Pennsylvania § 4321 Liability for support

Pennsylvania Statutes

§ 4321 — Liability for support

Pennsylvania·Title 23 DOMESTIC RELATIONS·Part PART V·Ch. 43 SUPPORT MATTERS GENERALLY·Subch. SUPPORT

Subject to the provisions of this chapter:

(1)Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.

(2)Parents are liable for the support of their children who are unemancipated and 18 years of age or younger. (2.1) Paragraph (2) applies whether or not parental rights of the parent have been terminated due to a conviction for any of the following where the other parent is the victim and a child has been conceived as a result of the offense:

(i)18 Pa.C.S. § 3121 (relating to rape);

(ii)18 Pa.C.S. § 3122.1 (relating to statutory sexual assault);

(iii)18 Pa.C.S. § 3124.1 (relating to sexual assault), where the offense involved sexual intercourse;

(iv)18 Pa.C.S. § 3124.2 (relating to institutional se

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Subject to the provisions of this chapter:

(1) Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.

(2) Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.

(2.1) Paragraph (2) applies whether or not parental rights of the parent have been terminated due to a conviction for any of the following where the other parent is the victim and a child has been conceived as a result of the offense:

(i) 18 Pa.C.S. § 3121 (relating to rape);

(ii) 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault);

(iii) 18 Pa.C.S. § 3124.1 (relating to sexual assault), where the offense involved sexual intercourse;

(iv) 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault), where the offense involved sexual intercourse; or

(v) 18 Pa.C.S. § 4302 (relating to incest), where the offense involved sexual intercourse.

Paternity of the child under this paragraph shall be established through voluntary acknowledgment of paternity or blood, genetic or other type of paternity test acceptable to the court. The cost of the testing shall be borne by the parent who was convicted of the offense.

(3) Parents may be liable for the support of their children who are 18 years of age or older.

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Legislative History

(Oct. 1, 2015, P.L.172, No.40, eff. 60 days) 2015 Amendment.Act 40 added par. (2.1). Section 3 of Act 40 provided that par. (2.1) shall apply to any action regarding custody of a child under Chapter 43 or 53 that is filed on or after the effective date of section 3.