2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4378 - Assistance recipients to seek support.

     § 4378.  Assistance recipients to seek support.
        (a)  Seeking support required.--Prior to authorization, every
     applicant for assistance whose circumstances include the
     reported absence of a legally responsible relative from the
     household or the presence of a putative father shall appear
     before the domestic relations section or other applicable
     division of the court of common pleas. Upon the request of a
     family court or domestic relations section, the secretary is
     authorized to waive the requirement of personal appearance
     before a family court or domestic relations section if another
     procedure would be as efficient and effective. Subject to
     Federal approval, only when necessary, assistance shall not be
     authorized by the department until it has been certified that
     the applicant has cooperated in determining paternity and
     enforcing support.
        (b)  Assignment.--Acceptance of assistance shall operate as
     an assignment to the department, by operation of law, of the
     assistance recipient's rights to receive support on his or her
     own behalf and on behalf of any family member with respect to
     whom the recipient is receiving assistance. Such assignment
     shall be effective only up to the amount of assistance received
     during the period that a family receives assistance. The
     assignment shall exclude arrears that accrued prior to receipt
     of assistance. The assignment shall take effect at the time that
     the recipient is determined to be eligible for assistance. Upon
     termination of assistance payments, the assignment of support
     rights shall terminate, provided that any amount of unpaid
     support obligations shall continue as an obligation to and
     collectible by the department to the extent of any unreimbursed
     assistance consistent with Federal law. Immediately upon receipt
     of notification from the department that a recipient has been
     determined to be eligible for assistance, the clerks of the
     appropriate courts of the Commonwealth shall transmit any and
     all support payments that they thereafter receive on behalf of
     such assistance recipients to the department. Such clerks shall
     continue transmitting such support payments until notified by
     the department that it is no longer necessary to do so. While
     the recipient is receiving assistance, any such support payments
     made to or on behalf of the assistance recipient shall be
     allocated to any amount due the department as assignee of the
     recipient's support rights consistent with Federal law. The
     assistance recipient shall be deemed to have appointed the
     department as his attorney-in-fact to endorse over to the
     department any and all drafts, checks, money orders or other
     negotiable instruments submitted for payment of support due
     during the time the recipient is receiving assistance on behalf
     of himself, herself or any family member.
        (c)  Standing.--An applicant or recipient shall have standing
     to commence an action to obtain support for any child with
     respect to whom the applicant or recipient claims assistance.
     (May 13, 2008, P.L.144, No.16, eff. Oct. 1, 2009)

        2008 Amendment.  Act 16 amended subsec. (b).