23 Pa.C.S. Ch. 77

in effect

23 Pa.C.S. § 77A01 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: "Application." A request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. "Central authority." The entity designated by the United States or a foreign country defined in paragraph (4) of the definition of "foreign country" in section 7101.1 (relating to definitions) to perform the functions specified in the convention. "Convention support order." A support order of a tribunal of a foreign country defined in paragraph (4) of the definition of "foreign country" in section 7101.1. "Direct request." A petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor or child residing outside the United States. "Foreign central authority." The entity designated by a foreign country defined in paragraph (4) of the definition of "foreign country" in section 7101.1 to perform the functions specified in the convention. "Foreign support agreement." (1) An agreement for support in a record that: (i) is enforceable as a support order in the country of origin; (ii) has been: (A) formally prepared or registered as an authentic instrument by a foreign tribunal; or (B) authenticated by or concluded, registered, or filed with a foreign tribunal; and (iii) may be reviewed and modified by a foreign tribunal. (2) The term includes a maintenance arrangement or authentic instrument under the convention. "United States central authority." The Secretary of the United States Department of Health and Human Services.

23 Pa.C.S. § 77A02 Applicability.

This chapter applies only to a support proceeding under the convention. In a proceeding, if a provision of this chapter is inconsistent with Chapter 71 (relating to general provisions), 72 (relating to jurisdiction), 73 (relating to civil provisions of general application), 74 (relating to establishment of support order or determination of parentage), 75 (relating to enforcement of support order without registration) or 76 (relating to registration, enforcement and modification of support order), this chapter controls.

23 Pa.C.S. § 77A03 Relationship of department to United States central authority.

The department is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

23 Pa.C.S. § 77A04 Initiation by department of support proceeding under convention.

(a) Duties.--In a support proceeding under this chapter, the department shall do all of the following: (1) Transmit and receive applications. (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State. (b) Obligee support proceedings.--All of the following support proceedings are available to an obligee under the convention: (1) Recognition or recognition and enforcement of a foreign support order. (2) Enforcement of a support order issued or recognized in this State. (3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child. (4) Establishment of a support order if recognition of a foreign support order is refused under section 77A08(b)(2), (4) or (9) (relating to recognition and enforcement of registered convention support order). (5) Modification of a support order of a tribunal of this State. (6) Modification of a support order of a tribunal of another state or a foreign country. (c) Obligor support proceedings.--All of the following support proceedings are available under the convention to an obligor against which there is an existing support order: (1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State. (2) Modification of a support order of a tribunal of this State. (3) Modification of a support order of a tribunal of another state or a foreign country. (d) Prohibition.--A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention. Cross References. Section 77A04 is referred to in section 77A08 of this title.

23 Pa.C.S. § 77A05 Direct request.

(a) General rule.--A petitioner may file a direct request seeking: (1) Establishment or modification of a support order or determination of parentage of a child. In the proceeding, the determination of parentage of a child under the law of this State applies. (2) Recognition and enforcement of a support order or support agreement. In the proceeding, sections 77A06 (relating to registration of convention support order), 77A07 (relating to contest of registered convention support order), 77A08 (relating to recognition and enforcement of registered convention support order), 77A09 (relating to partial enforcement), 77A10 (relating to foreign support agreement), 77A11 (relating to modification of convention child support order), 77A12 (relating to personal information) and 77A13 (relating to record in original language) apply. (b) Requirements.--In a direct request for recognition and enforcement of a convention support order or foreign support agreement, the following apply: (1) A security, bond or deposit may not be required to guarantee the payment of costs and expenses. (2) An obligee or obligor that, in the issuing country, has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances. (c) (Reserved). (d) Assistance.--A petitioner filing a direct request is not entitled to assistance from the department. (e) Application of other laws.--This chapter does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

23 Pa.C.S. § 77A06 Registration of convention support order.

(a) Registration required.--Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this State as provided in Chapter 76 (relating to registration, enforcement and modification of support order). (b) Documentation required.--Notwithstanding sections 7311 (relating to pleadings and accompanying documents) and 7602(a) (relating to procedure to register order for enforcement), a request for registration of a convention support order must be accompanied by the following: (1) A complete text of the support order or an abstract of the support order prepared by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law. (2) A record stating that the support order is enforceable in the issuing country. (3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal. (4) A record showing the amount of arrears, if any, and the date the amount was calculated. (5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations. (6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. (c) Recognition and partial enforcement.--A request for registration of a convention support order may seek recognition and partial enforcement of the order. (d) Vacating registration.--A tribunal of this State may vacate the registration of a convention support order without the filing of a contest under section 77A07 (relating to contest of registered convention support order) only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. (e) Notification.--The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order. Cross References. Section 77A06 is referred to in sections 7602, 77A05, 77A08 of this title.

23 Pa.C.S. § 77A07 Contest of registered convention support order.

(a) Applicability.--Except as otherwise provided in this chapter, sections 7605 (relating to notice of registration of order), 7606 (relating to procedure to contest validity or enforcement of registered support order), 7607 (relating to contest of registration or enforcement) and 7608 (relating to confirmed order) apply to a contest of a registered convention support order. (b) Time.--A party contesting a registered convention support order must file a contest: (1) Not later than 30 days after notice of the registration if the contesting party resides in the United States. (2) Not later than 60 days after notice of the registration if the contesting party does not reside in the United States. (c) Failure to contest.--If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b), the order is enforceable. (d) Basis of contest.--A contest of a registered convention support order may be based only on grounds set forth in section 77A08 (relating to recognition and enforcement of registered convention support order). The contesting party shall bear the burden of proof. (e) Tribunal duties.--In a contest of a registered convention support order, a tribunal of this State: (1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) may not review the merits of the order. (f) Notification of decision.--A tribunal of this State deciding a contest of a registered convention support order shall promptly notify the parties of its decision. (g) Appeals.--A challenge or appeal does not stay the enforcement of a convention support order unless there are exceptional circumstances. Cross References. Section 77A07 is referred to in sections 7605, 77A05, 77A06 of this title.

23 Pa.C.S. § 77A08 Recognition and enforcement of registered convention support order.

(a) General rule.--Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered convention support order. (b) Refusal of recognition or enforcement.--The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered convention support order: (1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard. (2) The issuing tribunal lacked personal jurisdiction consistent with section 7201 (relating to bases for jurisdiction over nonresident). (3) The order is not enforceable in the issuing country. (4) The order was obtained by fraud in connection with a matter of procedure. (5) A record transmitted in accordance with section 77A06 (relating to registration of convention support order) lacks authenticity or integrity. (6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed. (7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this part in this State. (8) Payment, to the extent alleged arrears have been paid in whole or in part. (9) In a case in which the respondent did not appear and was not represented in the proceeding in the issuing foreign country: (i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal. (10) The order was made in violation of section 77A11 (relating to modification of convention child support order). (c) Procedure in certain situations.--If a tribunal of this State does not recognize a convention support order under subsection (b)(2), (4) or (9): (1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and (2) the department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 77A04 (relating to initiation by department of support proceeding under convention). Cross References. Section 77A08 is referred to in sections 77A04, 77A05, 77A07, 77A11 of this title.

23 Pa.C.S. § 77A09 Partial enforcement.

If a tribunal of this State does not recognize and enforce a convention support order in the order's entirety, the tribunal shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order. Cross References. Section 77A09 is referred to in section 77A05 of this title.

23 Pa.C.S. § 77A10 Foreign support agreement.

(a) Recognition and enforcement.--Except as otherwise provided in subsections (c) and (d), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State. (b) Documentation required.--An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by the following: (1) A complete text of the foreign support agreement. (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) Vacating registration.--A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (d) Contested agreements.--In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds any of the following: (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy. (2) The agreement was obtained by fraud or falsification. (3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this part in this State. (4) The record submitted under subsection (b) lacks authenticity or integrity. (e) Suspension during appeal.--A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. Cross References. Section 77A10 is referred to in section 77A05 of this title.

23 Pa.C.S. § 77A11 Modification of convention child support order.

(a) General rule.--A tribunal of this State may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless one of the following occurs: (1) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity. (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify the support order or issue a new support order. (b) Order not recognized.--If a tribunal of this State does not modify a convention child support order because the order is not recognized in this State, section 77A08(c) (relating to recognition and enforcement of registered convention support order) applies. Cross References. Section 77A11 is referred to in sections 7615, 77A05, 77A08 of this title.

23 Pa.C.S. § 77A12 Personal information.

Personal information gathered or transmitted under this chapter may be used only for the purposes for which the information was gathered or transmitted. Cross References. Section 77A12 is referred to in section 77A05 of this title.

23 Pa.C.S. § 77A13 Record in original language.

A record filed with a tribunal of this State under this part must be in the original language and, if not in English, must be accompanied by an English translation. Cross References. Section 77A13 is referred to in section 77A05 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23Fetched: 10/16/2026