by PACSES, but require the signature of a judge (i.e. FIDM, Driver License Suspension, Income Withholding) and are subject to contest.
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I6. What is your state's statutory authority for the administrative process?
Title 23 Pa.C.S. 4305
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I7. Is there a local state law that allows an interstate administrative subpoena?
No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Pennsylvania does not reserve support; therefore, a petition requesting establishment of an order for support must be submitted.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Forward documents needing to be served by the sheriff or other public official (or any competent adult) to serve by: handing a copy to the defendant; or handing a copy at the residence of the defendant to an adult member of the family with whom the defendant resides, or if no adult member of the family is found, then to an adult person in charge of such residence; or at the residence of the defendant, to the clerk or manager of the hotel, inn, apartment house, boarding house or other place of lodging at which the defendant resides; or at any office or usual place of business of the defendant, to the defendant's agent or to the person in charge thereof; or pursuant to special order of court; or by mailing the complaint to obligor's last known address by both regular and certified mail.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
N/A
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses Cash medical support,Health insurance premiums,Unreimbursed medical expenses, and Extraordinary expenses - private school tuition, summer camp, and other needs. The support schedule does not take into consideration expenditures for private school or other needs of a child. If the court deems one or more such needs reasonable, the expense will be allocated between the parties in proportion to their net incomes. The noncustodial parent's portion may be added his or her basic support obligation. Mortgage payment-If the custodial parent is living in the marital residence, and the mortgage payment exceeds 25% of the plaintiff's net income (including amounts received as spousal support/APL and child support), the court may direct the noncustodial parent to assume up to 50% of the excess amount as part of the total support award. If the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's monthly income (less any amount of spousal support, APL, or child support the obligor is paying), the court may make an appropriate downward adjustment in the obligor's support obligation. Awards of child support in multiple family situations. Reference Pa. R.C.P. 1910.16-6 through 16-7.
I17. Please provide the relevant statutory or case law citation. **

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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case (at support conferences).

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Both
J2. Is the lien process in your state judicial, administrative, or both?
Both
J2.1. What are the trigger criteria for filing a lien?
Rule 1910.22 (a) states an overdue support obligation in this or any other state which is on record at the Domestic Relations Section constitutes a lien of record by operation of law against the obligor's real property located within Pennsylvania.
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J2.2. Where are your state liens filed?
County
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
According to 23 C.S. 4352 (d.1)(6)(ii), the DRS may charge the lesser of $20 or the actual cost of filing the lien.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Judicial
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
The initial Order for Support notifies all parties of all enforcement remedies that may be used to collect delinquent child support.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The County Court of Common Pleas, Domestic Relations Section.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
The NCP receives Notice of Freezing/Seizing of Assets (Account Garnishment) 7 days after the order has been issued to the financial institution.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
An obligor owes overdue support in an amount equal to or greater than one month of the support obligation which accrued after entry or modification of a support order.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
No minimum
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
30 days.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No minimum amount in the account, however, the Pennsylvania Child Support Enforcement System (PACSES) only generates freeze orders automatically for accounts with balances of $250 or greater. This threshold was established to address operational and cost accountability concerns. Please note that the DRSs may issue an order independent of PACSES to freeze and seize an asset with a value less than $250.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
Pennsylvania.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
30 calendar days after issuance of the notice. Reference Pa. R.C.P. 1910.23(b).
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
Once an order to seize assets is issued, the Noncustodial Parent (NP) and/or joint account holder has 10 days to appeal the order. Reference Title 23 Pa.C.S. 4377(c).
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
The grounds for an objection are limited by Pa.R.C.P., Rule 1910.23(b) to the following: no overdue support exists under the support order or there is a mistake in the certified amount of overdue support; there is a mistake in the identity of the obligor; or the account is not subject to attachment as a matter of law. Reference Pa. R.C.P. 1910.23(b).
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Judicial
J5.11. What are your state's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial, or both?
Judicial
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
30 days. No unique requirements. Non-debtor must contest freeze through the court.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Automated
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
The Order to Freeze Assets (EN-525) instructs the financial institution to freeze the assets up to the ordered amount for an obligor until further Notice of this court. Reference Pa. R.C.P. 1910.23(a).
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Pennsylvania law states remittance by the financial institution shall be made within a reasonable period of time. Reference Title 23 Pa.C.S. 4304.1(b.1)(2).
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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Judicial
J7. Describe any other administrative enforcement procedures your state may have.
N/A
J8. Describe any other judicial enforcement procedures your state may have.
Imprisonment, Fine, Probation
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

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J10. Which of your state's enforcement remedies are available without judicial actions?
Income withholding, credit bureau reporting, FTROP, STROP, passport denial, real property liens, monetary awards intercept, lottery intercept, publishing delinquent obligor's names.
J11. Describe your state's procedures for registering and enforcing another state's order.
Enacted UIFSA Model Act verbatim.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Upon registration, order is enforced in the same manner and is subject to same procedures as an order issued by a tribunal of this state.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Yes, according to Title 42 Pa C.S. 4306
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Obligors with verified Social Security numbers, with the exception of interstate initiating cases, who have overdue (normal) arrears equal to or greater than two months of the support obligation are identified by PACSES on a monthly basis as eligible for credit bureau reporting.
J15. To which credit bureaus does your state report an obligor's child support information?
Reporting is made to four Consumer Reporting agencies: Trans Union, Equifax, Experian, and Innovis.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative.
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Pennsylvania will accept AEI requests for the following enforcement actions: Seizure of Financial Institution Assets; Suspension of Driver's, Recreational, Occupational and Professional Licenses. The Pennsylvania Bureau of Child Support Enforcement has interfaces established with the Pennsylvania Department of Transportation, Pennsylvania Game Commission, Pennsylvania Fish and Boat Commission, Pennsylvania Insurance Department and the Pennsylvania Department of State to obtain license information.
J19. What documentation does your state require to proceed with an AEI request?
All AEI requests for seizure of financial institution assets must include the following information- Transmittal No. 1 completed in full (annotate Item No. 11 of the Action section with a check mark and enter "AEI Request;" and, provide the following information: Requestor's name and direct telephone number; and, Name, address and account number for the financial institution where the asset is located); Certified Copy of the Order; and, Certified Affidavit of Arrears. All Administrative Enforcement in Interstate requests for license suspensions must include the following information - Transmittal No. 1 completed in full (annotate Item No. 11 of the Action section with a check mark and enter "AEI Request;" and, provide the requestor's name and direct telephone number); Certified Copy of the Order; Certified Affidavit of Arrears; and, Most recent three-month payment history.
J20. What mandatory data elements does your state need to process AEI requests?
All fields on the Transmittal No. 1 are mandatory. Refer to J23 and J24 for more information.
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J21. Which additional data elements would aid your state in processing AEI requests?
N/A.
J22. How many copies/sets of documents does your state require with an AEI request?
One
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
The obligor must be eligible for the AEI enforcement remedy in accordance with Pennsylvania Law. The following establishes the eligibility criteria for each type of enforcement action - Financial Institution Asset Seizure - The obligor must owe overdue support. Suspension of Driver's, Recreational, Occupational and Professional Licenses - 1. The requesting state has been unable to attach the income of the obligor; and, The obligor owes overdue support in an amount equal to or greater than three months of the monthly support obligation. 2. The individual has failed, after appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings. For Driver's license suspension requests only, in addition to the above criteria - the individual has failed to comply with a visitation or partial custody order.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
All Administrative Enforcement in Interstate requests for seizure of financial institution assets must include the following information - Transmittal No. 1 completed in full (annotate Item No. 11 of the Action section with a check and enter "AEI Request;" and, provide the following information: Requestor's name and direct telephone number; and, Name, address and account number for the financial institution where the asset is located); Certified Copy of the Order; and, Certified Affidavit of Arrears. All Administrative Enforcement in Interstate requests for license suspensions must include the following information - Transmittal No. 1 completed in full (annotate Item No. 11 of the Action section with a check and enter "AEI Request;" and, provide the requestor's name and direct telephone number); Certified Copy of the Order; Certified Affidavit of Arrears; and, Most recent three-month payment history.
J25. What is the procedure for obtaining a certified copy of a court order?
State agencies seeking orders because the plaintiff now resides in their state should submit a Transmittal No. 1 - Redirection of Payment to Obligee State Request. In the 'Other' section, request certified copies of orders. State agencies seeking to register the order for modification at the request of the obligor should submit a Transmittal No. 1 - Other to request certified copies of orders. Other questions/inquiries may be submitted to ra-rfabcse@pa.gov.
J26. What is the procedure for obtaining a certified payment record?
State agencies seeking payment records because the plaintiff now resides in their state should submit a Transmittal No. 1 - Redirection of Payment to Obligee State Request. In the 'Other' section, request certified copies of payment records. State agencies seeking to register the order for modification at the request of the obligor should submit a Transmittal No. 1 - Other to request certified copies of payment records. Other questions/inquiries may be submitted to ra-rfabcse@pa.gov
J27. Is there a cost for requesting a certified copy of a court order or payment record?
Each county determines their own fees. However, for requests made to the Bureau of Child Support Enforcement, the fees are typically waived.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Hardship exemptions are issued on a case-by-case basis at the discretion of the Domestic Relations Sections.
J29. What triggers a driver's license revocation?
The support case has no active income withholding order; the total arrears balance is greater than or equal to three times the monthly support obligation; or, the obligor has failed, after appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
Total arrears balance is greater than or equal to three times the monthly support obligation.
J30. Under what conditions may a noncustodial party restore the driver's license?
There is an active income-withholding order; or the obligor pays the total arrears owed; or enters into a court-approved payment plan; is excused from the failure to comply with the subpoena or warrant; or is successful in contesting the proposed suspension or denial.
J30.1 What is the process for restoring a driver's license?
An order or directive from the court to the Domestic Relations Section is issued and sent to the Pennsylvania Department of Transportation (PennDot) authorizing the reinstatement or issuance of a driver's license. the obligor must pay a fee to restore directly to PennDot. Upon receipt of the order and the fee, PennDot will immediately release the driver's license.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
N/A
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
N/A
J33.2 What is the dollar amount?
N/A
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes, but only responding cases that meet the eligibility criteria for Passport Denial are part of Pennsylvania's Debtor File that is dedicated to insurance match purposes only.
J38.2 What is the dollar amount?
$2,500
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years without requirement to show change in circumstances.
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K2. Briefly describe your state's modification procedure.
A petition for modification of an existing support order is filed by either party. After filing, the petition may not be withdrawn unless both parties consent or with leave of court. At the time of the conference or hearing, the trier of fact may modify or terminate the existing support order in any appropriate manner based on the evidence provided without regard to which party filed the petition for modification. The effective date of the resulting modified order is the date the modification petition was filed. Pa. R.C.P. 1910.19(b) and Pa. R.C.P.1910.19(c).
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A petition for modification of an existing support order must specifically claim the material and substantial change in circumstances upon which the petition is based.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Change of custody; emancipation of a child; new guideline amount resulting from revised guidelines.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
Payments withheld from SSA disability are credited to cases per Pa. R.C.P. 1910.17(d). There is no difference in the treatment of payments depending on the payment source.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Pennsylvania law allows the court to modify or terminate support orders and remit arrears without prejudice if the court-ordered support obligation can no longer be enforced or collected due to the noncustodial parent's (NCP's) inability to pay, and the NCP has no verifiable attachable income or assets and no reasonable prospect that the NCP will have the ability to pay in the foreseeable future.
K7.2. What is the statutory citation for your abatement law?
Pa. R.C.P. 1910.19.
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K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Contact Pennsylvania's Central Registry or the county Domestic Relations Section for instructions.
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K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Acknowledgements of Paternity may be requested by contacting the Pennsylvania Central Registry via telephone at 1-(800) 932-0211, fax at (717) 787-0297, or mail to: P.O. Box 8018, Harrisburg, Pennsylvania 17105. Birth records and certificates issued on or after January 1906 can be obtained for a fee from the Pennsylvania Department of Health, Division of Vital Records. Records are not open to public inspection and must therefore be requested by a person of record, immediate family member or legal guardian, or a court order or subpoena, as required. Additional information regarding birth records and certificates is available by calling the Division of Vital Records at 1-(844) 228-3516.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
PA requires two copies (one of which must be certified) of the order to be registered, copies of all previous modifications of the order, the Child Support Enforcement Transmittal No. 1, the Registration Statement signed by the party seeking registration or the custodian of records, the Certification of Arrearages/Payment History, and Uniform Support Petition and General Testimony.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Pennsylvania courts have the authority to enter an order requiring the obligor to pay on arrears in an amount equal to the amount of the charging order until all arrears are paid.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
The court may enter an order requiring the obligor to pay any arrears at the same rate as the charging support order amount until all arrears are paid in full. Reference Pa. R.C.P. 1910.19(e)(1 through 4)
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration. The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else. The child marries. The child is adopted by someone other than the non-custodial parent. The child support order states that child support ceases prior to the normal duration. The obligor has no verifiable income or assets, is incarcerated with no chance of parole or institutionalized past the child's age of minority. The obligee requests case closure. The defendant or putative father is deceased and no further action, including a levy against the estate, can be taken.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
While Pennsylvania does not have a specific definition of "lump sum payment," it is included under the definition of income. "Income" Includes compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and similar items; other entitlements to money or lump sum awards, without regard to source
L1.2 Provide the statutory citation.
Title 23 PA.C.S. 4302.
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L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
An employer shall not remit to the obligor any severance pay; commutation or compromise pay; worker's compensation benefits; or similar payment without contacting the DRS regarding the amount to be withheld from a lump-sum payment. Reference Pa R.C.P. 1910.21(c).
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L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
No threshold
L4. How are employers instructed to report a pending lump sum?
Employers are instructed on the Order/Notice to Withhold Income for Support (EN-028) form to contact the person/authority listed on the form and that person/authority will inform the employer of the portion of the lump sum amount to remit to Pennsylvania State Collection and Disbursement Unit.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
There are no specified time frames, however instructions are provided immediately when the employer contacts the domestic relations section.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
The documents used to attach lump sum payments vary based on the court generating the order and the type/source of the lump-sum payment to be attached.
L8. What other documents does your state use to attach lump sum payments?
The Income Withholding for Support (IWO) (EN-028) form.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No
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L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
The CCPA limits would be applied to the entire amount.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
PA State Collections and Disbursement Unit
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
EPPICard
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
The fees are as follows: 1. One (1) free ATM cash withdrawal each month at MoneyPass locations. Following the one free withdrawal, a fee of $1.10 will be charged for successful ATM cash withdrawals; 2. $0.50 for ATM balance inquiries; 3. $5.00 for each replacement card issued, after additional free replacement used; 4. $15.00 for a request to expedite delivery new card delivery. Expedited delivery is a two day delivery, on standard business days only; and 5. $0.25 for each call, after the six free calls allotted each month.
L15. How does your state collect child support payments from an obligor? **
Payments may be made by income withholding. Payments must be made to a central location (Pennsylvania State Collection and Disbursement Unit (SCDU)). Payments may be made by credit card (issued by a U.S. Bank), by check, or by electronic funds transfer (through U.S. Banks).
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority (Pennsylvania State Collection and Disbursement Unit (PA SCDU)).
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

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M1.1. Additional information on the CCPA.

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M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
Yes
M2.1. If yes, provide the statutory citation
Title 23 Pa.C.S. 4308.1.
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M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
In Pennsylvania, overdue support is a lien by operation of law. An insurer must obtain a lien report to determine if child support arrears are owed prior to distribution of any monetary award. The prevailing party must provide his attorney with the prevailing party's or beneficiary's full name, mailing address, date of birth and Social Security number. Reference Title 23 Pa.C.S. 4308.1.
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M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
The lien report must be dated within 20 days of the date of distribution of the monetary award.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
The obligor must owe overdue support equal to or greater than one twelfth of the annual support amount. The law is limited to claimants listed as the prevailing party or beneficiary. PA law does not prohibit intercept of any specific insurance claim type or policy type.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Net proceeds of an award must be more than $5,000 before any payment will be deducted for a child support lien. However, there is no monetary threshold if a Nondisbursement Order has been issued to the insurer or attorney from the court citing Title 23 Pa. C.S. 4305(b)(10).
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
Insurer must obtain a lien report from the Pennsylvania Child Support Website by logging into the secure website and entering identifying information for the claimant.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Insurers can use a private judgement search company approved by the department, or an insurer may use the services of the Insurance Services Office to match data with the Child Support Lien Network and/or the Federal Office of Child Support Enforcement's Insurance Match Program.
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
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M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes. Reference Title 23 Pa.C.S. 4308.1.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
N/A.
M3.1. Provide the statutory citation.
N/A.
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
1) Nondisbursement Order 2) Seize Order.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The respective county Domestic Relations Section.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Pa. R.C.P. 1910.20(b) (1) and Pa. R.C. P. 1910.21
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
An appeal must be entered in writing or by personal appearance within 10 days after issuance of the notice. Reference Pa. R.C.P. 1910.20(b) (1) and Pa. R.C. P. 1910.21(e).
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M6. Are there attorney fees associated with the insurance intercept activity?
An attorney or insurer may deduct the fee for the lien search from any payment to the prevailing party or beneficiary.
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
An income attachment direct from the issuing state will be accepted to intercept collections of WC.
M7.1. What is the process, the points of contact, and what forms?
There are three separate agencies that handle WC claims in Pennsylvania. 1) The State Workers' Insurance Fund (SWIF) is administered by the Department of Labor and Industry. Court orders for income attachment or seize orders for lump sum should be mailed to: State Workers' Insurance Fund, ATTN: Claims Supervisor, 100 Lackawanna Avenue, P.O. Box 5100, Scranton, PA 18505-5100. Phone (570) 963-4621. 2) The State Employee's Workers' Compensation Program is managed by the Office of Administration, Absence and Safety Division, and provides benefits to State employees with WC claims. Call (717) 346-4667 and the agency representative will determine the appropriate mailing address for your income attachment or seize order for lump sum. 3) The Pennsylvania Workers' Compensation Security Fund is administered by the Insurance Department. The fund provides PA WC benefits to injured workers if the original insurance company has been placed into liquidation by a court. Court orders for income attachment or seize orders for lump sum should be mailed to: Pennsylvania Insurance Department, Bureau of Special Funds, Workers' Compensation Security Fund, 901 North 7th Street, Harrisburg, PA 17102. Phone (717) 783-8093.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes