Pennsylvania State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| There are 65 County Courts of Common Pleas, Domestic Relations Sections, under cooperative agreement with the Pennsylvania Department of Human Services to provide Title IV-D services. |
| 2. What is the name of your IV-D agency? |
| Pennsylvania Bureau of Child Support Enforcement (BCSE) |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
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Both. For order establishment the judicial process is used. Enforcement actions are judicial or administrative depending on the enforcement action.
For Additional Information - No Link Provided |
| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes, QUICK, CSENet and EDE |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
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In the absence of other factors, child support will accrue until the child has turned 18 or graduated from high school, whichever occurs last. Title 23 Pa. C.S. §4321(2) and Pa. R.Civ.P. 1910.19(e).
For Additional Information - No Link Provided |
| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
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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, depending on whether or not other children are covered under that order.
For Additional Information - No Link Provided |
| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
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No
For Additional Information - No Link Provided |
| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
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Yes. Support may be ordered for a child who has special needs which may be a basis for continuing support after the child's 18th birthday or graduation 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.
For Additional Information - No Link Provided |
| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
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Current child support terminates if the child is emancipated. 23 Pa.C.S. §4323(a).
For Additional Information - 
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| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| No |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| No |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| No |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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None
For Additional Information - No Link Provided |
| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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Within 18 years of the child's date of birth. Title 23 Pa.C.S. §4343(b)(1)
For Additional Information - No Link Provided |
| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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No
For Additional Information - No Link Provided |
4. Support Details
| 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)? |
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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
For Additional Information - No Link Provided |
| 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. |
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No
For Additional Information - No Link Provided |
| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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No
For Additional Information - No Link Provided |
| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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No
For Additional Information - No Link Provided |
| 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. |
| 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? |
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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.
For Additional Information - No Link Provided |
| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
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No
For Additional Information - No Link Provided |
| 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? |
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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.
For Additional Information - No Link Provided |
| 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? |
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Yes. Pa.R.Civ.P. 1910.16-2(b)(2)
For Additional Information - No Link Provided |
| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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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)
For Additional Information -
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5. Paternity/Parentage
| 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. |
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No
For Additional Information - No Link Provided |
| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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99 percent creates a rebuttable presumption of paternity.
For Additional Information -
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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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.
For Additional Information - No Link Provided |
| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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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.
For Additional Information - No Link Provided |
| 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. |
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No
For Additional Information - No Link Provided |
| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| No |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
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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.
For Additional Information - No Link Provided |
| 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? |
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Paternity court orders and voluntary acknowledgments of paternity are provided at no charge.
For Additional Information - No Link Provided |
| 9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
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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.
For Additional Information - No Link Provided |
| 9.1. Describe any circumstances under which these fees may be waived? |
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N/A
For Additional Information - No Link Provided |
| 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 |
| 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." |
| 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. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Judicial |
| 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. |
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N/A
For Additional Information - No Link Provided |
| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
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N/A
For Additional Information - No Link Provided |
| 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)? |
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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)
For Additional Information - No Link Provided |
| 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) |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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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.
For Additional Information -
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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). |
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Yes. Retroactive to the date the complaint or petition was filed. Recovery of public assistance may be ordered at the discretion of the court.
For Additional Information -
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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Proof of the public assistance benefits issued.
For Additional Information - No Link Provided |
| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| Yes |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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At the discretion of court.
For Additional Information - No Link Provided |
| 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? |
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No
For Additional Information - No Link Provided |
| 5.1. What about when public assistance is not being expended? |
| No |
| 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? |
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Pennsylvania does not reserve support; therefore, a petition requesting establishment of an order for support must be submitted.
For Additional Information - No Link Provided |
| 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. |
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No Pa. R.Civ.P. 1910.3 allows an action to be brought by a child's caregiver irrespective of legal custody status.
For Additional Information - No Link Provided |
7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
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Public Assistance, Supplemental Security Income (SSI), and alimony payments.
For Additional Information - No Link Provided |
| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
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Yes. 23 Pa.C.S. §4348(g)
For Additional Information -
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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No.
For Additional Information - No Link Provided |
| 2.2. What are the withholding limits for non-employees? |
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N/A
For Additional Information - No Link Provided |
| 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). |
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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)
For Additional Information -
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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. |
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No.
For Additional Information - No Link Provided |
| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Mailing of an income withholding order.
For Additional Information -
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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? |
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No later than 14 days after issuance of the notice to the employer.
For Additional Information -
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| 6. When must an employer remit amounts withheld from an employee's pay? |
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Seven business days from the date the obligor is paid.
For Additional Information -
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
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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)
For Additional Information -
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
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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)
For Additional Information -
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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. |
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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
For Additional Information - No Link Provided |
| 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. |
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N/A
For Additional Information - No Link Provided |
| 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. |
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No.
For Additional Information - No Link Provided |
| 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. |
| 10. How does a noncustodial parent contest an income withholding in your state? |
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The noncustodial parent must appear before the Domestic Relations Section within 10 days after issuance of the notice.
For Additional Information - No Link Provided |
| 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 |
| 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? |
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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.
For Additional Information - No Link Provided |
| 13. When does your state require the employer to send notice of an employee's termination? |
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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)
For Additional Information - No Link Provided |
| 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. |
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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)
For Additional Information - No Link Provided |
8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| Yes. Up to $100 for one child and up to $200 for two or more children. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| DRA distribution to families first. |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| 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. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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Distribution hierarchy is established at Pa.R.Civ.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. Pa.R.Civ.P. 1910.17(d) and 23 Pa.C.S. §4374(c)
For Additional Information -
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9. Enforcement
| 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. |
| 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. |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
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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.
For Additional Information - No Link Provided |
| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| Trans Union, Equifax, Experian, and Innovis. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Administrative |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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. |
| 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. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| Yes |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Judicial |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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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.
For Additional Information - No Link Provided |
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| Automated |
| 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. |
| 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
For Additional Information - No Link Provided |
| 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 |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
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No
For Additional Information - No Link Provided |
| 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? |
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Yes. The Domestic Relations Section notifies the noncustodial parent.
For Additional Information - No Link Provided |
| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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Pennsylvania law states remittance by the financial institution shall be made within a reasonable period of time.
For Additional Information - No Link Provided |
| 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. |
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Financial institutions must freeze the assets until further notice of the court. Pa. R.Civ.P. 1910.23(a)
For Additional Information -
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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. |
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100%. Same for joint accounts.
For Additional Information - No Link Provided |
| 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.
For Additional Information - No Link Provided |
| 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
For Additional Information - No Link Provided |
| 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.
For Additional Information - No Link Provided |
| 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. |
| 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. |
| 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. |
| 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. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| No. |
| 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. |
| 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. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No.
For Additional Information - No Link Provided |
| 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.
For Additional Information - No Link Provided |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Both |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes, judicial.
For Additional Information - No Link Provided |
| 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 |
| 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. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| N/A |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Imprisonment, Fine, Probation. |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Every three years without requirement to show change in circumstances. 23 Pa.C.S. §4352(a.1)
For Additional Information -
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| 2. What is your state's modification procedure? Briefly describe. |
|
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.Civ.P. 1910.19(b) and Pa. R.Civ.P.1910.19(c).
For Additional Information -
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| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
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.
For Additional Information -
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| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
For Additional Information -
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| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| Yes |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes |
| 4.7. 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.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Yes
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
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.
For Additional Information - No Link Provided |
| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
Yes. 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. Pa R.Civ.P. 1910.21(c)
For Additional Information -
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| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| The Domestic Relations Section (DRS) will submit an income withholding order employer-issued bonuses. For lump sum payments not issued by an employer the documents used to attach the lump sum payment vary based on the court generating the order and the type of the lump sum payment. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| No |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| N/A |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| Yes. 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. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| 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. |
| 3.1. Is it retained by the state from support collected? |
| Yes. 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. |
| 3.2. Is it paid by the individual applying for child support services? |
| Yes. 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. |
| 3.3. Is it recovered from the noncustodial parent? |
| No |
| 3.4. Is it paid by the state out of its state funds? |
| Yes. 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. |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. 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).) |
|
Yes. Insurers who use the services of the Insurance Services Office to match data with the Child Support Lien Network (CSLN) and/or the Federal Office of Child Support Enforcement's (OCSE) Insurance Match Program to report pending workers' compensation, personal injury, life insurance, annuity and other insurance awards meet the requirements of the Insurance Intercept Program under statute at 12 Pa. C.S.4305(b)(10). Insurers not participating in CSLN or OCSE's Insurance Match Program must distribute monetary awards based on the requirements of 23 Pa. C.S. 4308.1
For Additional Information -
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| 2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
| The noncustodial parent 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. Overdue support is defined as "support which is delinquent under a payment schedule established by the court" as per 23 Pa. C.S. 4302. |
| 3. What process does your state use to intercept insurance payments? |
|
County Domestic Relations Sections (DRSs) under Cooperative Agreement with PA, may collect support arrearages by issuing court orders (Nondisbursement Orders, Seize Orders, etc.) that secure assets. These orders intercept or seize judgements or settlements that may include personal injury and workers' compensation awards. The DRS also has the authority to intercept and attach annuity and life insurance income from a child support obligor, either as the owner or beneficiary of the income, when the obligor owes support arrearages.
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| 4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
|
An income attachment direct from the issuing state will be accepted to intercept collections of WC. 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
For Additional Information -
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| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| Yes |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes. |
| 2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes. |
| 3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
| Yes. |
| 4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| Yes. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| Yes. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
Requests should be submitted on a Transmittal #3. No fees are charged for certified copies of PA IV-D support orders.
For Additional Information - No Link Provided |
| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
Requests should be submitted on a Transmittal #3. No fees are charged for certified payment records.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
Title 23 Pa.C.S. §7101
For Additional Information -
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| 2. How does your state define the tribunal (See UIFSA 103)? |
|
A court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.
For Additional Information -
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| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| Two |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| No. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| Quebec |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| No. |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| No. |
19. International Information For Hague Convention Countries
| 1. 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).) |
|
Yes
For Additional Information -
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| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| No. |
| 3. 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. |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
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. Pa. R.Civ.P. 1910.16-6 through Pa. R.Civ.P 1910.16-7.
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| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| Yes. The Domestic Relations Section will accept agreements between the parties in non-TANF cases. |
| 6. 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. 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 can be taken.
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| Disbursements to international courts can be made via paper check or SWIFT. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| N/A |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| Yes. Contact the Pennsylvania State Collections and Disbursement Unit for payment instructions. |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| No |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| No |
