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 Legitimacy of Children (Repealed) -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 Former Chapter 83, which related to legitimacy of children, was added October 15, 1980, P.L.934, No.163, and repealed December 19, 1990, P.L.1240, No.206, effective in 90 days.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.