2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4354 - Willful failure to pay support order.

     § 4354.  Willful failure to pay support order.
        (a)  Offense defined.--An individual who willfully fails to
     comply with a support order of a court of this Commonwealth when
     the individual has the financial ability to comply with the
     support order commits an offense.
        (b)  Application.--This section applies to all support cases,
     whether civil or criminal and whether the defendant is married,
     unmarried, separated or divorced.
        (c)  Jurisdiction.--Exclusive original jurisdiction of a
     proceeding under this section is vested in the courts of common
     pleas of this Commonwealth.
        (d)  Grading.--
            (1)  Except as otherwise provided for in paragraph (2),
        an offense under this section shall constitute a summary
        offense.
            (2)  An offense shall be graded a misdemeanor of the
        third degree if the individual convicted of the offense
        established residence outside this Commonwealth with the
        intention of not complying with the support order and either
        of the following apply:
                (i)  the offense is a second or subsequent offense
            under this section; or
                (ii)  the individual owes support in an amount equal
            to or greater than 12 months of the monthly support
            obligation.
        (e)  Costs and expenses to be borne by individual.--An
     individual convicted of an offense under this section who is
     apprehended outside this Commonwealth shall, in addition to any
     other sentence imposed, be sentenced to pay the costs and
     expenses of rendition.
     (Mar. 25, 1988, P.L.296, No.35, eff. imd.; Oct. 9, 2008,
     P.L.1384, No.104, eff. 60 days)