2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4352 - Continuing jurisdiction over support orders.

     § 4352.  Continuing jurisdiction over support orders.
        (a)  General rule.--The court making an order of support
     shall at all times maintain jurisdiction of the matter for the
     purpose of enforcement of the order and for the purpose of
     increasing, decreasing, modifying or rescinding the order unless
     otherwise provided by Part VIII (relating to uniform interstate
     family support) or VIII-A (relating to intrastate family
     support) without limiting the right of the obligee, or the
     department if it has an assignment or other interest, to
     institute additional proceedings for support in any county in
     which the obligor resides or in which property of the obligor is
     situated. The Supreme Court shall by general rule establish
     procedures by which each interested party shall be notified of
     all proceedings in which support obligations might be
     established or modified and shall receive a copy of any order
     issued in a case within 14 days after issuance of such order. A
     petition for modification of a support order may be filed at any
     time and shall be granted if the requesting party demonstrates a
     substantial change in circumstances.
        (a.1)  Automatic review.--Upon request of either parent, or
     automatically if there is an assignment under Title IV-A of the
     Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.),
     each order of support shall be reviewed at least once every
     three years from the date of establishment or the most recent
     review. The review shall be for the purpose of making any
     appropriate increase, decrease, modification or rescission of
     the order. During the review, taking into the account the best
     interest of the child involved, the court shall adjust the
     order, without requiring proof of a change in circumstances, by
     applying the Statewide guidelines or a cost-of-living adjustment
     in accordance with a formula developed by general rule.
     Automated methods, including automated matches with wage or
     State income tax data, may be used to identify the support
     orders eligible for review and implement appropriate
     adjustments.
        (a.2)  Effect of incarceration.--Incarceration, except
     incarceration for nonpayment of support, shall constitute a
     material and substantial change in circumstance that may warrant
     modification or termination of an order of support where the
     obligor lacks verifiable income or assets sufficient to enforce
     and collect amounts due.
        (b)  Notice.--Each party subject to an automatic child
     support review shall receive:
            (1)  thirty days' advance notice of the right of such
        party to request a review and adjustment of the order, except
        when the adjustment results from a cost-of-living adjustment
        or other automated adjustment;
            (2)  a copy of any order establishing, modifying or
        rescinding a child support obligation or, in the case of a
        denied petition for modification, a notice of determination
        that there should be no change in the amount of the child
        support order, within 14 days after issuance of such order or
        determination; and
            (3)  a 30-day period from the date of the notice of a
        cost-of-living adjustment or other automated adjustment to
        request an individual review and adjustment in accordance
        with the Statewide guideline.
        (c)  Transfer of action.--Where neither party to the action
     resides or is employed in the county wherein the support action
     was filed, the court may transfer the matter to any county
     wherein either party resides or where the defendant is regularly
     employed. If one of the parties resides outside of this
     Commonwealth, the action may be transferred to the county of
     residence or employment of the other party.
        (d)  Arrears as judgments.--On and after the date it is due,
     each and every support obligation shall constitute a judgment
     against the obligor by operation of law, with the full force,
     effect and attributes of a judgment of court, including the
     ability to be enforced, and shall be entitled as a judgment to
     full faith and credit in this or any other state. Overdue
     support obligations of this or any other state which are on
     record at the county domestic relations section shall constitute
     a lien by operation of law against all real property owned by
     the obligor within the county as provided in subsection (d.1).
     The department shall develop and implement a system for
     providing notice to the public of liens arising out of overdue
     support obligations. The system and its procedures shall ensure
     convenient access to lien information and shall address hours of
     access by the business community and the general public and
     access via modem or automated means. Thirty days after
     publication of notice in the Pennsylvania Bulletin that the
     system has been established, any lien on record shall constitute
     a lien against any real property in this Commonwealth owned by
     the obligor and shall also have the effect of a fully perfected
     security interest in personal property owned by the obligor in
     which a security interest can arise. The department shall
     consult with the Department of Transportation in the development
     of this system to enforce compliance with this subsection as it
     applies to liens on motor vehicles. The Supreme Court shall by
     general rule establish procedures for the recording of liens of
     other states at the county domestic relations section and for
     the enforcement of liens arising from overdue support without
     prior judicial notice or hearing. A bona fide good faith
     purchaser of personal property for value which is subject to a
     lien under this subsection acquires all title which the
     transferor had or had the power to transfer pursuant to 13
     Pa.C.S. Ch. 24 (relating to title, creditors and good faith
     purchasers), and the obligee shall have all rights against such
     property which would be preserved to a fully perfected secured
     creditor under 13 Pa.C.S. Div. 9 (relating to secured
     transactions; sales of accounts, contract rights and chattel
     paper). The obligation for payment of arrears or overdue support
     shall terminate by operation of law when all arrears or overdue
     support has been paid.
        (d.1)  Real property liens.--
            (1)  Overdue support shall be a lien on real estate
        within the county in which the overdue support is on record
        at the county domestic relations section if:
                (i)  the underlying support action is pending in the
            county domestic relations section or is being enforced by
            the county domestic relations section;
                (ii)  notice of the existence of the support action
            is available to the public through a docket book or
            automated means; and
                (iii)  the county domestic relations section is able
            to determine the amount of overdue support by reference
            to its records and is able to provide the amount of the
            overdue support upon request.
            (2)  The priority and amount of a lien for overdue
        support shall be determined as follows:
                (i)  The date of the lien for purposes of determining
            priority shall be determined separately for each unpaid
            overdue support payment. The date shall be the later of:
                    (A)  the date the obligor obtains a real property
                interest which may be subject to a lien;
                    (B)  the date the overdue support becomes a lien
                under paragraph (1); or
                    (C)  January 1, 1998.
                (ii)  The amount of the lien on any date shall be the
            amount of overdue support shown on that date in the
            records of the domestic relations section.
            (3)  Upon request of any person, the domestic relations
        section shall issue a written certification of the amount of
        overdue support owed by an individual as of the date of the
        certification and shall note on the docket the date of
        certification and the amount certified. The interests of any
        purchaser of real estate for value, mortgagee or other lienor
        that in good faith purchases the real estate or lends money
        on the security of the real estate and that records, within
        30 days before or 60 days after the date of issuance of a
        certificate under this paragraph, a deed, mortgage or other
        encumbrance against the real estate shall not be subject to
        any lien for overdue support in excess of the amount shown on
        the certification.
            (4)  The amount of overdue support owed by an obligor and
        the name of the obligor shall be public information and shall
        be deemed a public record subject to the act of June 21, 1957
        (P.L.390, No.212), referred to as the Right-to-Know Law.
            (5)  A lien arising from overdue support:
                (i)  shall automatically attach to after-acquired
            property owned by the obligor;
                (ii)  shall retain its priority without renewal or
            revival;
                (iii)  shall continue to encumber the property upon
            sale or other transfer;
                (iv)  shall not be divested upon a judicial sale or
            execution by a person with a lien with less priority;
                (v)  shall not attach to the interest of any other
            co-owner in the property;
                (vi)  shall expire 20 years after the due date of the
            last unsatisfied overdue support payment; and
                (vii)  may be released by the court as against
            abandoned or distressed real property at the request of a
            governmental unit in order to facilitate the property's
            sale and rehabilitation.
            (6)  The domestic relations section:
                (i)  shall satisfy the lien promptly upon payment but
            no later than 60 days following receipt of the payment;
                (ii)  may charge a fee not to exceed the lesser of
            its estimated cost of producing the report or $20 for the
            issuance of a lien certification or other written report
            of the overdue support obligations of an obligor;
                (iii)  shall provide to the prothonotary of the
            county the identity of obligors and amount of overdue
            support to be used to make the information available to
            the public. The information shall be updated at least
            monthly and shall be provided by a paper listing,
            diskette or any other electronic means until the
            Statewide system under subsection (d) is implemented; and
                (iv)  shall transmit at least every 60 days to credit
            bureaus directly or through the department reports and
            updates regarding the liens for overdue support.
            (7)  The domestic relations section or employees thereof
        shall not be liable for errors in the certification of
        amounts of overdue support or satisfaction of liens for
        overdue support except as provided in 42 Pa.C.S. § 8550
        (relating to willful misconduct).
            (8)  Support may cease to be overdue if a revised payment
        schedule is established by the court, but any lien which has
        previously arisen against real estate shall remain in effect
        until paid or divested.
            (9)  Notwithstanding paragraphs (2) and (3), the
        interests of any person who recorded a deed, mortgage or
        other instrument creating an interest in or lien against real
        estate on or after January 1, 1998, and before the effective
        date of this subsection shall not be subject to a lien for
        any overdue support accruing on or after the date the deed,
        mortgage or other instrument creating the interest or lien
        was recorded.
        (e)  Retroactive modification of arrears.--No court shall
     modify or remit any support obligation, on or after the date it
     is due, except with respect to any period during which there is
     pending a petition for modification. If a petition for
     modification was filed, modification may be applied to the
     period beginning on the date that notice of such petition was
     given, either directly or through the appropriate agent, to the
     obligee or, where the obligee was the petitioner, to the
     obligor. However, modification may be applied to an earlier
     period if the petitioner was precluded from filing a petition
     for modification by reason of a significant physical or mental
     disability, misrepresentation of another party or other
     compelling reason and if the petitioner, when no longer
     precluded, promptly filed a petition. In the case of an
     emancipated child, arrears shall not accrue from and after the
     date of the emancipation of the child for whose support the
     payment is made.
        (f)  Foreign support orders.--(Deleted by amendment).
        (g)  Notice to obligors and obligees.--The domestic relations
     section shall mail notice to obligors and obligees of existing
     orders informing them that such orders may attain the status of
     a judgment by operation of law. The notice shall explain the
     nature of a judgment by operation of law and its effect.
     Further, the notice shall advise each party to a support
     proceeding of the party's duty to advise the domestic relations
     section of material changes in circumstance and of the necessity
     to promptly request a modification as soon as circumstances
     change.
        (g.1)  Nondisclosure of certain information.--If the court
     finds in an ex parte or other proceeding or if an existing order
     provides that the health, safety or liberty of a party or child
     would be unreasonably put at risk by the disclosure of
     identifying information, the court shall order that the address
     of the child or party or other identifying information not be
     disclosed in a pleading or other document filed in a proceeding
     under this part. Any court order under this subsection must be
     docketed in the domestic relations section.
        (g.2)  Work activities.--If an obligor owes overdue support
     with respect to any child receiving cash or medical assistance,
     the court shall upon motion of the department or domestic
     relations section order that overdue support be paid in
     accordance with a plan approved by the court or that the obligor
     participate in work activities approved by the department. Work
     activities include:
            (1)  Subsidized or unsubsidized public or private sector
        employment.
            (2)  Work experience programs.
            (3)  Work training programs.
            (4)  Community service programs.
            (5)  Job search requirements.
            (6)  Job readiness programs.
            (7)  Education directly related to employment.
            (8)  Attendance at secondary school.
            (9)  For a person who has not graduated high school,
        study leading to a high school diploma or equivalent.
        (g.3)  Fraudulent transfers.--The court may void any
     fraudulent transfer by the obligor pursuant to 12 Pa.C.S. Ch. 51
     (relating to fraudulent transfers). It shall be a rebuttable
     presumption that a transfer by an obligor is fraudulent as to an
     obligee if the transfer was made for less than reasonably
     equivalent value and the transfer occurred after the initiation
     of a proceeding to establish or enforce support.
        (h)  Applicability.--This section applies to all support
     orders whether entered under this chapter or any other statute.
     (Mar. 25, 1988, P.L.296, No.35, eff. imd.; Dec. 20, 1989,
     P.L.654, No.81, eff. imd.; Apr. 4, 1996, P.L.58, No.20, eff.
     imd.; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 15,
     1998, P.L.963, No.127, eff. imd.; May 13, 2008, P.L.144, No.16,
     eff. imd.)

        2008 Amendment.  Act 16 amended subsec. (a.1) and added
     subsec. (a.2), retroactive to March 31, 2008.
        1998 Amendment.  Act 127 amended subsec. (d) and added
     subsec. (d.1). Section 15 of Act 127 provided that nothing in
     Act 127 shall impair the priority or validity of any lien
     recorded prior to the effective date of Act 127. 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 subsecs. (a), (b) and (d) and
     added subsecs. (a.1), (g.1), (g.2) and (g.3). 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 Amendment.  Act 20 amended subsec. (a) and deleted
     subsec. (f).
        Suspension by Court Rule.  Section 4352(d) was suspended by
     Pennsylvania Rule of Civil Procedure No. 1910.50(5), as amended
     May 31, 2000, insofar as it is inconsistent with Rule 1910.22
     providing that overdue support on public record at the domestic
     relations section constitutes a lien of record against all real
     property within the state of Pennsylvania which is owned by the
     obligor.
        Section 4352(d.1) was suspended by Pennsylvania Rule of Civil
     Procedure No. 1910.50(6), as amended May 31, 2000, only insofar
     as subsection (d.1)(1) provides that the underlying support
     action shall either be pending at the county domestic relations
     section or shall be enforced by the county domestic relations
     section in order for a lien to arise to arise against real
     property located in that county.
        References in Text.  Division 9 of Title 13, referred to in
     subsec. (d), was repealed and added by the act of June 8, 2001
     (P.L.123, No.18). Present Division 9 relates to secured
     transactions.
        The act of June 21, 1957 (P.L.390, No.212), referred to as
     the Right-to-Know Law, referred to in subsec. (d.1)(4), was
     repealed by the act of February 14, 2008 (P.L.6, No.3), known as
     the Right-to-Know Law.