| 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. Both parents’ incomes are used to determine the support amount. See 23 Pa.C.S. § 4322 and Pa.R.Civ.P. 1910.16-1 et seq.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=22&subsctn=0
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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)? |
Pennsylvania guidelines assume the non-custodial parent has 30% custodial time, and the trier of fact can deviate if this is not the case. When a child spends 40% or more of the annual overnights with the non-custodial parent, a rebuttable presumption arises that the obligor is entitled to a reduction in the basic child support. This is also an issue for the trier of fact. Evidence may include a court order, parenting plan, or credible testimony. See Pa.R.Civ.P. 1910.16-4(c).
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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. |
No.
For Additional Information - No Link Provided
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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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No. |
| 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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No. |
| 6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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Yes. Unreimbursed medical expenses are allocated between the parties to the support action in proportion to their incomes. Each party’s share may be less than, equal to, or greater than 50 percent of the uninsured expense. See Pa.R.Civ.P. 1910.16-6(c). For Additional Information: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-6.html&d=reduce |
| 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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Upon confirmation of a change in custody, Pennsylvania will either close the existing case or suspend the charging order and enforce the collection of arrears only. Upon receipt of a new petition for child support services from the current custodian, a new Title IV-D case will be opened with the new custodian as payee, and a new order will be established. |
| 7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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No. |
| 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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No. Legal custody is not required. Upon confirmation of a change in custody, Pennsylvania will either close the existing case or suspend the charging order and enforce the collection of arrears only. Upon receipt of a new petition for child support services from the current custodian, a new Title IV-D case will be opened with the custodian as payee, and a new order will be established. |
| 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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Yes Social Security derivative benefits received by the child due to the obligor’s retirement or disability are credited toward the support obligation. See Pa.R.Civ.P. 1910.16-2(b)(2). For Additional Information: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-2.html&d=reduce |
| 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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The Domestic Relations Section will review the circumstances and determine whether any adjustment to the arrears balance is appropriate. Credit for payments received outside the state disbursement unit is generally not granted unless authorized by court order. |
| 10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Yes. Pennsylvania law explicitly allows for the modification or termination of a support obligation due to an obligor’s inability to pay. Under Pa.R.Civ.P. 1910.19(f), a court may, upon notice to both parties, modify or terminate a support order and remit any arrears without prejudice when it appears that the obligor is unable to pay, has no known income or assets, and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future.
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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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The Domestic Relations Section will review and determine the appropriate action based on the circumstances. If the benefit exceeds the guideline amount, the order may be reviewed for modification or termination. See Pa.R.Civ.P. 1910.16-2(b)(2). For Additional Information: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-2.html&d=reduce |
| 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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The Domestic Relations Section notifies the other state of the SSA benefit details and coordinates any impact on the support obligation. Reconciliation of payments is handled through appropriate intergovernmental communication methods based on case status and benefit type. |
| 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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Pennsylvania generally closes cases when the obligor’s only income is from SSI or from both SSI and Title II benefits, consistent with federal case closure regulations. The Domestic Relations Section reviews each case to determine whether closure is appropriate based on the specific circumstances. |
| 14. Does your state child support agency have a debt compromise program? |
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Pennsylvania does not have a formal debt compromise program. Arrears owed to the state may be reduced by court order in limited circumstances. Arrears owed to the obligee can only be waived with that party’s consent. |
| 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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After emancipation, arrears remain enforceable. Per Pa.R.Civ.P. 1910.19(e), the court may order the obligor to pay an amount equal to the former support order until arrears are paid. The payment amount may vary based on the obligor’s circumstances and court discretion. For Additional Information: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.19.html |
| 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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No. A change is the child’s physical residence may justify a support modification even if legal custody has not changed. One of the parties should file a petition to modify the order. Child support and custody are address separately. See Pa.R.Civ.P. 1910.19(a). For Additional Information: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.19.html |
| 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.
For Additional Information - No Link Provided
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| 2. How is genetic testing coordinated within your state when the other party is in another state? |
The Domestic Relations Section coordinates with the other state to arrange local sample collection; each party is tested in their own state and results are shared per UIFSA.
For Additional Information - No Link Provided
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| 3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99 percent or greater probability creates a rebuttable presumption of paternity. See 23 Pa.C.S. § 4343(c)(2).
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| 4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
23 Pa.C.S. § 5103(d); an acknowledgment of paternity constitutes 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 signed in another state according to its procedures.
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| 5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
No. A child born during a marriage is presumed to be the child of the husband, but this presumption is rebuttable and may not apply if the marriage is not intact. The court may also apply paternity by estoppel. See 23 Pa.C.S. § 5102
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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, a father’s name on the birth certificate does not constitute a conclusive presumption of paternity. See 23 Pa.C.S. § 5103 (d) and (i) for details regarding unmarried parents. For married parents Pennsylvania has a rebuttable presumption of paternity. See 23 Pa. C.S. 4343.
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| 7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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No. |
| 8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
Pennsylvania Bureau of Child Support Enforcement. Requests for information should be submitted on agency letterhead and faxed to 717-787-0297. Include the mother’s name, SSN, DOB, and the child’s name and DOB. Father’s information may also be included if known.
For Additional Information - No Link Provided
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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? |
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Paternity court orders and voluntary acknowledgments of paternity are 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? |
The Bureau of Child Support is responsible for the voluntary acknowledgment of paternity program and provides information at no charge. The Division of Vital Records handles birth certificates and may charge fees for certified copies or record searches.
For Additional Information - No Link Provided
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| 10.1 Describe any circumstances under which these fees may be waived? |
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N/A |
| 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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No. |
| 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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Common law marriage was recognized in Pennsylvania from January 22, 1958, until January 1, 2005. A valid common law marriage required: the parties to exchange words of present intent to marry, publicly hold themselves out as married and cohabitate. Common law marriages entered into on or before January 1, 2005, remain valid. See 23 Pa.C.S. § 1103. For Additional Information: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=11&sctn=3&subsctn=0 |
| 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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One intergovernmental packet should be sent, with a separate Declaration in Support of Establishing Parentage form for each child. |
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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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
For Additional Information - No Link Provided
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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. |
Establishment of a support obligation in Pennsylvania is handled exclusively through the judicial process. Procedures are governed by Pa.R.Civ.P. 1910.1 et seq.
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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 when applying the support guidelines. If a child receives Social Security benefits due to a parent’s death, disability, or retirement, those payments must be included in the calculation. See 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? |
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The most recently filed individual tax return with all schedules, W-2s, and 1099s; partnership or business tax returns with all schedules, including K-1s, if the party is self-employed or a principal in a business entity; pay stubs for the preceding six months; verification of child care expenses; any support orders or agreements for other children or former spouses (including child support, spousal support, alimony pendente lite, or alimony); proof of available medical coverage; an Income Statement; and, if necessary, an Expense Statement on forms provided by the Domestic Relations Section. See Pa.R.Civ.P. 1910.11(c). For Additional Information: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.11.html&d=reduce |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
If the court determines there is an obligation to pay support, there is a rebuttable presumption that the amount determined by the guidelines is the correct amount of support to be awarded. The guidelines are presumed to be correct but may be rebutted by considering 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 may be rebutted if the trier of fact makes a written finding, a specific finding on the record, that applying 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. Support orders are established retroactively to the date the complaint or petition was filed. The court may also order recovery of public assistance at its discretion. Retroactive support may be granted for prior periods in certain circumstances, such as if the party was unable to file due to disability or other valid reasons. See Pa.R.Civ.P. 1910.17.
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Proof of public assistance benefits issued or documentation explaining why the party could not file, such as proof of disability, if applicable. See Pa.R.Civ.P. 1910.17.
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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? |
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Yes. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Retroactive support is established at the discretion of the court.
For Additional Information - No Link Provided
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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? |
Only physical custody is required to establish a support order when public assistance is being expended; legal custody is not necessary. See 23 Pa.C.S. 4341(b).
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| 5.1. What about when public assistance is not being expended? |
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Only physical custody is required to establish a support order; legal custody is not necessary. See 23 Pa.C.S. 4341(b). For Additional Information: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=41&subsctn=0 |
| 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? |
If a previous order did not include support, a petition for modification must be filed to establish the support obligation, as outlined in Pa.R.Civ.P. 1910.19.A waiver or reservation of the right of a child to receive support may always be modified. If there is no existing order, establishment will be required.
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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. A change is the child’s physical residence may justify a support modification even if legal custody has not changed. One of the parties should file a petition to modify the order. Child support and custody are address separately. See Pa.R.Civ.P. 1910.19(a).
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| 1. What are specific sources of income not subject to withholding? |
Public assistance, Supplemental Security Income (SSI), and concurrent SSI with Social Security Disability Insurance (SSDI) or Social Security Retirement (SSR) benefits are not subject to withholding.
For Additional Information - No Link Provided
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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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No. |
| 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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No. |
| 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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Employers must begin withholding as soon as possible, but no later than 14 days after the notice is issued to the employer, per 23 Pa.C.S. § 4348(i). For Additional Information: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=48&subsctn=0 |
| 5. What are your state’s sanctions for employers for not implementing income withholding? |
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Liability for unpaid amounts, contempt of court, asset attachment, and civil penalties up to $1,000 per violation may apply under 23 Pa.C.S. § 4348(k) and (l). For Additional Information: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=48&subsctn=0 |
| 6. What are the penalties to an employer for failure to remit payments withheld? |
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Liability for unpaid amounts, contempt of court, asset attachment, and civil penalties up to $1,000 per violation may apply under 23 Pa.C.S. § 4348(k) and (l). For Additional Information: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=48&subsctn=0 |
| 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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Yes. Other jurisdictions may send income withholding orders for unemployment benefits directly to the Pennsylvania Department of Labor & Industry by fax to 717-787-8040 (Attn: CSI) or by mail to: Department of Labor & Industry, Attn: CSI, 651 Boas Street, Room 501, Harrisburg, PA 17121. |
| 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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N/A |
| 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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No. |
| 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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To request a financial institution attachment, the initiating agency should submit a fully completed Transmittal #3 and a Child Support Agency Confidential Information Form to the Central Registry. The request must include the name and direct phone number of the requestor, the name, address, and account number of the financial institution, a certified copy of the support order, and a certified affidavit of arrears. |
| 9. How does a noncustodial parent contest an income withholding in your state? |
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A noncustodial parent may contest an income withholding by appearing before the Domestic Relations Sections within 10 days of notice, limited to mistake of fact. See 23 Pa.C.S. § 4348(e)(2). For Additional Information: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=48&subsctn=0 |
| 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. |
When payment is insufficient to cover the full amount ordered, Pennsylvania applies the payment in the following order: (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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| 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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Yes, IWOs may be sent to companies that pay independent contractors, as “income” is broadly defined in 23 Pa.C.S. § 4302 to include income derived from business. No, There is no special process for determining the amount to withhold. For Additional Information: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=2&subsctn=0 |
| 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.) |
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Pennsylvania accepts AEI requests for certain enforcement actions, including the seizure of financial institution assets and the suspension of driver’s, recreational, occupational, and professional licenses. The Pennsylvania Bureau of Child Support Enforcement (BCSE) maintains automated interfaces with state agencies including the Department of Transportation, Game Commission, Fish and Boat Commission, Insurance Department, and the Department of State to identify and act on license suspensions. Financial Institution Data Match (FIDM) is also available for locating and seizing financial assets. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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For AEI requests involving the seizure of financial institution assets, Pennsylvania requires the Child Support Agency Confidential Information Form, the requestor’s name and direct telephone number, and the name, address, and account number of the financial institution where the asset is located. A certified copy of the order and a certified affidavit of arrears must also be included. For license suspension requests, the following must be provided: the Child Support Agency Confidential Form, the requestor’s name and direct telephone number, a certified copy of the order, a certified affidavit of arrears, and the 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? |
Noncustodial parents with verified Social Security numbers, excluding those in interstate initiating cases, are eligible for credit bureau reporting when they have overdue arrears equal to or greater than two months of their support obligation. Prior to reporting, the obligor is provided with notice and an opportunity to contest the accuracy of the information. This process is authorized under 23 Pa.C.S. § 4303.
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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TransUnion, Equifax, and Experian. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative. Authorized under 23 Pa.C.S. § 4303.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=3&subsctn=0 |
| 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?" |
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No. Once begun, credit bureau reporting continues for the life of the support case. Reporting only stops if the order is suspended, terminated, vacated, or the case is closed with no arrears owed. |
| 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? |
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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? |
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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? |
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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? |
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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? |
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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? |
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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? |
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Yes. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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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? |
Yes, Pennsylvania exempts certain account types from financial institution attachment for child support enforcement. These include joint accounts (evaluated on a case-by-case basis), trust or escrow accounts where the obligor is the trustee or escrowee, and accounts containing exempt funds such as Supplemental Security Income (SSI).
For Additional Information - No Link Provided
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
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The attachment process is automated but may be paused or stopped by the county office. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
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An account may be attached when the obligor owes overdue support equal to or greater than one month’s support obligation that accrued after entry or modification of a support order.
See Pa.R.Civ.P. 1910.23(a) |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
For Additional Information - No Link Provided
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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. |
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To request a financial institution attachment, the initiating agency should submit a fully completed Transmittal #3 and a Child Support Agency Confidential Information Form to the Central Registry. The request must include the name and direct phone number of the requestor, the name, address, and account number of the financial institution, a certified copy of the support order, and a certified affidavit of arrears. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided
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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 issues the freeze order and provides notice to the obligor and any joint account holders. This process is governed by Pa.R.Civ.P. 1910.23.
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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? |
Banks must hold funds on deposit for an indefinite period from the date an order to hold funds is received. They may only take action once they receive an order to release or seize funds. Once a court orders the seizure of funds, the financial institution must remit the assets within a reasonable period of time, as required by 23 Pa.C.S. § 4304.1(b.1)(2)
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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. |
Yes. Financial institutions must hold the attached assets until further order of the court, as required by 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. See Pa.R.Civ.P. 1910.23(a).
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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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Per Pa.R.Civ.P. 1910.23(b), an obligor or joint account holder may contest an attachment by filing an objection within 30 days of notice, based on a claim that no overdue support exists or there is a mistake in the certified amount, a mistake in identity, or that the account is not subject to attachment by law.
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.23.html |
| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
No. There are no specific procedures for liquidating non-liquid personal assets. These actions require a court order and must follow general civil enforcement procedures under the Pennsylvania Rules of Civil Procedure.
For Additional Information - No Link Provided
|
| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
A driver’s license may be suspended for nonpayment of support if the obligor owes support equal to or greater than three months of the monthly obligation and income withholding has not been successfully implemented, or if the obligor has failed to comply with subpoenas or warrants related to paternity or support proceedings. See 23 Pa.C.S. § 4355.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=55&subsctn=0%20 |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
|
A driver’s license may be reinstated if the obligor pays the overdue support, enters into a payment agreement, or complies with subpoenas or warrants related to paternity or support proceedings. Courts may also consider individual circumstances when deciding whether to suspend or reinstate a license. See 23 Pa.C.S. § 4355.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=55&subsctn=0%20 |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
|
Yes. However, individuals whose licenses are suspended due to support obligations are not eligible for an Occupational Limited License. Eligibility is restored only when the suspension is satisfied or released. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
|
A professional license may be suspended for nonpayment of support if the obligor owes support equal to or greater than three months of the monthly obligation and income withholding has not been successfully implemented, or if the obligor has failed to comply with subpoenas or warrants related to paternity or support proceedings. License types include, but are not limited to, those held by architects, barbers, engineers, funeral directors, nurses, pharmacists, real estate salespersons, public adjusters, insurance administrators, and motor vehicle physical damage appraisers. Attorney license actions are handled exclusively by the Disciplinary Board of the Supreme Court of Pennsylvania. See 23 Pa.C.S. § 4355.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=55&subsctn=0%20 |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
|
A professional license may be reinstated if the obligor pays the overdue support, enters into a payment agreement, or complies with subpoenas or warrants related to paternity or support proceedings. Courts may also consider individual circumstances when deciding whether to suspend or reinstate a license. See 23 Pa.C.S. § 4355.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=55&subsctn=0%20 |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
|
No. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
|
A recreational license may be suspended for nonpayment of support if the obligor owes support equal to or greater than three months of the monthly obligation and income withholding has not been successfully implemented, or if the obligor has failed to comply with subpoenas or warrants related to paternity or support proceedings. License types include those issued by the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission. See 23 Pa.C.S. § 4355.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=55&subsctn=0%20 |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
|
A recreational license may be reinstated if the obligor pays the overdue support, enters into a payment agreement, or complies with subpoenas or warrants related to paternity or support proceedings. Courts may also consider individual circumstances when deciding whether to suspend or reinstate a license. See 23 Pa.C.S. § 4355.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=55&subsctn=0%20 |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No. |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
An overdue support obligation in this or any state that is on record at the Domestic Relations Section constitutes a lien by operation of law against the obligor’s real property located in Pennsylvania. This lien is established without the need for judicial action and is enforceable upon recording. See 23 Pa.C.S. § 4352(d.1).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=52&subsctn=0 |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
|
Administrative. A lien is automatically created against real property when overdue support is on record with the Domestic Relations Section. No court action is required. See 23 Pa.C.S. § 4352(d.1).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=52&subsctn=0 |
| 38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes. Property seizure and sale is enforced through a judicial process requiring a court order. See 23 Pa.C.S. § 4352 (a).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=52&subsctn=0 |
| 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. |
|
Yes. Administrative. See 23 Pa.C.S. § 4307.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=7&subsctn=0 |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
|
Yes. Lottery winnings over $2,500 from the Pennsylvania lottery are subject to intercept for support. See 23 Pa.C.S. § 4308.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=8&subsctn=0 |
| 40.1 If yes, is this enforcement judicial, administrative, or both? |
|
Both |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
The Domestic Relations Section may publish the names of support obligors who are 30 days or more delinquent in newspapers of general or special circulation. See 23 Pa.C.S. § 4309.
For Additional Information:
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.009.000..HTM |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
Imprisonment (23 Pa.C.S. § 4345(a)(1)), fine (23 Pa.C.S. § 4345(a)(2)), probation
(23 Pa.C.S. § 4345(a)(3)), posting of bond or security (23 Pa.C.S. § 4347).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=45&subsctn=0; and, https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=47&subsctn=0.%20 |
| 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.) |
In IV-D cases, support order reviews are generally conducted upon request, but the Domestic Relations Section may also initiate a review administratively when appropriate. Parties may request a review every three years without showing a change in circumstances. For TANF cases, a review is conducted every three years regardless of whether a request is made. See 23 Pa.C.S. § 4352(a.1).
For Additional Information -
|
| 2. What is your state's modification procedure? Briefly describe. |
A petition for modification of an existing support order may be filed by either party. Once filed, the petition may not be withdrawn without the consent of both parties or leave of court. At the conference or hearing, the trier of fact may modify or terminate the existing support order in any appropriate manner based on the evidence presented, regardless of which party filed the petition. The effective date of the modified order is the date the petition for modification was filed. See Pa.R.Civ.P. 1910.19(b) and (c).
For Additional Information -
|
| 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 clearly state the material and substantial change in circumstances that forms the basis for the request. There is no required dollar or percentage threshold for modification. See Pa.R.Civ.P. 1910.19(a).
For Additional Information -
|
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
A petition for modification of an existing support order must clearly state the material and substantial change in circumstances that forms the basis for the request. There is no required dollar or percentage threshold for modification. See Pa.R.Civ.P. 1910.19(a).
For Additional Information -
|
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
|
Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
|
Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
For Additional Information - No Link Provided
|
| 4.4. The cost of living has changed. |
|
Yes. See 23 Pa.C.S. § 4352(a.1)
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=43&sctn=52&subsctn=0 |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
|
Yes. See Pa.R.Civ.P.1910.16-6(c).
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-6.html&d=reduce |
| 4.6. There has been a substantial change in childcare expenses. |
|
Yes. See Pa.R.Civ.P. 1910.16-6(a).
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-6.html&d=reduce |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Other criteria for demonstrating a change in circumstances may include a change in custody, the emancipation of a child, a revised support amount resulting from updated guidelines, a change in the number of dependents, or the obligor’s incarceration. See Pa.R.Civ.P. 1910.19(a).
For Additional Information -
|
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
|
No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes.
For Additional Information -
|
| 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? |
|
Yes. If a child begins receiving family SSD benefits that are less than the support order, this would qualify as a change in circumstance allowing for review and adjustment under Pa.R.Civ.P. 1910.19(a).
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.19.html&d=reduce |
| 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? |
|
No. However, if a party does request a review, the request must be signed. |
| 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)? |
|
Yes. The Domestic Relations Section may administratively initiate a review and modification without a request from either party. |
| 1. Does your state require electronic payments? If yes, provide your state statutory citation. |
|
Pennsylvania law (23 Pa.C.S. § 4374(b)) 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. Contact PA SCDU Employer Customer Service at 1-877-676-9580 for instructions.
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=74&subsctn=0 |
| 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.
|
| 4. What is your state's web-based payment service for employers? |
|
Pennsylvania’s web-based payment service for employers is ExpertPay, available at www.expertpay.com. For assistance contact ExpertPay at 800-403-0879 or customer.service@expertpay.com. To stop receiving remittance statements, contact PA SCDU at 877-676-9580 or PASDU-Employer@Conduent.com. |
| 5. What is your state's web-based payment service for noncustodial parents? |
|
Pennsylvania’s web-based payment service for noncustodial parents (NCPs) is ExpertPay (free to NCPs paying via bank account), available at www.expertpay.com. For assistance, contact ExpertPay customer service at 800-403-0879 or customer.service@expertpay.com. |
| 6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
|
Yes, noncustodial parents may make credit card payments online at www.expertpay.com or by phone at 800-955-2305. |
| 7. How does your state accept card payments? |
|
Payments may be made online at www.expertpay.com or www.moneygram.com or by telephone at 800-955-2305. |
| 8. Are there fees associated with the credit card payments? |
|
Yes. Credit card payments made by phone incur a 2.95% fee for amounts between $0.01 and $700.00, and a flat fee of $20.00 for payments of $700.01 or more. Payments made online through ExpertPay incur a 2.50% fee for amounts between $0.01 and $800.00 and a flat fee of $20.00 for payments of $800.01 or more. Payments made via MoneyGram carry a $7.99 fee for amounts between $0.01 and $300.00, and a $10.99 fee for amounts between $300.01 and $500.00. |
| 9. Does your state have other payment options? |
|
Yes. Payments may also be made by mailing a check or money order to PA SCDU at PO BOX 69110, Harrisburg, PA 17106, or in person at MoneyGram locations. Additionally, some county Domestic Relations Sections may accept walk-in payments at their discretion. Walk-in payment availability varies by county and is not guaranteed statewide. |
| 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 the first pay period that occurs 14 days after the income withholding order is mailed, served, or received. |
| 11. When must an employer remit amounts withheld from an employee's pay? |
|
Within 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, and local income taxes; unemployment compensation taxes; Local Services Tax (LST); FICA, non-voluntary retirement contributions; mandatory union dues; and alimony paid to the other party (Pa.R.Civ.P. 1910.16-2).
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-2.html |
| 13. What is your state's priority for withholdings? |
|
The priority for withholding is described in 23 Pa.C.S. § 4348. |
| 14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
|
Yes, Pennsylvania law adopts the federal CCPA income withholding limits. Under 23 Pa.C.S. § 4348(g), the amount withheld from an obligor’s income may not exceed the maximum limits established by the Consumer Credit Protection Act. |
| 15. What are the withholding limits for non-employees? |
|
Under 23 Pa.C.S. § 4348(g), the amount withheld from an obligor’s income may not exceed the maximum limits established by the Consumer Credit Protection Act.
For Additional Information:
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043.048.000..HTM
|
| 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).) |
|
Payments are prorated among the cases based on the amount due for each order. |
| 17. When does your state require employers to send notice of an employee's termination? |
|
No specific state provision; employers are required to send termination notices promptly in accordance with federal requirements. |
| 18. How long should an employer retain the order after the employee's termination? |
|
There is no law or policy governing retention of the order. |
| 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)) |
|
Employers may charge a one-time administrative fee of up to $50 for processing an income withholding order (IWO), as authorized by 23 Pa.C.S. § 4348(j). |
| 20. Provide your state's statutory citation. |
|
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl= |
| 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.) |
|
Pennsylvania does not have a specific definition for “lump sum” or “bonus,” but 23 Pa.C.S. § 4302 defines “income” broadly to include wages, salaries, bonuses, commissions, and other lump sum payments.
Title 23 Chapter 43 Section 2 - The Official Website of the Pennsylvania General Assembly
|
| 22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
Yes. Under Pa.R.Civ.P. 1910.21(c), income withholding orders must include a provision directing that no severance pay, workers’ compensation commutation or compromise, or similar lump sum payment may be made to the obligor until the withholding order is dissolved by further court order. Employers should contact the PA Bureau of Child Support Enforcement (BCSE) before releasing such payments, including bonuses or other one-time payments.
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.21.html&d=reduce |
| 23. Does your state have a threshold amount for a lump sum to be reported? |
|
No, there is no threshold. |
| 24. Does your state citation or rule provide how long the employer must hold the lump sum? |
|
No; PA law does not specify a time limit, but employers must contact the PA BCSE and hold the lump sum payment until further instruction is received. |
| 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 in different ways depending on the type of payment and the procedures of the individual county courts. Employer-related payments like bonuses may be handled with the standard IWO, while others, like workers’ compensation, may require a separate court order, lien, or other legal process. |
| 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. Pennsylvania follows the federal CCPA limits for withholding. |
| 28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
|
Yes. Even if the lump sum does not meet the definition of “earnings” under the CCPA, Pennsylvania generally applies the same withholding limits as outlined in the original IWO and will not exceed the CCPA percentages unless directed by the court. |
| 29. What is your state's Medical Support Statute? |
|
Pa.R.Civ.P. 1910.16-6(b) and (c); 23 Pa.C.S. § 4324; 23 Pa.C.S. § 4326. |
| 30. What is your state's Reasonable Cost Definition? |
|
23 Pa.C.S. § 4326 (l) defines “reasonable cost” as the “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.).”
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=26&subsctn=0 |
| 31. What is the Health Coverage Expense? |
|
Health coverage expense refers to the cost of health insurance premiums paid by either party in a support case. Per Pa.R.Civ.P. 1910.16-6(b), these premiums are allocated between the parties based on their respective incomes, provided there is a statutory duty of support owed to the person covered by the insurance.
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-6.html&d=reduce |
| 32. What is the Income Withholding Limits for Support? |
|
Pennsylvania follows the CCPA guidelines, which limit income withholding to 50% to 65% of disposable income, depending on the obligor’s family situation and payment history. 23 Pa.C.S. § 4348(g).
https://www.palegis.us/statutes/consolidated/view-statute?
For Additional Information:
txtType=HTM&ttl=23&div=0&chapter=43§ion=48&subsctn=0 |
| 33. What is the Priority of Withholding? |
|
Priority of withholding is found at 23 Pa. C.S. 4348 (q) Priority of attachment.--An order of attachment for support shall have priority over any attachment, execution, garnishment or wage assignment. The Supreme Court shall by general rule provide for priorities for withholding and allocating income withheld for multiple child support obligees received by an employer for the same obligor under this section and Chapter 75 (relating to direct enforcement of order of another state without registration).
Section 4348.0 - Title 23 - DOMESTIC RELATIONS |
| 34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
|
If the obligor cannot provide health coverage at a ‘reasonable cost’, the court may order the obligee to provide coverage or require one or both parties to apply for government-sponsored health insurance for the child. (23 Pa.C.S. § 4326 (c) and (d)).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=26&subsctn=0 |
| 35. According to 45 CFR §303.32(a), what are your state options? |
|
PA exercises the option to order custodial parents to provide medical support through their employer sponsored program as part of the provisions for requiring child medical support, as provided in 23 Pa.C.S. § 4326 (a-d).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=26&subsctn=0 |
| 36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
|
If the employee contests the NMSN, the Domestic Relations Section will schedule a hearing before the trier of fact under Pa.R.Civ.P. 1910.16-6(b) and (c), which governs medical support enforcement. Valid reasons to contest include unreasonable cost, mistake of fact or availability of alternative health care coverage.
For Additional Information:
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1910/s1910.16-6.html&d=reduce |
| 37. What is the reporting timeframe (non-magnetic media only)? |
|
Employers must report all newly hired or rehired employees within 20 days of the hire date. (23 Pa.C.S. § 4392(d)).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=92&subsctn=0
|
| 38. What are the required data elements? |
|
Employee’s name, home address, Social Security number, and date of hire along with the employer's name, address, Federal Employer Identification Number (FEIN), and the name and telephone number of an employer contact. (23 Pa.C.S. § 4392(b)).
For Additional Information:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=43§ion=92&subsctn=0 |
| 39. What are the methods of transmission? |
|
Employers may report new hires using the PA CareerLink website (via file upload or manual data entry), secure file transfer (SFTP), mail, or fax. All reports must be submitted using the Commonwealth-approved New Hire Reporting Form, available on the PA CareerLink website.
For Additional Information:
https://www.pacareerlink.pa.gov/jponline/Common/LandingPage/ReportNewHires |
| 40. Does your state require independent contractor reporting? |
|
No. |
