§ 8101 — Short title of part and definitions

Pennsylvania § 8101

• Jurisdiction: Pennsylvania
• Title 23: DOMESTIC RELATIONS
• Part: PART VIII-A
• Ch. 81: GENERAL PROVISIONS

Text

(a) Short title of part.--This part shall be known and may be cited as the Intrastate Family Support Act.

(b) Definitions.--Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child."An individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

"Child support order."A support order for a child, including a child who has attained the age of majority.

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

"Duty of support."An obligation imposed or imposable by law to provide support for a child, spouse or former spouse. The term includes an unsatisfied obligation to provide support.

"Income."The term includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the laws of this Commonwealth.

"Income-withholding order."An order or other legal process directed to an obligor's employer or other debtor, in accordance with section 4348 (relating to attachment of income), to withhold support from the income of the obligor.

"Initiating county."A county in which a proceeding under this part or a law substantially similar to this part, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act is filed for forwarding to a responding county.

"Initiating tribunal."The authorized tribunal in an initiating county.

"Issuing county."The county in which a tribunal issues a support order or renders a judgment determining parentage.

"Issuing tribunal."The tribunal that issues a support order or renders a judgment determining parentage.

"Law."The term includes decisional and statutory law and rules and regulations having the force of law.

"Obligee."Any of the following:

(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered.

(2) A political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee.

(3) An individual seeking a judgment determining parentage of the individual's child.

(4) The Department of Public Welfare.

"Obligor."An individual or the estate of a decedent that:

(1) owes or is alleged to owe a duty of support;

(2) is alleged but has not been adjudicated to be a parent of a child; or

(3) is liable under a support order.

"Register."To record a support order or judgment determining parentage in the office designated by a court of common pleas.

"Registering tribunal."A tribunal in which a support order is registered.

"Responding county."A county to which a proceeding is forwarded under this part.

"Responding tribunal."The authorized tribunal in a responding county.

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

"Spousal support order."A support order for a spouse or former spouse of the obligor.

"Support enforcement agency."The department, a domestic relations section of a tribunal, a public official or a public agency authorized to seek:

(1) enforcement of support orders or laws relating to the duty of support;

(2) establishment or modification of child support;

(3) determination of parentage; or

(4) location of obligors or their assets.

"Support order."A judgment, decree or order, whether temporary, final or subject to modification, whether incidental to a pending divorce, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement. The term includes related costs and fees, interest, income withholding, attorney fees and other relief.

"Title IV-D attorney."The official in the appropriate county who, by statute, contract or appointment, has the duty to represent obligees in support actions brought in the county.

"Tribunal."A court of common pleas.

Legislative History

(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998) 1997 Amendment.Act 58 amended the def. of "income-withholding order" in subsec. (b). 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. 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. The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014. The act of May 10, 1951, P.L.279, No.50, known as the Uniform Reciprocal Enforcement of Support Act, referred to in the definition of "initiating county," was repealed by the act of December 6, 1972, P.L.1365, No.291. The act of December 6, 1972, P.L.1365, No.291, known as the Revised Uniform Reciprocal Enforcement of Support Act, referred to in the definition of "initiating county," was repealed by the act of April 28, 1978, P.L.202, No.53.