act-1993-0-62•Pennsylvania Act 1993-62 — DOMESTIC RELATIONS (23PA.C.S.) - OMNIBUS AMENDMENT
Pennsylvania Act 1993-62 — DOMESTIC RELATIONS (23PA.C.S.) - OMNIBUS AMENDMENT
act-1993-0-621993 Pa. Act 62Law
Act text
DOMESTIC RELATIONS (23PA.C.S.) - OMNIBUS AMENDMENT
Act of Jul. 2, 1993, P.L. 431, No. 62 Cl. 23
Session of 1993
No. 1993-62
AN ACT
HB 1340
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, defining "genetic tests"; further
providing for information to consumer credit bureau and for
rights of the Department of Public Welfare for postsecondary
educational costs; providing for publication of delinquent
support obligors; further providing for expedited paternity
and support procedure; providing for professional licensure
sanctions against support delinquents; and further providing
for voluntary acknowledgement of paternity.
It is the intention of the General Assembly by enacting 23
Pa.C.S. § 4327 (relating to postsecondary educational costs) to
codify the decision of the Superior Court in the case of Ulmer
v. Sommerville, 200 Pa. Superior Ct. 640, 190 A.2d 182 (1963),
and the subsequent line of cases interpreting Ulmer prior to the
decision of the Pennsylvania Supreme Court in Blue v. Blue, 532
Pa. 521, 616 A.2d 628 (1992), decided on November 13, 1992.
Further, the General Assembly finds that it has a rational
and legitimate governmental interest in requiring some parental
financial assistance for a higher education for children of
parents who are separated, divorced, unmarried or otherwise
subject to an existing support obligation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4302 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 4302. Definitions.
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:
* * *
"Genetic tests." Includes any blood or tissue testing
processes used to confirm or exclude parentage.
* * *
Section 2. Section 4306 of Title 23 is amended to read:
§ 4306. Duties of district attorney and rights of Department
of Public Welfare.
(a) General rule.--The district attorney shall at all times
aid in the enforcement of the duty of support and shall
cooperate with the domestic relations section in the
presentation of complaints or in any proceeding designed to
obtain compliance with any order of the court.
(b) Representation of complainant.--The district attorney,
upon the request of the court or a Commonwealth or local public
welfare official, shall represent any complainant in any
proceeding under this subchapter.
(c) Joinder of Department of Public Welfare.--Whenever the
record in any support action or proceeding indicates that the
persons for whom support is sought have received public
assistance from the Department of Public Welfare at any time
since the initiation of the matter, the department may become a
party to the action or proceeding by filing an entry of
appearance. This entry of appearance may be entered without
leave of court at any time and at any stage of the action or
proceeding.
Section 3. Title 23 is amended by adding sections to read:
§ 4309. Publication of delinquent support obligors.
(a) General rule.--Any county, through its domestic
relations section, may publish the names of delinquent support
obligors who are in arrears 30 days or more in newspapers of
general or special circulation in the county.
(b) Immunity.--The county, its officials and newspapers
shall be immune from any and all criminal and civil liability as
a result of the publication of names and identities under
subsection (a), unless the publication is a result of
intentional misconduct by the county, its officials or
newspapers.
§ 4327. Postsecondary educational costs.
(a) General rule.--Where applicable under this section, a
court may order either or both parents who are separated,
divorced, unmarried or otherwise subject to an existing support
obligation to provide equitably for educational costs of their
child whether an application for this support is made before or
after the child has reached 18 years of age. The responsibility
to provide for postsecondary educational expenses is a shared
responsibility between both parents. The duty of a parent to
provide a postsecondary education for a child is not as exacting
a requirement as the duty to provide food, clothing and shelter
for a child of tender years unable to support himself. This
authority shall extend to postsecondary education, including
periods of undergraduate or vocational education after the child
graduates from high school. An award for postsecondary
educational costs may be entered only after the child or student
has made reasonable efforts to apply for scholarships, grants
and work-study assistance.
(b) Action to recover educational expenses.--An action to
recover educational costs may be commenced:
(1) by the student if over 18 years of age; or
(2) by either parent on behalf of a child under 18 years
of age, but, if the student is over 18 years of age, the
student's written consent to the action must be secured.
(c) Calculation of educational costs.--In making an award
under this section, the court shall calculate educational costs
as defined in this section.
(d) Grants and scholarships.--The court shall deduct from
the educational costs all grants and scholarships awarded to the
student.
(e) Other relevant factors.--After calculating educational
costs and deducting grants and scholarships, the court may order
either parent or both parents to pay all or part of the
remaining educational costs of their child. The court shall
consider all relevant factors which appear reasonable, equitable
and necessary, including the following:
(1) The financial resources of both parents.
(2) The financial resources of the student.
(3) The receipt of educational loans and other financial
assistance by the student.
(4) The ability, willingness and desire of the student
to pursue and complete the course of study.
(5) Any willful estrangement between parent and student
caused by the student after attaining majority.
(6) The ability of the student to contribute to the
student's expenses through gainful employment. The student's
history of employment is material under this paragraph.
(7) Any other relevant factors.
(f) When liability may not be found.--A court shall not
order support for educational costs if any of the following
circumstances exist:
(1) Undue financial hardship would result to the parent.
(2) The educational costs would be a contribution for
postcollege graduate educational costs.
(3) The order would extend support for the student
beyond the student's twenty-third birthday. If exceptional
circumstances exist, the court may order educational support
for the student beyond the student's twenty-third birthday.
(g) Parent's obligation.--A parent's obligation to
contribute toward the educational costs of a student shall not
include payments to the other parent for the student's living
expenses at home unless the student resides at home with the
other parent and commutes to school.
(h) Termination or modification of orders.--Any party may
request modification or termination of an order entered under
this section upon proof of change in educational status of the
student, a material change in the financial status of any party
or other relevant factors.
(i) Applicability.--
(1) This act shall apply to all divorce decrees, support
agreements, support orders, agreed or stipulated court
orders, property settlement agreements, equitable
distribution agreements, custody agreements and/or court
orders and agreed to or stipulated court orders in effect on,
executed or entered since, November 12, 1992.
(2) In addition, this act shall apply to all pending
actions for support. This section shall not supersede or
modify the express terms of a voluntary written marital
settlement agreement or any court order entered pursuant
thereto.
(j) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Educational costs." Tuition, fees, books, room, board and
other educational materials.
"Postsecondary education." An educational or vocational
program provided at a college, university or other postsecondary
vocational, secretarial, business or technical school.
Section 4. Section 4342 of Title 23 is amended by adding
subsections to read:
§ 4342. Expedited procedure.
* * *
(c) Long arm procedures.--The Supreme Court shall by general
rule establish procedures for the exercise of long arm
jurisdiction to establish paternity and to establish and enforce
support. Long arm jurisdiction shall be used in preference to
proceedings under Chapter 45 (relating to reciprocal enforcement
of support orders) unless it would be more effective to proceed
otherwise. Long arm proceedings may be commenced or continued in
any county where the plaintiff resides regardless of whether the
parties maintained a family domicile in that county.
(d) Jurisdiction over nonresident.--In a proceeding to
establish, enforce or modify a support order or to determine
parentage, any court of this Commonwealth may exercise personal
jurisdiction over a nonresident individual if:
(1) the individual is personally served with notice
within this Commonwealth;
(2) the individual submits to the jurisdiction of this
Commonwealth by consent, by entering a general appearance or
by filing a responsive document having the effect of waiving
any contest to personal jurisdiction;
(3) the individual resided with the child in this
Commonwealth;
(4) the individual resided in this Commonwealth and
provided prenatal expenses or support for the child;
(5) the child resides in this Commonwealth as a result
of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this
Commonwealth and the child may have been conceived by that
act of intercourse;
(7) the individual asserted parentage in the affidavit
filed under the act of June 29, 1953 (P.L.304, No.66), known
as the Vital Statistics Law of 1953; or
(8) there is any other basis consistent with the
Constitution of the United States and the Constitution of
Pennsylvania for the exercise of personal jurisdiction.
Section 5. Title 23 is amended by adding a section to read:
§ 4355. Denial or suspension of license to engage in
remunerative employment.
(a) General rule.--Where the domestic relations section has
been unable to attach the income of an obligor pursuant to
section 4348 (relating to attachment of income) and the obligor
owes support in an amount equal to or greater than three months
of the monthly support obligation, the court shall issue an
order directing any licensing authority to:
(1) prohibit the issuance or renewal of a license of the
obligor; or
(2) require the suspension of the license of the
obligor.
(b) Notice to obligor.--
(1) Prior to the issuance of an order to suspend,
nonrenew or deny a license, the court shall send written
notice to the obligor. The notice shall specify:
(i) The amount of arrears owed.
(ii) How, when and where the notice can be
contested.
(iii) That the grounds for contesting the notice
shall be limited to mistakes of fact. Mistakes of fact
shall be limited to errors in the amount of arrears owed
or mistaken identity of the obligor.
(iv) That an order to the licensing authority to
automatically suspend, nonrenew or deny the license will
occur in all cases 30 days after issuance of the notice
unless the arrearage is paid or a periodic payment
schedule is approved by the court.
(2) If the obligor is a member of the bar and has an
attorney's license issued by the Supreme Court of
Pennsylvania, the court shall send written notice to the
disciplinary board of the Supreme Court so that appropriate
action may be taken.
(c) Order.--
(1) Thirty days after the issuance of the notice, if the
obligor has not paid the arrearage or entered into a court-
approved periodic payment schedule, the court shall cause an
order to be issued to the licensing authority to suspend or
deny the issuance or renewal of a license. Upon receipt, the
licensing authority shall immediately comply with the order.
(2) An order providing for a periodic payment schedule
shall also provide that failure to comply with the schedule
shall result in the immediate suspension, nonrenewal or
denial of the obligor's license.
(3) To contest the order, the obligor must appear before
the domestic relations section not later than ten days after
issuance of the order. The grounds for contesting shall be
limited to mistakes of fact. If, as determined by the
domestic relations section, a mistake of fact has occurred,
the action shall be modified accordingly within ten days.
(d) Reinstatement or issuance of license.--Where the court
has issued an order pursuant to subsection (c) and the obligor
has satisfied the arrearage, the court shall order the licensing
authority to reinstate or issue the license to the obligor. Upon
receipt of the order, the licensing authority shall reinstate or
issue the license immediately, provided that the obligor meets
any and all other requirements for issuance or reinstatement.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"License." A license, certificate, permit or other
authorization to engage in a profession, trade or business in
this Commonwealth or a political subdivision or agency thereof.
"Licensing authority." Any entity of the Commonwealth,
political subdivision or agency thereof which issues a license.
Section 6. Section 5103 of Title 23 is amended by adding a
subsection to read:
§ 5103. Acknowledgment and claim of paternity.
* * *
(c) Duty of hospital or birthing center.--Upon the birth of
a child to an unmarried woman, an agent of the hospital or
birthing center where the birth occurred shall:
(1) Provide the newborn's birth parents with an
opportunity to complete an affidavit acknowledging paternity.
The completed, signed and notarized affidavit shall be sent
to the Department of Public Welfare. A copy shall be given to
each of the birth parents. This affidavit shall contain:
(i) A sworn, signed statement by the birth mother
consenting to the assertion of paternity.
(ii) A signed, notarized statement by the birth
father acknowledging his paternity.
(iii) A written explanation of the parental duties
and parental rights which arise from signing such a
statement.
(iv) The Social Security numbers and addresses of
both birth parents.
(2) Provide written information, furnished by the
Department of Public Welfare to the birth mother, which
explains the benefits of having the child's paternity
established, the availability of paternity establishment
services and the availability of child support enforcement
agencies.
Section 7. The addition of 23 Pa.C.S. § 4306(c) shall apply
to actions pending on the effective date of this act under
section 8(3) of this act.
Section 8. This act shall take effect as follows:
(1) The addition of 23 Pa.C.S. §§ 4309 and 4355 shall
take effect in 60 days.
(2) The amendment of 23 Pa.C.S. § 5103 shall take effect
in 90 days.
(3) The remainder of this act shall take effect
immediately.
APPROVED--The 2nd day of July, A. D. 1993.
MARK L. SINGEL
ACTING GOVERNOR
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