2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 83 - Legitimacy of Children (Repealed)
Chapter 83. Legitimacy of Children (Repealed) -


                                CHAPTER 83
                 CIVIL PROVISIONS OF GENERAL APPLICATION

     Sec.
     8301.  Proceedings under this part.
     8302.  Action by minor parent.
     8303.  Duties of initiating tribunal.
     8304.  Duties and powers of responding tribunal.
     8305.  Inappropriate tribunal.
     8306.  Duties of support enforcement agency.
     8307.  Supervisory duty.
     8308.  Private counsel.
     8309.  Nondisclosure of information in exceptional
            circumstances.
     8310.  Nonparentage not a defense.
     8311.  Special rules of evidence and procedure.
     8312.  Assistance with discovery.
     8313.  Costs and fees.

        Enactment.  Chapter 83 was added April 4, 1996, P.L.58,
     No.20, effective immediately.
        Prior Provisions.  Former Chapter 83, which related to
     legitimacy of children, was added October 15, 1980, P.L.934,
     No.163, and repealed December 19, 1990, P.L.1240, No.206,
     effective in 90 days.
     § 8301.  Proceedings under this part.
        (a)  Scope.--This part provides for the following
     proceedings:
            (1)  Establishment of an order for spousal support or
        child support.
            (2)  Registration of an order for spousal support or
        child support of another county for enforcement or
        modification pursuant to Chapter 84 (relating to enforcement
        and modification of support order after registration).
        (b)  Commencement.--An individual petitioner or a support
     enforcement agency must commence a proceeding authorized under
     this part by filing a petition or complaint in an initiating
     tribunal for forwarding to a responding tribunal or by filing a
     petition or complaint directly in a tribunal of another county
     which has or can obtain personal jurisdiction over the
     respondent.

        Cross References.  Section 8301 is referred to in section
     8304 of this title.
     § 8302.  Action by minor parent.
        A minor parent or a guardian or other legal representative of
     a minor parent may maintain a proceeding on behalf of or for the
     benefit of the minor's child.
     § 8303.  Duties of initiating tribunal.
        Upon the filing of a petition or complaint authorized by this
     part, an initiating tribunal shall forward one copy of the
     petition or complaint and its accompanying documents to the
     responding tribunal.

        Cross References.  Section 8303 is referred to in section
     2512 of this title.
     § 8304.  Duties and powers of responding tribunal.
        (a)  Filing and notice.--If a responding tribunal receives a
     petition, a complaint or comparable pleading from an initiating
     tribunal or directly pursuant to section 8301(b) (relating to
     proceedings under this part), it shall file the pleading and
     notify the petitioner by first class mail where and when it was
     filed.
        (b)  Action.--A responding tribunal, to the extent otherwise
     authorized by law, may do any of the following:
            (1)  Exercise continuing, exclusive jurisdiction to issue
        or enforce a support order, modify a support order or render
        a judgment to determine parentage.
            (2)  Order an obligor to comply with a support order,
        specifying the amount and the manner of compliance.
            (3)  Order income withholding.
            (4)  Determine the amount of any arrearages and specify a
        method of payment.
            (5)  Enforce orders by civil or criminal contempt, or
        both.
            (6)  Set aside property for satisfaction of the support
        order.
            (7)  Place liens and order execution on the obligor's
        property.
            (8)  Order an obligor to keep the tribunal informed of
        the obligor's current residential address, telephone number,
        employer, address of employment and telephone number at place
        of employment.
            (9)  Issue a bench warrant for an obligor who has failed
        after proper notice to appear at a hearing ordered by the
        tribunal and enter the bench warrant in any state and local
        computer systems for criminal warrants.
            (10)  Order the obligor to seek appropriate employment by
        specified methods.
            (11)  Award reasonable attorney fees and other fees and
        costs.
            (12)  Issue a temporary child support order pending
        judicial resolution of a dispute regarding paternity if any
        of the following apply:
                (i)  The obligor has signed an acknowledgment of
            paternity.
                (ii)  The obligor has been determined under State law
            to be the parent.
                (iii)  There is clear and convincing evidence that
            the obligor is the child's parent.
            (13)  Grant any other available remedy.
        (c)  Findings of fact.--A responding tribunal shall include
     in a support order issued under this part or in the documents
     accompanying the order the findings of fact on which the support
     order is based.
        (d)  Visitation.--A responding tribunal may not condition the
     payment of a support order issued under this part upon
     compliance by a party with provisions for visitation.
        (e)  Notice.--If a responding tribunal issues an order under
     this part, the tribunal shall send a copy of the order by first
     class mail to the petitioner and the respondent and to the
     initiating tribunal, if any.
     § 8305.  Inappropriate tribunal.
        If a petition, complaint or comparable pleading is received
     by an inappropriate tribunal, it shall forward the pleading and
     accompanying documents to an appropriate tribunal and notify the
     petitioner by first class mail where and when the pleading was
     sent.
     § 8306.  Duties of support enforcement agency.
        (a)  General duty.--A support enforcement agency upon request
     shall provide services to an obligee in a proceeding under this
     part.
        (b)  Specific duties.--A support enforcement agency that is
     providing services to the petitioner as appropriate shall do all
     of the following:
            (1)  Take all steps necessary to enable an appropriate
        tribunal to obtain jurisdiction over the respondent.
            (2)  Request an appropriate tribunal to set a date, time
        and place for a hearing.
            (3)  Make a reasonable effort to obtain all relevant
        information, including information as to income and property
        of the parties.
            (4)  Within two days, exclusive of Saturdays, Sundays and
        legal holidays, after receipt of a written notice from an
        initiating, responding or registering tribunal, send a copy
        of the notice by first class mail to the petitioner.
            (5)  Within two days, exclusive of Saturdays, Sundays and
        legal holidays, after receipt of a written communication from
        the respondent, send a copy of the communication by first
        class mail to the petitioner.
            (6)  Provide to the petitioner and respondent notice of
        all proceedings within two days, exclusive of Saturdays,
        Sundays and legal holidays, of setting a date for proceedings
        pursuant to this part.
            (7)  Provide to the petitioner and respondent a copy of
        all recommendations and court orders, including findings of
        fact, within two days, exclusive of Saturdays, Sundays and
        legal holidays, of issuing the recommendations or court
        order.
            (8)  Provide to the petitioner and respondent a copy of
        the court's procedure to file a demand for a de novo hearing
        or to file exception to the recommendation of the hearing
        officer.
            (9)  Notify the petitioner if jurisdiction over the
        respondent cannot be obtained.
        (c)  Fiduciaries.--This part does not create a relationship
     of attorney and client or other fiduciary relationship between a
     support enforcement agency or the attorney for the agency and
     the individual being assisted by the agency.
     § 8307.  Supervisory duty.
        If the secretary determines that a support enforcement agency
     is neglecting or refusing to provide services to an individual,
     the secretary may order the agency to perform its duties under
     this part or may provide those services directly to the
     individual.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
     § 8308.  Private counsel.
        An individual may employ private counsel to represent the
     individual in proceedings authorized by this part.
     § 8309.  Nondisclosure of information in exceptional
                circumstances.
        Upon a finding, which may be made ex parte, that the health,
     safety or liberty of a party or child would be unreasonably put
     at risk by the disclosure of identifying information or if an
     existing order so provides, a tribunal 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.
     § 8310.  Nonparentage not a defense.
        A party whose parentage of a child has been previously
     determined by or pursuant to law may not plead nonparentage as a
     defense to a proceeding under this part.
     § 8311.  Special rules of evidence and procedure.
        (a)  Physical presence.--The physical presence of the
     petitioner in a responding tribunal is not required for the
     establishment, enforcement or modification of a support order or
     the rendition of a judgment determining parentage.
        (b)  Representation.--The interests of the Commonwealth in
     establishing and enforcing support orders shall be represented,
     where appropriate, by the county Title IV-D attorney in a
     proceeding brought before the responding tribunal.
        (c)  Hearsay exception.--A verified petition, affidavit or
     document, and a document incorporated by reference in any of
     them, not excluded under the hearsay rule if given in person, is
     admissible in evidence if given under oath by a party or
     witness.
        (d)  Payment record.--A copy of the record of support
     payments certified as a true copy of the original by the
     custodian of the record may be forwarded to a responding
     tribunal. The copy is evidence of facts asserted in it and is
     admissible to show whether payments were made.
        (e)  Bills.--Copies of bills for testing for parentage and
     for prenatal and postnatal health care of the mother and child,
     furnished to the adverse party at least ten days before trial,
     are admissible in evidence to prove the amount of the charges
     billed and that the charges were reasonable, necessary and
     customary.
        (f)  Transmission of documentary evidence.--Documentary
     evidence transmitted to a tribunal by telephone, telecopier or
     other means that do not provide an original writing may not be
     excluded from evidence on an objection based on the means of
     transmission.
        (g)  Testimony.--In a proceeding under this part, a tribunal
     may permit a party or witness to be deposed or to testify by
     telephone, audiovisual means or other electronic means at a
     designated tribunal or other location. Tribunals shall cooperate
     in designating an appropriate location for the deposition or
     testimony.
     § 8312.  Assistance with discovery.
        A tribunal may do any of the following:
            (1)  Request another tribunal to assist in obtaining
        discovery.
            (2)  Upon request, compel a person over whom it has
        jurisdiction to respond to a discovery order issued by
        another tribunal.
     § 8313.  Costs and fees.
        (a)  Prohibition.--The department or a support enforcement
     agency may not be required to pay a filing fee or other costs.
        (b)  Obligor.--If an obligee prevails, a responding tribunal
     may assess against an obligor filing fees, reasonable attorney
     fees, other costs and necessary travel and other reasonable
     expenses incurred by the obligee and the obligee's witnesses.
     The tribunal may not assess fees, costs or expenses against the
     department or against the support enforcement agency of either
     the initiating county or the responding county except as
     provided by other law. Attorney fees may be taxed as costs and
     may be ordered paid directly to the attorney, who may enforce
     the order in the attorney's own name. Payment of support owed to
     the obligee has priority over fees, costs and expenses.
        (c)  Dilatory actions.--Except as provided in subsection (a),
     the tribunal shall order the payment of costs and reasonable
     attorney fees if it determines that a hearing was requested
     primarily for delay. In a proceeding under Chapter 76 (relating
     to enforcement and modification of support order after
     registration), a hearing is presumed to have been requested
     primarily for delay if a registered support order is confirmed
     or enforced without change.

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