|
Pennsylvania State Profile |
Updated on 10 Aug 2007
Certified on 07 Aug 2007
|
A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/County Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
None. |
| A3. With what types of agencies do you have cooperative agreements? |
County Courts of Common Pleas, Domestic Relations Section. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes. |
| A4.1. If so, what is the statutory citation? |
23 Pa. C.S.A. Section 4306 |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
|
B. UIFSA |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
01/01/1997 |
| B2. What is the effective date of your State's Act? |
01/01/1998 |
| B3. What is the statutory citation for your State's Act? |
Title 23 Sec. 7101
For Additional Information - No Link Provided |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
UIFSA 1996. |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
|
| B5. Optional comments regarding your State's UIFSA Act. |
|
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
Australia, France, Germany, United Kingdom, Sweden, Ireland, The Canadian Provinces of British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec and Saskatchewan. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
|
D. Age of Majority |
|
| D1. What is the age of majority in your State? |
18 |
| D2. What is the statutory cite for the age of majority? |
Title 23 PA.C.S. 4321 (2)
For Additional Information - No Link Provided |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
The age of majority in PA is now 18 or graduation from high school whichever occurs later (23 PA CS section 4321). It does not occur automatically. PA no longer recognizes a statutory cause of action for post secondary educational support. 23 Pa.C.S.A Section 4327(a) was rules unconstitutional in 1995 by the Supreme Court of PA in the Curtis vs. Kline case. However, contractually based agreements for post secondary educational support contained in marital separation agreements are enforceable. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Support beyond emancipation could be ordered for a child who is handicapped and unable to support himself/herself. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
|
E. Statute of Limitations |
|
| E1. What is your State's statute of limitations for collection of past due support? |
None. |
| E2. What is your State's statute of limitations for paternity establishment? |
18 years of age. |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
|
F. Support Details |
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model -- child of separated/divorced parents should receive same proportion of parental income that he/she would have received if parents lived together. (PA RCP 1910.16-1) |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F4. Does your State charge interest on adjudicated arrears? |
No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If the uninsured amount is in excess of $250.00 per person annually - Proportionally by income - if equal income. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
|
| F6.2. What costs are recovered from/fees charged to the obligor? |
|
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
|
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
23 PA CS section 4342(c) and section 7201.
For Additional Information - No Link Provided |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Our Domestic Relations Sections, which are an arm of the Courts of Common Pleas in PA (our trail courts), in addition to implementing the Title IV-D Child Support Enforcement Program will also establish, enforce and modify (based upon a change in circumstances) an order for spousal support. Grounds for modification of a spousal order is often a change in the parties incomes. Spousal support orders can also be suspended from charging for changes in circumstances(such as incarceration of an obligee). In addition, our PA Rules of Civil Procedure now allowing hearing officers to deviate from our support guidelines (which is generally 40% of the difference in the parties incomes for a spousal only order) in the establishment of spousal support order based upon the length of marriage. This basis for deviation DOES NOT apply to child support, however. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
Yes |
| F10.1. Optional comments regarding required information on spouse or partner. |
|
G. Income Withholding |
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income withholding |
| G2. What specific source of income is not subject to withholding? |
Non-periodic Income, Public Assistance Supplemental Social Security, and Alimony Payment (23 PA CS section 4302)
For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
Local courts have discretionary authority to place limits on income withholding. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Employer may deduct from the income of the obligor 2% of support obligation. Fee cannot be deducted from support. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
No later than 10 days after issuance of the notice to the employer. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
7 business days from the date the obligor is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Adjudged in contempt, committed to or fined by court. Employer is also liable for amount of support withheld. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Imposition of a civil penalty of up to $1,000 per violation for willfully violating income attachment requirements. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
|
| G11. How does an obligor contest income withholding in your State? |
Obligor must appear before Domestic Relations Section within 10 days after issuance of notice. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Prorate multiple income withholding orders. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
23 PA CS section 7501.2 - Employer is to comply with the income withholding laws of this state to establish priorities for withholding and allocation between multiple income withholding orders. [court's Rules of Civil Procedures (RCP) allows proration of multiple income withholding orders - PA.RCP 1910.21 (g)]
For Additional Information - No Link Provided |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Per PA RCP 1910.16 (c) in determining net monthly income, the following items are allowable deductions: Federal, state, and local income taxes; Federal Insurance Contributions Act (F.I.C.A.) payments and non-voluntary retirement payments; Union dues; and Alimony paid to the other party. In computing a spousal support or and alimony pendente lite (APL) obligation, the court deducts from the defendants monthly net income all of his/her child support obligations and any amounts of spousal support, alimony pendente lite, or alimony being paid to former spouses. |
| G14. When does your state require the employer to send notice of an employee's termination? |
The Order/Notice to Withhold Income (En-028) form sent by the DRS to an employer provides the following Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Per Pa Rules of Civil Procedure Rule 1910.21(d)(1) Upon termination of the obligor's employment, the employer shall notify the domestic relations section of the termination, the obligor's last known address, and the name and address of the obligor's new employer, if known. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
The IWO should not be retained after termination of an employee. If the employee is reinstated, the employer should report the hiring and a new IWO will be generated. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
You can send a direct income withholding order to an employer, the Pennsylvania Department of Labor and Industry for Unemployment Compensation benefits, or other income payor. Pennsylvania has a broad definition of income at 23 Pa. C.S.A. Section 4302. Pennsylvania (in-state, not multi-state) financial institutions will only honor Pennsylvania freeze and seize orders. Multi-state financial institutions operating in Pennsylvania should honor an out-of-state freeze and seize order provided the financial institution does business or operates in the state issuing the order. |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current child support is paid first, then current medical support. |
H. Paternity |
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
|
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% creates a rebuttable presumption of paternity. |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
|
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
1/1/1998 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
|
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Prove lack of access, physical incapacity or genetic test upon request. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
Prior to 01/01/1998, paternity did not have to be established to name a father on the birth certificate. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
|
| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
|
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
No |
| H9.1. Please describe any circumstances under which these fees may be waived. |
|
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
|
| H10.2. When did your current common law standard go into effect? |
11/23/2004 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
Parties must be free to marry, must show intent to be married by presenting themselves to the public as husband and wife. (effective 08/22/1958) |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Written testimony and teleconference are used, but generally follow the UIFSA. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
23 PA CS section 4342 and section 7201.
For Additional Information - No Link Provided |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
The fees are a part of the court order for support. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Prior to Jan. 1, 1998, a birth certificate did not conclusively establish paternity in the Commonwealth of Pennsylvania for children born out of wedlock. The name appearing on the document was only a person so named the father. A voluntary acknowledgement of paternity or a court order would be necessary to establish paternity. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One set of documents is preferred |
I. Support Order Establishment |
|
| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Both. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
Administrative used if action is not contested. |
| I1.2. Under what circumstances would the judicial process be used? |
Judicial used if action is contested. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
23 PA CS section 4305 --- general administration of support matters.
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
CP's income. If a child for whom support is sought is receiving SS reitrement or disability derivative benefits as a result of a parent's age or disability, the benefits the child receives shall be added to the combined monthly net incomes of the obligor and obligee to calculate the income available for support. The presumptive amount shall then be less the child's SS benefits before apportioning the remaining support obligation between the two parties. (PA RCP 1910.16 -2(b)(2)) |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The amount of award determined from guidelines is the correct amount of support to be awarded, unless trier of fact makes a written finding on record that an award from the guidelines would be unjust or inappropriate. Fact to be considered include: - Unusual needs and fixed obligations - Other support obligations of the parties - Other income in the household - Ages of the children - Assets of the parties - Medical expenses no covered by insurance - Standard of living |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Retroactive to include pre-natal and/or birthing expenses. |
| I4.2. What information or documentation does your State require to proceed? |
PA RCP 1910.27 Form for Complaint for Support |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
At the discretion of court |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
FTROP, STROP, real property liens, lottery intercept, passport denial and income withholding (quasi-judicial as requires judge's signature).We use an adminstrative process for our voluntary acknowledgement of paternity. The program is conducted at hospitals. Establishment and Modification procedures are judicial processes conducted by the Domestic Relations Sections of the Courts of Common Pleas. Most enforcement remedies are a hybrid of administrative and judicial, administratively generated by PACSES, but require the signature of a judge (i.e. FIDM, Driver License Suspension, Income Withholding) and are subject to contest. |
| I6. What is your State's statutory authority for the administrative process? |
12 PA CS section 4305
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No Per Pa R.C.P. 1910.3 a support action may be filed by a person caring for a minor child, with or without legal custody (23 Pa. C.S. §4341(b)) or appointed as guardian ad litem (A guardian appointed by the court to appear on behalf of a minor child). Legal custody is not required regardless of whether or not public assistance is being expended. |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
PA does not reserve support |
J. Support Enforcement |
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Both |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative and Judicial |
| J2.1. What are the trigger criteria for filing a lien? |
Any child support arrearage |
| J2.2. Where is your State liens filed? |
County |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
$5 - $25 |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Judicial |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When case becomes delinquent |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
The State system generates the notice which notifies the NCP. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Notice is sent to obligor 5 days after order to freeze assets is sent to the financial institution |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
When an obligor owes any amount of overdue child support - overdue support is the amount of delinquent support equal to or greater than one month support obligation which accrues after the entry or modification of a support order as the result of the obligor's non-payment of support |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
Pennsylvania's statute provides for the freeze and seizure of any amount of overdue support. Overdue support is defined in the Pa Rules of Civil Procedure (Pa.R.C.P.) at Rule 1910.1(c) as the amount of delinquent support equal to or greater than one month's support obligation which accrues after each entry or modification of a support order as the result of the obligor's nonpayment of that order. Support is considered overdue if the obligor subsequently defaults on a payment plan for past-due support. Rule 1910.1(c) clearly defines Past-due support as the amount of support which accrues prior to entry or modification of a support order as the result of retroactivity of that order. Past-due support cannot be converted to overdue support unless the support obligor defaults on a term of the order. In arrears-only cases, failure to pay an ordered on arrears (OOA) amount for 30 days qualifies past-due support for conversion to overdue support. |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Yes |
| J5.3. 1. If yes, please provide the time frame. |
30 days. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
No. The total amount of assets seized cannot exceed the total amount of overdue support owed by the obligor but there is no limit to a percentage of the financial assets eligible for Freeze and Seize. |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
No minimum amount in the account, however, the Pa Automated Child Support Enforcement System (PACSES) only generates freeze orders automatically for accounts with balances of $250 or greater. This threshold was established to address operational and cost accountability concerns. Please note that the DRSs may issue an order independent of PACSES to freeze and seize an asset with a value less than $250 |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
PACSES system identifies the cases that have more than the $250.00 minimum. |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Pa R.C.P., Rule 1910.23(b) states that the DRS shall provide a written notification of the issuance of an Order to Freeze Assets to the support obligor. The Notice of Freezing/Seizing Assets is sent to the obligor five working days after a judge signs the freeze order. The freeze order provides the obligor with the name of the financial institution and the account(s) to be frozen. The obligor and/or joint owner of the account who has been notified by the financial institution may object to the attachment in writing or by personal appearance before the DRS within 30 calendar days after issuance of the notice. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
Our state law does not allow for a second contest to Freeze and Seize action. |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
The grounds for an objection are limited by Pa R.C.P., Rule 1910.23(b) to the following: no overdue support exists under the support order or there is a mistake in the certified amount of overdue support; there is a mistake in the identity of the obligor; or the account is not subject to attachment as a matter of law. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Judicial |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
Judicial |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
30 days. No unique requirements. Non-debtor must contest freeze through the court |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Not centralized. Automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
|
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
|
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
The Order to Freeze Assets (En-525) instructs the financial institution to freeze the assets up to the ordered amount for an obligor until further Notice of this court. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
Pennsylvania law (Pa. C.S. §4304.1(b.1)(2) states Remittance by the financial institution shall be made within a reasonable period of time. |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Judicial |
| J7. Please describe any other administrative enforcement procedures your state may have. |
|
| J8. Please describe any other judicial enforcement procedures your state may have. |
Imprisonment, Fine Probation |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
PA CS section 4352(d1)lists procedures for another state to register administrative liens with PA. The existence of overdue support creates the lien on real property and information regarding the amount of overdue support can be obtained by accessing the Department of Public Welfare's internet website www.pachildsupport.com or by contacting the local Domestic Relations Office.
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
None. Procedures to implement. Administrative Enforcement for interstate are not finalized. |
| J11. Describe your state's registration and enforcement procedures. |
Enacted UIFSA Model Act Verbatim |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
Upon registration, order is enforced in the same manner and is subject to same procedures as an order issued by a tribunal of this state. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
23 PA CSA 7101
For Additional Information - No Link Provided |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
State must register their case for enforcement because Pennsylvania financial institutions will not honor out of state freeze and seize orders. A Pennsylvania freeze and seize order must be generated by the PACSES system. Use Transmittal #1. We may close the case immediately after the bank account has been seized provided that is the only asset attachable in Pennsylvania and Federal case closure regulations are met. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
Reporting is made to four Consumer Reporting agencies: Trans Union, Equifax, Experian, and Innovis |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative. |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
An obligor is not submitted for credit reporting if the case is an interstate initiating case, but an obligor is submitted for an interstate responding case. |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
Obligors with verified Social Security Numbers, with the exception of interstate initiating cases, who have overdue (normal) arrears equal to or greater than two months of the support obligation are identified by PACSES on a monthly basis as eligible for credit bureau reporting. |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every three years without requirement to show change in circumstances. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Modification conferences automatically set in TANF case, but must be requested in NON-TANF cases. |
| K3. Briefly describe your State's modification procedure. |
Petition for modification filed with court and modification conference scheduled. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
Material and substantial change in circumstances |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
Yes |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
|
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
|
| K7. How does your state credit SSA disability to current and past due support? |
Distribution is the same as all other collections. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
N/A |
| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
|
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Acknowledgement of Paternity and birth records/certificates can be obtained from the the Pennsylvania Vital Records office. Birth records can be requested from the PA Division of Vital Records which has records since January 1906. There is a fee and records are not open to public inspection and must therefore be requested by person of record, immediate family member or legal guardian, or a court order or subpoena as required. Additional information is available by calling (724) 656-3100. Paternity acknowledgments can be requested by contacting the PA Central Registry by fax ((717) 787-9706), or mail. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
UIFSA Transmittal #1, Registration Statement, Uniform Support Petition, Certified Copy of the Order and Modifications + 2 photocopies, General Testimony, Certified copy of Arrearages. |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
Yes |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
Entitlements to money or lump sum awards factored into net income using a method and time period determined appropriate by the court without regard to source include: Lottery winnings Income tax refunds Insurance compensation or settlements Awards and verdicts Any form of payment due to and collectible by an individual |
| L1.2 Provide the statutory citation. |
Pa R.C.P. 1910.16-2 and 23 Pa.C.S.A.§4302.
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
Per Pa R.C.P. 1910.21(c) 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. |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
Yes |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
No threshold |
| L4. How are employers instructed to report a pending lump sum? |
Employers are instructed on the Order/notice to Withhold Income for Support (En-028) to contact the person/authority listed on the form, which is the individual county DRS worker that issued the order. At that time, the employer will be informed whether or not and the amount that will have to be withheld from the lump sum as it varies among the 67 individual Pennsylvania county courts. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
There are no specified time frames |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
Payment is due from the first check after the receipt of the income withholding order |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
Process varies among 67 county courts. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
Yes |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
Lump sum payments are attached a variety of different ways depending upon what type of lump sum payment is being attached and according to various laws of the 67 Pennsylvania county courts. |
| L9. What other documents does your state use to attach lump sum payments? |
See above response |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
Yes |
| L10.1 If yes, what are those limits? |
It depends on the type of lump sum payment that is being attached.Pennsylvania law specifies that the limits on the amount of income that can be withheld from an obligors aggregate disposable weekly earnings for support obligations are described in the Consumer Credit Protection (CCP) Act: A maximum of 50% can be withheld if the obligor has another family to support, but arrears are equal to or less than 12 weeks of support. A maximum of 55% can be withheld if the obligor has another family to support, and arrears represent support that became due more than 12 weeks prior to the current pay period. A maximum of 60% can be withheld if the obligor does not have another family to support but has arrears that are equal to or less than 12 weeks of support. A maximum of 65% can be withheld if the obligor does not have another family to support, and arrears represent support that became due more than 12 weeks prior to the current pay period.
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
|
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
The CCPA limits would be applied to the entire amount | |
|
