1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income Shares 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.
Pa.R.Civ.P. 1910.16-1 through Pa.R.Civ.P. 1910.16-7 and 23 Pa. C.S. 4322
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
No
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
No
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
No
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
Yes. 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.
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6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
No
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7. 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? |
Legal custody is not required. However, 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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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes. Pa.R.Civ.P. 1910.16-2(b)(2)
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Yes. 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. Pa.R.Civ.P. 1910.19(f)
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No
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2. 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.
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
23 Pa. C.S. 5103(d). Notwithstanding any other provision of law, an acknowledgment of paternity shall constitute conclusive evidence of paternity without further judicial ratification in any action to establish support. The court shall give full faith and credit to an acknowledgment of paternity signed in another state according to its procedures.
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Pennsylvania law is that a child born of the marriage is a child of the marriage. The basis of the presumption of paternity is to preserve the marriage and an intact family. According to Brinkley v. King, 549 Pa 241, 701 A.2d 176 (1997), in cases involving a challenge to the presumption, a two-part legal analysis must occur: First, consider whether the presumption applies; and if it does, whether proof exists to rebut the presumption. The presumption applies when the family remains intact. Clear and convincing proof of husband's non-access or impotency rebuts the presumption. Second, if the presumption is inapplicable or rebutted, question whether paternity by estoppel applies (i.e., husband's conduct toward and relationship with the child prevents the paternity challenge. If either part of the two-part test applies, the presumption prevails, and paternity is not an issue.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
No
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7. What, if any, is the agency name and link for your state's putative fathers' registry? |
Pennsylvania Bureau of Child Support Enforcement. For Additional Information - Requests for information from the putative father registry should be submitted on your office letterhead and sent via fax to: 717-787-0297. Please provide the mothers first and last name, SSN, DOB and the child's first and last name and DOB on your request. You may also provide the father's information if known.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
Paternity court orders and voluntary acknowledgments of paternity are provided at no charge.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
In Pennsylvania the Bureau of Child Support Enforcement (BCSE) is responsible for the voluntary acknowledgment of paternity program and information is provided at no charge.
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9.1. Describe any circumstances under which these fees may be waived? |
N/A
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
No
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11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
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, stating "no common -law marriage contracted after January 1, 2005, shall be valid."
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12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
Only one packet is needed.
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Judicial
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
N/A
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
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. Pa. R.Civ.P. 1910.16-2(b)(2)
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2.1. What documentation is required as proof/evidence of this information? |
Most recently filed individual federal tax return (including all schedules, W-2's and 1099s); partnership or business tax returns will all schedules (including K-1), if the party is self-employed or a principle in a partnership or business entity; pay stubs for the preceding six months; verification of child care expenses; child support, spousal support, alimony pendente lite, or alimony orders or agreements for other children or former spouses; proof of available medical coverage; Income Statement and, if necessary, Expense Statement on the forms provided by the Domestic Relations Section. Pa. R.Civ.P. 1910.11(c)
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3. 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.Civ.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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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes. Retroactive to the date the complaint or petition was filed. Recovery of public assistance may be ordered at the discretion of the court.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Proof of the public assistance benefits issued.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
Yes
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4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
At the discretion of court.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No
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5.1. What about when public assistance is not being expended? |
No
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Pennsylvania does not reserve support; therefore, a petition requesting establishment of an order for support must be submitted.
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7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
No Pa. R.Civ.P. 1910.3 allows an action to be brought by a child's caregiver irrespective of legal custody status.
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1. What are specific sources of income not subject to withholding? |
Public Assistance, Supplemental Security Income (SSI), and alimony payments.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. 23 Pa.C.S. 4348(g)
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
No.
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2.2. What are the withholding limits for non-employees? |
N/A
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
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. 23 Pa.C.S. 4348 (j)
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
No.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
Mailing of an income withholding order.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
No later than 14 days after issuance of the notice to the employer.
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6. When must an employer remit amounts withheld from an employee's pay? |
Seven business days from the date the obligor is paid.
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7. What are your state's sanctions for employers for not implementing income withholding? |
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. Pa. R.Civ.P. 1910.21(d)(2)
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
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. 23 Pa. C.S. 4348(k)
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
Yes. 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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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
N/A
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
No.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
Requests for seizure of financial institution assets must include the following information- Transmittal No. 3 completed in full; Child Support Agency Confidential Information form; 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.
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10. How does a noncustodial parent contest an income withholding in your state? |
The noncustodial parent must appear before the Domestic Relations Section within 10 days after issuance of the notice.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
Pro-rated
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Federal, state and local income taxes; unemployment compensation taxes and Local Services Taxes (LST); F.I.C.A. payments (Social Security, Medicare and Self-Employment taxes); Non-voluntary retirement payments contributions; and,
mandatory union dues.
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13. When does your state require the employer to send notice of an employee's termination? |
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. Pa. R.Civ.P. 1910.21(d)(1)
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
The Pennsylvania Child Support Enforcement System distribution hierarchy is established at Pa.R.Civ.P. 1910.17(d) as follows: (1) current child/family 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. 23 Pa.C.S. 4374(c) and Pa. R.Civ.P. 1910.17(d)
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
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.
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2. What criteria must be met, and in addition to Transmittal #3, 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- Child Support Agency Confidential Information form 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 - Child Support Agency Confidential Information form 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.
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
Obligors with verified Social Security numbers, with the exception of interstate initiating cases, who have overdue arrears equal to or greater than two months of the support obligation are eligible for credit bureau reporting.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Trans Union, Equifax, Experian, and Innovis.
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
No
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7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No
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8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No
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9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes. A minimum of $500 in arrears
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10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes. A minimum of $500 in arrears
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11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
Yes. There is no minimum past-due amount for submission.
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12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes. There is no minimum past-due amount for submission.
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13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
Yes
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Judicial
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Joint accounts on a case-by-case basis; trust or escrow accounts where the noncustodial parent is the trustee or escrowee; IRA's without a QDRO; corporation accounts; accounts over which the noncustodial parent has signature authority only and any accounts of a noncustodial parent who receives SSI, SSI and SSDI, and SSI and SSR.
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Automated
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17. What are the criteria to attach an account in a financial institution 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.
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
Requests for seizure of financial institution assets must include the following information- Transmittal No. 3 completed in full; Child Support Agency Confidential Information form 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
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20. Does your state's income withholding definition include amounts in financial institutions? |
No
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes. The Domestic Relations Section notifies the noncustodial parent.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
Pennsylvania law states remittance by the financial institution shall be made within a reasonable period of time.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Financial institutions must freeze the assets until further notice of the court. Pa. R.Civ.P. 1910.23(a)
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
100%. Same for joint accounts.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
30 calendar days after issuance of the notice.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
No
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
There is an active income-withholding order; or the noncustodial parent: Pays the total arrears owed; or enters into a court-approved payment plan; or is excused from the failure to comply with the subpoena or warrant; or is successful in contesting the proposed suspension or denial.
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
Yes, the PA Department of Transportation will review the request and determine if an Occupational Limited License will be issued.
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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. The types of professional licenses that can be suspended include, but are not limited to: Architect, barber, engineer, funeral director, nurse, pharmacist, real estate salesperson, public adjuster, insurance administrator, motor vehicle physical damage appraisers and other insurance-related professional licenses.
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
There is an active income-withholding order; or the noncustodial parent: Pays the total arrears owed; or enters into a court-approved payment plan; or is excused from the failure to comply with the subpoena or warrant.
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
No.
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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. Any recreational license issued by the Pennsylvania Game Commission or the Pennsylvania Fish and Boat Commission.
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
There is an active income-withholding order; or the noncustodial parent: pays the total arrears owed; or enters into a court-approved payment plan; or is excused from the failure to comply with the subpoena or warrant.
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No.
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36. What are the criteria for initiating/filing a lien in your state? |
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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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Both
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38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes, judicial.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
Yes. Administrative
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Yes. Any winnings in excess of $2,500 from the Pennsylvania Lottery Commission are eligible for lottery intercept.
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40.1. If yes, is this enforcement judicial, administrative, or both? |
Administrative
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
N/A
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
Imprisonment, Fine, Probation.
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