23 Pa.C.S. Ch. 72

in effect

23 Pa.C.S. § 7201 Bases for jurisdiction over nonresident.

(a) Jurisdiction.--In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if any of the following apply: (1) The individual is personally served with a writ of summons, complaint or other appropriate pleading within this State. (2) The individual submits to the jurisdiction of this State by consent in a record, 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 State. (4) The individual resided in this State and provided prenatal expenses or support for the child. (5) The child resides in this State as a result of the acts or directives of the individual. (6) The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse. (7) The individual acknowledged parentage of the child on a form filed with the department under section 5103 (relating to acknowledgment and claim of paternity). (8) There is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction. (b) Modification.--The bases of personal jurisdiction set forth in subsection (a) or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child support order of another state unless the requirements of section 7611 (relating to modification of child support order of another state) are met or, in the case of a foreign support order, unless the requirements of section 7615 (relating to jurisdiction to modify child support order of a foreign country) are met. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7201 is referred to in sections 7611, 77A08 of this title.

23 Pa.C.S. § 7202 Procedure when exercising jurisdiction over nonresident (Repealed).

2015 Repeal. Section 7202 was repealed December 28, 2015, P.L.559, No.94, effective immediately.

23 Pa.C.S. § 7202.1 Duration of personal jurisdiction.

Personal jurisdiction acquired by a tribunal of this State in a proceeding under this part or other law of this State relating to a support order continues as long as a tribunal of this State has continuing exclusive jurisdiction to modify the tribunal's order or continuing jurisdiction to enforce the tribunal's order as provided by sections 7205 (relating to continuing, exclusive jurisdiction to modify child support orders), 7206 (relating to continuing jurisdiction to enforce child support orders) and 7211 (relating to continuing, exclusive jurisdiction to modify spousal support order). (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 added section 7202.1.

23 Pa.C.S. § 7203 Initiating and responding tribunal of this State.

Under this part, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country. (Dec. 28, 2015, P.L.559, No.94, eff. imd.)

23 Pa.C.S. § 7204 Simultaneous proceedings.

(a) Permissible.--A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if all of the following apply: (1) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or a foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or a foreign country. (2) The contesting party timely challenges the exercise of jurisdiction in the other state or a foreign country. (3) If relevant, this State is the home state of the child. (b) Impermissible.--A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if all of the following apply: (1) The petition or comparable pleading in the other state or a foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State. (2) The contesting party timely challenges the exercise of jurisdiction in this State. (3) If relevant, the other state or a foreign country is the home state of the child. (Dec. 28, 2015, P.L.559, No.94, eff. imd.)

23 Pa.C.S. § 7205 Continuing, exclusive jurisdiction to modify child support orders.

(a) Extent.--A tribunal of this State that has issued a child support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify the child support order if the order is the controlling order and: (1) at the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or (2) even if this State is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify the order. (b) Restriction.--A tribunal of this State that has issued a child support order consistent with the law of this State may not exercise its continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state, that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child, may modify the order and assume continuing, exclusive jurisdiction; or (2) the order is not the controlling order. (c) Modification.--(Deleted by amendment). (d) Faith and credit.--If a tribunal of another state has issued a child support order under a law substantially similar to this part which modifies a child support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d.1) Modification.--A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) Interim orders.--A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f) Duration and modification of spousal support orders.--(Deleted by amendment). (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.) 1997 Amendment. 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. Cross References. Section 7205 is referred to in sections 7202.1, 7207 of this title.

23 Pa.C.S. § 7206 Continuing jurisdiction to enforce child support orders.

(a) Initiating tribunal.--A tribunal of this State that has issued a child support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) the order, if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction under a law substantially similar to this part; or (2) a money judgment for arrears of support and interest on the order that accrued before a determination that an order of a tribunal of another state is the controlling order. (b) Responding tribunal.--A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. (c) Lack of jurisdiction.--(Deleted by amendment). (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7206 is referred to in sections 7202.1, 7207 of this title.

23 Pa.C.S. § 7207 Determination of controlling child support order.

(a) Single child support order.--If a proceeding is brought under this part and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (a.1) Multiple orders.--If a proceeding is brought under this part and two or more child support orders have been issued by tribunals of this State, another state or a foreign country with regard to the same obligor and same child, a tribunal of this State having personal jurisdiction over both the obligor and the individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this part, the order of that tribunal controls. (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this part, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but, if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized. (3) If none of the tribunals would have continuing, exclusive jurisdiction under this part, the tribunal of this State shall issue a child support order, which controls. (a.2) Request to determine controlling order.--If two or more child support orders have been issued for the same obligor and the same child, upon request of a party who is an individual or which is a support enforcement agency, a tribunal of this State having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (a.1). The request may be filed with a registration for enforcement or registration for modification under Chapter 76 (relating to registration, enforcement and modification of support order) or may be filed as a separate proceeding. The request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (b) Exclusive jurisdiction.--The tribunal that issued the controlling order under subsection (a), (a.1) or (a.2) is the tribunal that has continuing jurisdiction under section 7205 (relating to continuing, exclusive jurisdiction to modify child support orders) or 7206 (relating to continuing jurisdiction to enforce child support orders). (c) Basis of order.--A tribunal of this State which determines by order the identity of the controlling order under subsection (a.1)(1) or (2) or (a.2) or which issues a new controlling order under subsection (a.1)(3) shall state all of the following in that order: (1) The basis upon which the tribunal made its determination. (2) The amount of prospective support, if any. (3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited under section 7209 (relating to credit for payments). (d) Filing of copy of order.--Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the determining order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency that obtains a determining order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. Failure to file a copy of the determining order does not affect the validity or enforceability of the controlling order. (e) Recognition.--An order which has been determined to be the controlling order or a judgment for consolidated arrears of support and interest, if any, made under this section must be recognized in proceedings under this part. (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.) 1997 Amendment. 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. Cross References. Section 7207 is referred to in section 7611 of this title.

23 Pa.C.S. § 7208 Multiple child support orders for two or more obligees.

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this State. (Dec. 28, 2015, P.L.559, No.94, eff. imd.)

23 Pa.C.S. § 7209 Credit for payments.

Amounts collected and credited for a particular period pursuant to a child support order issued by a tribunal of another state or a foreign country must be credited against the amounts accruing or accrued for the same period under a child support order for the same child issued by the tribunal of this State. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) Cross References. Section 7209 is referred to in section 7207 of this title.

23 Pa.C.S. § 7210 Application of part to nonresident subject to personal jurisdiction.

A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this part, under other law of this State relating to a support order or recognizing a foreign support order, may receive evidence from outside this State under section 7316 (relating to special rules of evidence and procedure), communicate with a tribunal outside this State pursuant to section 7317 (relating to communications between tribunals) and obtain discovery through a tribunal outside this State under section 7318 (relating to assistance with discovery). In all other respects, 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) do not apply, and the tribunal shall apply the procedural and substantive law of this State. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 added section 7210.

23 Pa.C.S. § 7211 Continuing, exclusive jurisdiction to modify spousal support order.

(a) Modification.--A tribunal of this State issuing a spousal support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) Prohibition.--A tribunal of this State may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) Tribunal.--A tribunal of this State that has continuing, exclusive jurisdiction over a spousal support order may serve as: (1) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this State; or (2) a responding tribunal to enforce or modify the spousal support order issued by the tribunal. (Dec. 28, 2015, P.L.559, No.94, eff. imd.) 2015 Amendment. Act 94 added section 7211. Cross References. Section 7211 is referred to in section 7202.1 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