2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 75 - Direct Enforcement of Order of Another State Without Registration
Without Registration -


                                CHAPTER 75
                      DIRECT ENFORCEMENT OF ORDER OF
                    ANOTHER STATE WITHOUT REGISTRATION

     Sec.
     7501.  Employer's receipt of income-withholding order of
            another state.
     7501.1. Employer's compliance with income-withholding order of
            another state.
     7501.2. Compliance with multiple income-withholding orders.
     7501.3. Immunity from civil liability.
     7501.4. Penalties for noncompliance.
     7501.5. Contest by obligor.
     7502.  Administrative enforcement of orders.

        Enactment.  Chapter 75 was added April 4, 1996, P.L.58,
     No.20, effective immediately.
        Cross References.  Chapter 75 is referred to in sections
     4348, 7202, 7301, 7613 of this title.
     § 7501.  Employer's receipt of income-withholding order of
                another state.
        An income-withholding order issued in another state may be
     sent to the person or entity defined as the obligor's employer
     under section 4302 (relating to definitions) without first
     filing a petition or comparable pleading or registering the
     order with a tribunal of this State.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
     § 7501.1.  Employer's compliance with income-withholding order
                of another state.
        (a)  Copy of order.--Upon receipt of an income-withholding
     order, the obligor's employer shall immediately provide a copy
     of the order to the obligor.
        (b)  Treatment of order.--The employer shall treat an income-
     withholding order issued in another state which appears regular
     on its face as if it had been issued by a tribunal of this
     State.
        (c)  Withholding and distribution of funds.--Except as
     otherwise provided in subsection (d) and section 7501.2
     (relating to compliance with multiple income-withholding
     orders), the employer shall withhold and distribute the funds as
     directed in the withholding order by complying with terms of the
     order which specify:
            (1)  the duration and amount of periodic payments of
        current child support, stated as a sum certain;
            (2)  the person or agency designated to receive payments
        and the address to which the payments are to be forwarded;
            (3)  medical support, whether in the form of periodic
        cash payments of a sum certain or order to the obligor to
        provide health insurance coverage for the child under a
        policy available through the obligor's employment;
            (4)  the amount of periodic payments of fees and costs
        for a support enforcement agency, the issuing tribunal and
        the obligee's attorney, stated as sums certain; and
            (5)  the amount of periodic payments of arrearages and
        interest on arrearages, stated as sums certain.
        (d)  Compliance with law of obligor's place of employment.--
     An employer shall comply with the law of the state of the
     obligor's principal place of employment for withholding from
     income with respect to:
            (1)  the employer's fee for processing an income-
        withholding order;
            (2)  the maximum amount permitted to be withheld from the
        obligor's income; and
            (3)  the times within which the employer must implement
        the withholding order and forward the child support payment.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)

        1997 Amendment.  Act 58 added section 7501.1.
     § 7501.2.  Compliance with multiple income-withholding orders.
        If an obligor's employer receives multiple income-withholding
     orders with respect to the earnings of the same obligor, the
     employer satisfies the terms of the multiple orders if the
     employer complies with the law of the state of the obligor's
     principal place of employment to establish the priorities for
     withholding and allocating income withheld for multiple child-
     support obligees.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)

        1997 Amendment.  Act 58 added section 7501.2.
        Cross References.  Section 7501.2 is referred to in section
     7501.1 of this title.
     § 7501.3.  Immunity from civil liability.
        An employer who complies with an income-withholding order
     issued in another state in accordance with this chapter is not
     subject to civil liability to an individual or agency with
     regard to the employer's withholding of child support from the
     obligor's income.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)

        1997 Amendment.  Act 58 added section 7501.3.
     § 7501.4.  Penalties for noncompliance.
        An employer who willfully fails to comply with an income-
     withholding order issued by a tribunal of another state and
     received for enforcement is subject to the same penalties that
     may be imposed for noncompliance with an order issued by a
     tribunal of this State.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)

        1997 Amendment.  Act 58 added section 7501.4.
     § 7501.5.  Contest by obligor.
        An obligor may contest the validity or enforcement of an
     income-withholding order issued in another state and received
     directly by an employer in this State in the same manner as if
     the order had been issued by a tribunal of this State. Section
     7604 (relating to choice of law) applies to such a contest. The
     obligor shall give notice of the contest to:
            (1)  a support enforcement agency providing services to
        the obligee;
            (2)  each employer that has directly received an income-
        withholding order; and
            (3)  the person or agency designated to receive payments
        in the income-withholding order or, if no person or agency is
        designated, to the obligee.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)

        1997 Amendment.  Act 58 added section 7501.5.
     § 7502.  Administrative enforcement of orders.
        (a)  Initiation.--A party seeking to enforce a support order
     or an income-withholding order, or both, issued by a tribunal of
     another state may send the documents required for registering
     the order to a support enforcement agency of this State.
        (b)  Procedure.--Upon receipt of the documents, the support
     enforcement agency, without initially seeking to register the
     order, shall consider and, if appropriate, use any
     administrative procedure authorized by the law of this State to
     enforce a support order or an income-withholding order, or both.
     If the obligor does not contest administrative enforcement, the
     order need not be registered. If the obligor contests the
     validity or administrative enforcement of the order, the support
     enforcement agency shall register the order pursuant to this
     part.

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