2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4305 - General administration of support matters.

     § 4305.  General administration of support matters.
        (a)  Powers and duties.--Subject to any inconsistent general
     rules and to the supervision and direction of the court, the
     domestic relations section shall have the power and duty to:
            (1)  Process all complaints received under Parts VIII
        (relating to uniform interstate family support) and VIII-A
        (relating to intrastate family support).
            (2)  Make such investigation as may be necessary.
            (3)  Take charge of any obligor before or after hearing,
        as may be directed by the court.
            (4)  Collect and pay over to the persons entitled thereto
        moneys received pursuant to support proceedings.
            (5)  Keep a full and complete record of all support
        proceedings, including orders of the court.
            (6)  Keep account of all payments made under order of
        court and promptly bring to the attention of the court and
        the district attorney any default in compliance with any
        order of court.
            (6.1)  In the case of a dispute as to the amount of an
        order of support proposed by the domestic relations section,
        issue a temporary order of support pending judicial
        determination. A temporary order of support under this
        paragraph may not be for less than the full amount of the
        proposed order of support being disputed.
            (7)  Make effective the orders of support entered.
            (8)  Furnish the court with such information and
        assistance as it may require and generally perform such
        services as it may direct relating to support proceedings.
            (9)  Inform both parties to a support action that
        guidelines as specified in section 4322 (relating to support
        guidelines) are available in the domestic relations section.
            (10)  Implement safeguards applicable to all confidential
        information received by the domestic relations section in
        order to protect the privacy rights of the parties,
        including:
                (i)  safeguards against unauthorized use or
            disclosure of information relating to proceedings or
            actions to establish paternity or to establish, modify or
            enforce support or to make or enforce a child custody
            determination;
                (ii)  prohibitions against the release of information
            on the whereabouts of one party or the child to another
            party against whom a protective order with respect to the
            former party or the child has been entered; and
                (iii)  prohibitions against the release of
            information on the whereabouts of one party or the child
            to another person if the domestic relations section has
            reason to believe that the release of the information may
            result in physical or emotional harm to the party or the
            child.
            (11)  Initiate judicial proceedings to void a fraudulent
        transfer or obtain a settlement from the transferee in the
        best interests of the child support obligee.
        (b)  Additional powers.--Subject to the supervision and
     direction of the court but without the need for prior judicial
     order, the domestic relations section shall have the power to
     expedite the establishment and enforcement of support to:
            (1)  Order genetic testing for the purpose of paternity
        establishment pursuant to section 4343 (relating to
        paternity).
            (2)  Issue subpoenas against any entity within this
        Commonwealth, including for-profit, not-for-profit and
        governmental employers, to require production of information
        regarding the employment, compensation and benefits of any
        individual employed by the entity as an employee or
        contractor.
            (3)  Access records of all State and local government
        agencies, including the following:
                (i)  vital statistic records, including records of
            marriage, birth and divorce;
                (ii)  State and local tax and revenue records,
            including information on residence address, employer,
            income and assets;
                (iii)  records of real and titled personal property;
                (iv)  records of occupational and professional
            licenses;
                (v)  records of the ownership and control of
            corporations, partnerships and other business entities;
                (vi)  employment security records;
                (vii)  records of agencies administering public
            assistance programs;
                (viii)  motor vehicle registration and operator
            licensing records;
                (ix)  probation and parole records; and
                (x)  corrections records.
            (4)  Issue subpoenas for the records of public utilities
        and cable television companies with respect to individuals
        who are owed support or against whom or with respect to whom
        a support obligation is sought, consisting of the names and
        addresses of the individuals or of their employers.
            (5)  Issue subpoenas for the records held by financial
        institutions with respect to individuals who are owed support
        or against whom or with respect to whom a support obligation
        is sought.
            (6)  Issue subpoenas for financial or other information
        needed to establish, modify or enforce a support order.
            (7)  Issue orders directing an obligor or other payor to
        change the payee of a support order.
            (8)  Order income withholding pursuant to section 4348
        (relating to attachment of income).
            (9)  Increase the amount of monthly support payments for
        the payment of arrearages as may be provided by general rule
        or previous court order.
            (10)  Issue orders in cases where there is a support
        arrearage to secure assets to satisfy current support
        obligation and the arrearage by:
                (i)  Intercepting or seizing periodic or lump sum
            payments from a government agency, including unemployment
            compensation, workers' compensation and other benefits.
                (ii)  Intercepting or seizing judgments or
            settlements.
                (iii)  Attaching and seizing assets of the obligor
            held in financial institutions.
                (iv)  Attaching public and private retirement funds.
                (v)  Imposing liens on property.
                (vi)  Directing the sheriff to levy and sell other
            real or personal property.
            (11)  Transmit to another state a request for assistance
        in a case involving the enforcement of a support order and
        sufficient information to enable the state to which the
        request is transmitted to compare the information to the
        information in the data bases of the state. The transmittal
        shall serve as a certification of arrears and a certification
        that the state has complied with all procedural due process
        requirements applicable to the case.
            (12)  Respond to a request for assistance received from
        another state. The response shall confirm the receipt of the
        request, the action taken and the amount of support collected
        and specify any additional information or action required of
        the requesting tribunal to obtain enforcement of the child
        support obligation.
        (c)  Civil penalty.--In addition to initiating contempt
     proceedings, the domestic relations section may assess a civil
     administrative penalty of up to $1,000 per violation upon any
     person or entity which fails to comply with a subpoena or
     request for information under subsection (b)(2).
        (d)  Due process and judicial review procedures.--Subject to
     general rules which may be promulgated by the Supreme Court,
     each court shall establish due process and judicial review
     procedures for domestic relations sections exercising powers
     under this section.
        (e)  Transmission of information.--All information
     transmitted to this Commonwealth from another state for purposes
     of establishing or enforcing an order of support under this
     chapter may be transmitted electronically or by other methods.
     (Mar. 25, 1988, P.L.296, No.35, eff. imd.; Dec. 16, 1997,
     P.L.549, No.58, eff. Jan. 1, 1998)

        1997 Amendment.  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.