2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4302 - Definitions.

     § 4302.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Consumer reporting agency."  As defined in section 630(f) of
     the Federal Fair Credit Reporting Act (Public Law 91-508, 15
     U.S.C. § 1681a(f)).
        "Department."  The Department of Public Welfare of the
     Commonwealth.
        "Employer."  Includes an individual, partnership,
     association, corporation, trust, Federal agency, Commonwealth
     agency or political subdivision paying or obligated to pay
     income.
        "Genetic tests."  Includes any blood or tissue testing
     processes used to confirm or exclude parentage.
        "Government agency."  Any agency of the Commonwealth,
     including departments, boards, commissions, authorities, any
     political subdivisions or agency of such political subdivision
     or local or municipal authority or other local government unit
     or any court or related agency.
        "Income."  Includes compensation for services, including, but
     not limited to, wages, salaries, bonuses, fees, compensation in
     kind, commissions and similar items; income derived from
     business; gains derived from dealings in property; interest;
     rents; royalties; dividends; annuities; income from life
     insurance and endowment contracts; all forms of retirement;
     pensions; income from discharge of indebtedness; distributive
     share of partnership gross income; income in respect of a
     decedent; income from an interest in an estate or trust;
     military retirement benefits; railroad employment retirement
     benefits; social security benefits; temporary and permanent
     disability benefits; workers' compensation; unemployment
     compensation; other entitlements to money or lump sum awards,
     without regard to source, including lottery winnings; income tax
     refunds; insurance compensation or settlements; awards or
     verdicts; and any form of payment due to and collectible by an
     individual regardless of source.
        "Judgment by operation of law."  A judgment which exists
     without the need for any ministerial act and which arises out of
     the existence of facts readily verifiable from the domestic
     relations section's records. The existence of a valid support
     order and nonpayment of the order, together, create the
     judgment.
        "Labor organization."  The term shall have the meaning given
     the term in section 2(5) of the National Labor Relations Act (49
     Stat. 449, 29 U.S.C. § 151 et seq.) and shall include an entity
     used by the organization and an employer to carry out
     requirements of an agreement between the organization and the
     employer as set forth in section 8(f)(3) of the National Labor
     Relations Act.
        "Net income."  Gross income minus taxes and any other
     deductions mandated by the employer as a condition of
     employment.
        "Obligee."  The term shall have the meaning given in section
     7101(b) (relating to short title of part and definitions).
        "Obligor."  The term shall have the meaning given in section
     7101(b) (relating to short title of part and definitions).
        "Order of support."  Includes assistance imposed or imposable
     by law or by any court order or by an agency administering a
     State Title IV-D program, whether temporary, final or subject to
     modification and whether incidental to a proceeding for divorce,
     separate maintenance, action for failure to support a child born
     out of wedlock or otherwise. The term includes an order for the
     support and maintenance of a child, including a child who has
     attained the age of majority, or for the parent with whom the
     child is living which provides for monetary support, health
     care, arrearages or reimbursement and which may include related
     costs and fees, interest and penalties, income withholding,
     attorneys' fees and other relief.
        "Overdue support."  Support which is delinquent under a
     payment schedule established by the court.
        "Past due support."  Support included in an order of support
     which has not been paid.
        "State disbursement unit."  The organizational unit
     established within the Department of Public Welfare responsible
     for collecting and disbursing support as provided in section
     4374 (relating to State disbursement unit).
        "Support."  Care, maintenance and financial assistance.
     (Mar. 25, 1988, P.L.296, No.35, eff. imd.; July 2, 1993,
     P.L.431, No.62, eff. imd.; Apr. 4, 1996, P.L.58, No.20, eff.
     imd.; Oct. 16, 1996, P.L.706, No.124, eff. 60 days; Dec. 16,
     1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 15, 1998, P.L.963,
     No.127, eff. imd.)

        1998 Amendment.  Act 127 added the defs. of "overdue support"
     and "past due support." Act 127 of 1998 was suspended by
     Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended
     May 31, 2000, insofar as it is inconsistent with Rule No.1910.20
     relating to the availability of remedies for collection of past
     due and overdue support.
        1997 Amendment.  Act 58 amended the defs. of "income" and
     "order of support" and added the defs. of "department,"
     "obligee," "obligor" and "State disbursement unit." Act 58 of
     1997 was suspended by Pennsylvania Rule of Civil Procedure No.
     1910.50(3), as amended May 31, 2000, insofar as it is
     inconsistent with Rule No.1910.20 relating to the availability
     of remedies for collection of past due and overdue support.
        1996 Amendments.  Act 20 added the def. of "consumer
     reporting agency" and Act 124 amended the def. of "income" and
     added the defs. of "government agency" and "labor organization."
        1993 Amendment.  Act 62 added the def. of "genetic tests."
        1988 Amendment.  Act 35 added the def. of "judgment by
     operation of law."
        Cross References.  Section 4302 is referred to in sections
     4308.1, 7501 of this title; sections 8102, 8533.1 of Title 24
     (Education); sections 5102, 5953.1 of Title 71 (State
     Government).