Pennsylvania Act 1993-62 — DOMESTIC RELATIONS (23PA.C.S.) - OMNIBUS AMENDMENT

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