2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4308 - Lottery winnings intercept.

     § 4308.  Lottery winnings intercept.
        (a)  Duty of Department of Revenue.--In the case of any
     person winning more than $2,500 in the Pennsylvania State
     Lottery, the Department of Revenue shall request the department
     to make all reasonable efforts to determine if the winner is a
     delinquent support obligor prior to making any lottery winnings
     payment. If the winner is so found, the amount of any arrearages
     shall be deducted from the amount of lottery winnings and paid
     to the obligee in the manner provided in this title for the
     administration of support payments.
        (b)  Duties of department.--The department shall:
            (1)  Cause a search to be made periodically of the
        following:
                (i)  Its records relative to the Title IV-D Program.
                (ii)  Any information received from county domestic
            relations offices relative to arrearages of court-ordered
            child support.
                (iii)  Any information received from states with
            reciprocal enforcement of child support relative to
            arrearages of court-ordered child support.
            (2)  Furnish the Department of Revenue with the following
        information:
                (i)  The department identifier.
                (ii)  The obligor's full name and Social Security
            number.
                (iii)  The amount of the arrearage and the identifier
            of the court order which underlies it.
            (3)  Request the Department of Revenue to withhold from a
        lottery prizewinner the amount of any arrearage discovered
        pursuant to the provisions of paragraph (1).
            (4)  Request the Department of Revenue to pay over,
        whether in a lump sum or by installment, to the department
        that part of the prize which satisfies this arrearage and:
                (i)  Deduct from the amount received from the
            Department of Revenue any amount assigned to the
            department.
                (ii)  Pay over to the domestic relations section for
            distribution to the obligee of the child support court
            order the amount of prizewinnings which satisfies the
            arrearage owed to the obligee. This payment shall be made
            within 30 days of the date when the winnings are
            withheld.
            (5)  May, if prizewinnings are insufficient to satisfy
        the arrearages owed under the child support order, proceed as
        follows:
                (i)  It may collect as provided by law.
                (ii)  It may reinitiate the procedures set forth in
            this section if the obligor wins a subsequent lottery
            prize.
            (6)  Determine and set a fee which reflects the actual
        costs it and the Department of Revenue incur to administer
        this section, submit this calculation to the Department of
        Revenue for its approval, request the Department of Revenue
        to deduct the calculated amount from the amount to be paid to
        the prizewinner after the prizewinner's child support
        obligation has been fully satisfied and request that the
        deducted amount be divided between both departments based on
        the administrative expenses incurred by each.
            (7)  Within 30 days of the date the prize was won:
                (i)  Award the prizewinner the lottery prize winnings
            in whole or in part.
                (ii)  If applicable, notify the prizewinner that the
            prize or a portion thereof was used to satisfy arrearages
            owed for court-ordered child support.
        (c)  Notice.--The domestic relations section shall send a
     one-time notice to all obligors of existing orders informing
     them that arrearages may be intercepted as provided by this
     section.
        (d)  Right to review.--A lottery prizewinner whose prize is
     used to satisfy an obligation under this section may appeal to
     the department in accordance with 2 Pa.C.S. (relating to
     administrative law and procedure). The appeal shall be filed
     within 30 days after the prizewinner is notified by the
     Department of Revenue that the prize has been reduced or totally
     withheld to satisfy the prizewinner's outstanding arrearages for
     child support and related obligations.
        (e)  Rules and regulations.--The Department of Revenue and
     the department shall, in the manner provided by law, jointly
     promulgate the rules and regulations necessary to carry out this
     section.
     (July 9, 1992, P.L.400, No.87, eff. 60 days; Dec. 16, 1997,
     P.L.549, No.58, eff. Jan. 1, 1998)

        1997 Amendment.  Act 58 amended subsecs. (a), (b) heading and
     intro. par., (2)(i) and (4) intro. par. and (i), (d) and (e).
     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.
        1992 Amendment.  Act 87 added section 4308.