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). |
In the absence of other factors, child support will accrue until the child has turned 18 or graduates from high school, whichever occurs later. See 23 Pa. C.S. §4321(2).
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
The order does not terminate automatically. Six months before the child’s 18th birthday, the Domestic Relations Section sends an emancipation inquiry to both parties to confirm whether the child has turned 18 or graduated from high school, whichever is later. Either party may object or request a modification. See Pa.R.Civ.P. 1910.19(c). The court may elect to administratively modify the court order if neither party responds and the child emancipates by operation of law (reaches statutory age limits). Parties will have 20 days in which to challenge any modification.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No. The current law applies without regard to the date of the order.
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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. |
Yes. Support may continue beyond the age of majority if the child has a condition that prevents them from being self-supporting. While not required by law, post-secondary educational support may be enforced if included in a martial settlement agreement. See Pa.R.Civ.P. 1910.19(c)(4).
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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. |
Current child support terminates if the child is emancipated. See 23 Pa.C.S. §4323(a).
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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, child support orders do not automatically terminate when the child no longer lives with the custodial parent.. Either party may petition for modification based on a material and substantial change in circumstances. See Pa.R.Civ.P. 1910.19(c). |
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. In Pennsylvania, child support orders that include multiple children do not automatically reduce when one child reaches the age of majority or becomes emancipated. To adjust the support amount, a party must file a petition for modification demonstrating a material and substantial change in circumstances. If neither party acts and a child emancipates, courts may administratively remove that child from a charging order, however, the court will not adjust the charging amount. Parties will have 20 days in which to challenge any modifications to court orders. See Pa.R.Civ.P. 1910.19(a) and (c). |
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. Pennsylvania does not provide IV-D services to establish new support orders for children who are no longer minors, even if eligible for post-majority support. |
1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model - A child of separated, divorced or never-married parents should receive the same proportion of parental income that he/she would have received if parents lived together.
Pa.R.Civ.P. 1910.16-1 through Pa.R.Civ.P. 1910.16-7 and 23 Pa. C.S. §4322
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2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
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3. 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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4. 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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5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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7. 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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7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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8. 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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9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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14. Does your state child support agency have a debt compromise program? |
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15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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16. 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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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No
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2. How is genetic testing coordinated within your state when the other party is in another state? |
99 percent creates a rebuttable presumption of paternity.
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
23 Pa. C.S. §5103(d). Notwithstanding any other provision of law, an acknowledgment of paternity shall constitute conclusive evidence of paternity without further judicial ratification in any action to establish support. The court shall give full faith and credit to an acknowledgment of paternity signed in another state according to its procedures.
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4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
Pennsylvania law is that a child born of the marriage is a child of the marriage. The basis of the presumption of paternity is to preserve the marriage and an intact family. According to Brinkley v. King, 549 Pa 241, 701 A.2d 176 (1997), in cases involving a challenge to the presumption, a two-part legal analysis must occur: First, consider whether the presumption applies; and if it does, whether proof exists to rebut the presumption. The presumption applies when the family remains intact. Clear and convincing proof of husband's non-access or impotency rebuts the presumption. Second, if the presumption is inapplicable or rebutted, question whether paternity by estoppel applies (i.e., husband's conduct toward and relationship with the child prevents the paternity challenge. If either part of the two-part test applies, the presumption prevails, and paternity is not an issue.
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5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
No
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6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No
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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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. |
8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
Paternity court orders and voluntary acknowledgments of paternity are provided at no charge.
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9.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? |
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. |
10. 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? |
No
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10.1 Describe any circumstances under which these fees may be waived? |
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11. 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. |
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12. 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. |
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13. 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? |
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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. |
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
N/A
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
The custodial parent's income is considered in addition to the noncustodial parent's income. Social Security payments resulting from the death, disability or retirement of a parent to a child for whom support is sought must also be included in the guideline calculation. Pa. R.Civ.P. 1910.16-2(b)(2)
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2.1. What documentation is required as proof/evidence of this information? |
Most recently filed individual federal tax return (including all schedules, W-2's and 1099s); partnership or business tax returns will all schedules (including K-1), if the party is self-employed or a principle in a partnership or business entity; pay stubs for the preceding six months; verification of child care expenses; child support, spousal support, alimony pendente lite, or alimony orders or agreements for other children or former spouses; proof of available medical coverage; Income Statement and, if necessary, Expense Statement on the forms provided by the Domestic Relations Section. Pa. R.Civ.P. 1910.11(c) |
3. What criteria for rebutting your presumptive guidelines have been established in your state? |
If the court determines that there is an obligation to pay support, then there is a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. The support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties. The trier of fact must consider the factors set forth in Pa. R.Civ.P. 1910.16-5. The presumption shall be rebutted if the trier of fact makes a written finding, or a specific finding on the record, that an award in the amount determined from the guidelines would be unjust or inappropriate.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes. Retroactive to the date the complaint or petition was filed. Recovery of public assistance may be ordered at the discretion of the court.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Proof of the public assistance benefits issued.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
Yes |
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
At the discretion of court.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No
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5.1. What about when public assistance is not being expended? |
No |
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Pennsylvania does not reserve support; therefore, a petition requesting establishment of an order for support must be submitted.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
No Pa. R.Civ.P. 1910.3 allows an action to be brought by a child's caregiver irrespective of legal custody status.
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1. What are specific sources of income not subject to withholding? |
Public Assistance, Supplemental Security Income (SSI), and alimony payments.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. 23 Pa.C.S. §4348(g)
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
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3. 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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4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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5. What are your state’s sanctions for employers for not implementing income withholding? |
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6. What are the penalties to an employer for failure to remit payments withheld? |
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7. 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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7.1 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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8. 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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8.1 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. |
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9. How does a noncustodial parent contest an income withholding in your state? |
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10. 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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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
Pennsylvania will accept AEI requests for the following enforcement actions: Seizure of Financial Institution Assets; Suspension of Driver's, Recreational, Occupational and Professional Licenses. The Pennsylvania Bureau of Child Support Enforcement has interfaces established with the Pennsylvania Department of Transportation, Pennsylvania Game Commission, Pennsylvania Fish and Boat Commission, Pennsylvania Insurance Department and the Pennsylvania Department of State to obtain license information. |
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? |
Obligors with verified Social Security numbers, with the exception of interstate initiating cases, who have overdue arrears equal to or greater than two months of the support obligation are eligible for credit bureau reporting.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Trans Union, Equifax, Experian, and Innovis. |
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 OCSS 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 OCSS 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 OCSS 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 OCSS 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 OCSS 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 OCSS 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 OCSS 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? |
Joint accounts on a case-by-case basis; trust or escrow accounts where the noncustodial parent is the trustee or escrowee; IRA's without a QDRO; corporation accounts; accounts over which the noncustodial parent has signature authority only and any accounts of a noncustodial parent who receives SSI, SSI and SSDI, and SSI and SSR.
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Automated |
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
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
Requests for seizure of financial institution assets must include the following information- Transmittal No. 3 completed in full; Child Support Agency Confidential Information form and, provide the following information: Requestor's name and direct telephone number; and, Name, address and account number for the financial institution where the asset is located); Certified Copy of the Order; and, Certified Affidavit of Arrears |
20. Does your state's income withholding definition include amounts in financial institutions? |
No
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes. The Domestic Relations Section notifies the noncustodial parent.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
Pennsylvania law states remittance by the financial institution shall be made within a reasonable period of time.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Financial institutions must freeze the assets until further notice of the court. Pa. R.Civ.P. 1910.23(a)
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
100%. Same for joint accounts.
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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36. What are the criteria for initiating/filing a lien in your state? |
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
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39. Does your state have 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. |
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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40.1 If yes, is this enforcement judicial, administrative, or both? |
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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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)
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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).
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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.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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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
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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.
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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
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7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
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8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
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9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
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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. |
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
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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.
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1. Does your state require electronic payments? If yes, provide your state statutory citation. |
Yes, Pennsylvania law requires remittance by an electronic payment method if
an employer is ordered to withhold income from more than one employee and
employs 15 or more persons, or if an employer has a history of two or more
returned checks due to non-sufficient funds. There is a monetary sanction for
failure to comply. Call PA SCDU at 877-676-9580 for instructions.
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2. What is your state's SDU bank name? |
The SDU bank is Wells Fargo. |
3. What is your state's SDU vendor name? |
Conduent - collections and disbursements
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4. What is your state's web-based payment service for employers? |
Web-based payment service:
ExpertPay (free to employers and noncustodial parents)
Phone: 800-403-0879
Email: customer.service@expertpay.com
Website: www.expertpay.com
For information on PA's EFT requirement or to request not to receive remittance statements, call PA-SCDU Customer Service:
Phone: 877-676-9580
E-mail: PASDU-Employer@Conduent.com |
5. What is your state's web-based payment service for noncustodial parents? |
Web-based payment service:
ExpertPay (free to employers and noncustodial parents)
Phone: 800-403-0879
E-mail: customer.service@expertpay.com
Website: www.expertpay.com
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6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
Credit Card payments accepted from Employers and NCPs via online at www.expertpay.com. Has a current fee of 2.5%.
Credit card payments accepted from NCPs via a toll-free line at 1-800-955-2305, is 2.5% up to $800.00, $20.00 for payments of $800.01 or higher.
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7. How does your state accept card payments? |
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8. Are there fees associated with the credit card payments? |
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9. Does your state have other payment options? |
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10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
No later than 14 days from the issuance of the notice to the employer. |
11. When must an employer remit amounts withheld from an employee's pay? |
7 business days |
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Federal, state, city taxes, FICA |
13. What is your state's priority for withholdings? |
Current support, current medical support including health insurance premiums, child support arrears, medical support arrears |
14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
The maximum amount of any attachment under this section shall not exceed the limits set forth in the Consumer Credit Protection Act. (23 Pa.C.S. 4348(g)). |
15. What are the withholding limits for non-employees? |
The maximum amount of any attachment under this section shall not exceed the limits set forth in the Consumer Credit Protection Act. (23 Pa.C.S. 4348(g)). |
16. 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 prorated among the cases? (See 45 CFR 303.100(a)(5).) |
Prorate |
17. When does your state require employers to send notice of an employee's termination? |
No specific provision; governed by federal requirements to send termination notice "promptly" |
18. How long should an employer retain the order after the employee's termination? |
No law or policy |
19. 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)) |
$50 one-time fee per obligor. |
20. Provide your state's statutory citation. |
23 Pa. C.S. §4348 |
21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
No, while PA does not have a specific definition of "lump sum payment," it is included under the definition of income per 23 Pa. C.S. §4302. "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 -
Website: http://government.westlaw.com/linkedslice/default.asp? |
22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
Yes, 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.
For additional information -
Website: http://www.pacode.com/secure/data/231/chapter1910 |
23. Does your state have a threshold amount for a lump sum to be reported? |
No threshold |
24. Does your state citation or rule provide how long the employer must hold the lump sum? |
Payment is due from the first check after the receipt of the income withholding order. |
25. Is the Income Withholding Order (IWO) used for lump sums? |
Yes |
26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO 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.? |
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. |
27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
No, PA follows the CCPA |
28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
Yes, regardless of whether it falls under the CCPA classification or not PA still adheres to the same limits and will only request withholding up to the percentage that the original Income Withholding Order dictates. |
29. What is your state's Medical Support Statute? |
Pa.R.Civ.P. 1910.16-6(b) and (c)
http://www.pacode.com/secure/data/231/chapter1910/s1910.16-6.html
23 Pa.C.S. § 4324
http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.024.000..HTM
23 Pa.C.S. § 4326
http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.026.000..HTM
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30. What is your state's Reasonable Cost Definition? |
"Reasonable cost." Cost of health care coverage that does not exceed 5% of the party's net monthly income and, if the obligor is to provide health care coverage, the cost of the premium when coupled with a cash child support obligation and other child support-related obligations does not exceed the amounts allowed by the Federal threshold set forth in the Consumer Credit Protection Act (Public Law 90-321, 15 U.S.C. §1601 et seq.).
23 Pa.C.S. § 4326(l)
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31. What is the Health Coverage Expense? |
Rules for calculating insurance expenses are found at:
23 Pa.C.S. § 426
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32. What is the Income Withholding Limits for Support? |
The maximum amount withheld cannot exceed the limits set forth in the Consumer Credit Protection Act.
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33. What is the Priority of Withholding? |
The priorities for distribution of payments and/or collections from the obligor, without regard to the source of the funds or method of collection, are as follows:
(1) monthly current child support.
(2) medical, childcare or other court-ordered child support-related expenses.
(3) monthly ordered amount toward child support arrears.
(4) monthly 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)
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34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
If healthcare is not available at a reasonable cost to the obligor, the court can require that the custodial parent provide medical support. If healthcare at a reasonable cost cannot be provided by either party, the court can require one or both parties to apply for government sponsored coverage.
23 Pa.C.S. § 4326(l)
Pa.R.Civ.P. 1910.16-6 (b)
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35. According to 45 CFR §303.32(a), what are your state options? |
Either or both parents
23 Pa.C.S. § 4326
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36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
Courts issue the National Medical Support Notice (NMSN) to the obligor's employer, ordering them to provide insurance, if available at a reasonable cost, after 25 days of receipt so that obligors have time to contest the NMSN. A copy of the NMSN is also sent to obligor at the same time. Obligors can contest the NMSN based on reasonable cost, mistake of fact, or availability of alternative health coverage for the child.
Pa.R.Civ.P. 1910.16-6 (b)(3)(ii)
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37. What is the reporting timeframe (non-magnetic media only)? |
Within 20 days of hire (or rehire) date |
38. What are the required data elements? |
Employer Information: Federal Employer Identification Number (FEIN), Company Name, Street Address, City, State, and Zip Code, Contact person's name and phone number;
For Each New Hire Employee(s): Full Legal Name, Street Address, City, State of Hire, Zip Code, Social Security Number, Date of Hire, Date of Birth; |
39. What are the methods of transmission? |
Website (file upload or manual data entry), Secure FTP (file upload), Mail (must use an approved reporting form), Facsimile (must use an approved reporting form) |
40. Does your state require independent contractor reporting? |
No |