§ 4302 — Definitions

Pennsylvania § 4302

• Jurisdiction: Pennsylvania
• Title 23: DOMESTIC RELATIONS
• Part: PART V
• Ch. 43: SUPPORT MATTERS GENERALLY
• Subch.: GENERAL PROVISIONS

Text

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Consumer reporting agency."As defined in section 630(f) of the Federal Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C. § 1681a(f)).

"Department."The Department of Public Welfare of the Commonwealth.

"Employer."Includes an individual, partnership, association, corporation, trust, Federal agency, Commonwealth agency or political subdivision paying or obligated to pay income.

"Genetic tests."Includes any blood or tissue testing processes used to confirm or exclude parentage.

"Government agency."Any agency of the Commonwealth, including departments, boards, commissions, authorities, any political subdivisions or agency of such political subdivision or local or municipal authority or other local government unit or any court or related agency.

"Income."Includes compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and similar items; income derived from business; gains derived from dealings in property; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; all forms of retirement; pensions; income from discharge of indebtedness; distributive share of partnership gross income; income in respect of a decedent; income from an interest in an estate or trust; military retirement benefits; railroad employment retirement benefits; social security benefits; temporary and permanent disability benefits; workers' compensation; unemployment compensation; other entitlements to money or lump sum awards, without regard to source, including lottery winnings; income tax refunds; insurance compensation or settlements; awards or verdicts; and any form of payment due to and collectible by an individual regardless of source.

"Judgment by operation of law."A judgment which exists without the need for any ministerial act and which arises out of the existence of facts readily verifiable from the domestic relations section's records. The existence of a valid support order and nonpayment of the order, together, create the judgment.

"Labor organization."The term shall have the meaning given the term in section 2(5) of the National Labor Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.) and shall include an entity used by the organization and an employer to carry out requirements of an agreement between the organization and the employer as set forth in section 8(f)(3) of the National Labor Relations Act.

"Net income."Gross income minus taxes and any other deductions mandated by the employer as a condition of employment.

"Obligee."The term shall have the meaning given in section 7101(b) (relating to short title of part and definitions).

"Obligor."The term shall have the meaning given in section 7101(b) (relating to short title of part and definitions).

"Order of support."Includes assistance imposed or imposable by law or by any court order or by an agency administering a State Title IV-D program, whether temporary, final or subject to modification and whether incidental to a proceeding for divorce, separate maintenance, action for failure to support a child born out of wedlock or otherwise. The term includes an order for the support and maintenance of a child, including a child who has attained the age of majority, or for the parent with whom the child is living which provides for monetary support, health care, arrearages or reimbursement and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.

"Overdue support."Support which is delinquent under a payment schedule established by the court.

"Past due support."Support included in an order of support which has not been paid.

"State disbursement unit."The organizational unit established within the Department of Public Welfare responsible for collecting and disbursing support as provided in section 4374 (relating to State disbursement unit).

"Support."Care, maintenance and financial assistance.

Legislative History

(Mar. 25, 1988, P.L.296, No.35, eff. imd.; July 2, 1993, P.L.431, No.62, eff. imd.; Apr. 4, 1996, P.L.58, No.20, eff. imd.; Oct. 16, 1996, P.L.706, No.124, eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 15, 1998, P.L.963, No.127, eff. imd.) 1998 Amendment.Act 127 added the defs. of "overdue support" and "past due support." Act 127 of 1998 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support. 1997 Amendment.Act 58 amended the defs. of "income" and "order of support" and added the defs. of "department," "obligee," "obligor" and "State disbursement unit." Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support. 1996 Amendments.Act 20 added the def. of "consumer reporting agency" and Act 124 amended the def. of "income" and added the defs. of "government agency" and "labor organization." 1993 Amendment.Act 62 added the def. of "genetic tests." 1988 Amendment.Act 35 added the def. of "judgment by operation of law." Referencesin Text.The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Subsection (b) of section 7101 no longer exists. The definitions are now contained in section 7101.1 Cross References.Section 4302 is referred to in sections 4308.1, 7501 of this title; sections 8102, 8533.1 of Title 24 (Education); sections 5102, 5953.1 of Title 71 (State Government).