Rule 1920.51 - Appointment of Divorce Hearing Officer. Notice of Hearing. Fees as Costsa)Qualifications of Divorce Hearing Officer: The divorce hearing officer shall be appointed by the court to serve at will and shall serve in the 51st Judicial District pursuant to the applicable Pennsylvania Rules of Civil Procedure and 51st Judicial District Rules of Civil Procedure. Compensation shall be at a rate established by Administrative Order. The divorce hearing officer shall have at least five (5) years of experience in family law cases, including divorce litigation. In the event of disqualification, unavailability or recusal by the divorce hearing officer, the court may, in its discretion, appoint an alternate officer hear the case.b)Motion to Appoint Divorce Hearing Officer. Order: Either party may file a motion and proposed Order of Court for an appointment of a divorce hearing officer to hear claims as permitted by Pa. R.Civ.P. No. 1920.51, along with the required deposit and filing fee. The court shall appoint the divorce hearing officer in accordance with the claims to be determined as set forth in the motion. The form of the Motion for Appointment of Divorce Hearing Officer and Order shall be substantially as set forth in Pa. R.Civ.P. No. 1920.74 and shall aver whether any acting divorce hearing officer is disqualified from acting as the hearing officer in the action along with the basis for disqualification. When applicable pursuant to Pa. R.Civ.P. Nos. 1920.31 and 1920.33, the moving party must certify in writing as to the filing of a true copy of the most recent federal income tax return, pay stubs for the preceding six months, a completed Income Statement in the form required by Pa.R.Civ.P. No. 1910.27(c)(1), a completed Expense Statement in the form required by Pa.R.Civ.P. No. 1910.27(c)(2)(B), and/or an Inventory substantially in the form set forth in Pa.R.Civ.P. No. 1920.75. The motion must certify that discovery is complete for the claims which the divorce hearing officer is being requested to hear. The Prothonotary shall electronically transmit all pleadings on an ongoing basis to the appointed divorce hearing officer during the pendency of the appointment.
c) Fees as Costs. Payment of Divorce Hearing Officer's Fees. Return of Excess Funds on Deposit.A deposit as determined by the court shall be paid to the Prothonotary at the filing of the Motion for the Appointment of the Divorce Hearing Officer. The deposit shall be applied to the divorce hearing officer's bill of cost as submitted and approved by the court. The divorce hearing officer's fees shall be regarded as costs of the case and the divorce hearing officer may recommend the manner in which those costs shall be allocated. Once appointed, the divorce hearing officer may direct at any time that additional deposits be made. In the event that the divorce hearing officer or the court assesses costs against a party to the action, the costs shall be paid in full or a sufficient amount to cover the costs shall be deposited to the Prothonotary within thirty (30) days of the date of the court order. If the payment or deposit is not made within that time frame, in addition to other remedies, the court may direct the divorce hearing officer to liquidate sufficient marital property to pay all sums due and owing. Following the filing of the divorce hearing officer's Report and Recommendation, the divorce hearing officer may file a motion and proposed order requesting payment of fees, along with a recommendation as to the return of any excess fees deposited on account, if applicable. In the event that there are not sufficient funds on deposit with the Prothonotary, the proposed order shall include the requested method of payment of such additional fees not covered by the deposits by the parties in conformity with the Report and Recommendation, or by such third parties as the court may direct.
In any action where the appointment of the divorce hearing officer is withdrawn after the appointment has been made by the court, the party who paid the fees may petition the court for return of the fees, less any costs or fees already incurred.
d)Delay in Appointment of the Divorce Hearing Officer: The court may reject or delay the appointment of the divorce hearing officer for any one of the following procedural defects: 1. Failure of a party to obtain court approval of grounds for divorce under 3301(c)(1), 3301(c)(2) and 3301(d) divorce claims as required by Pa. R.Civ.P. No. 1920.42;2. Failing to file an Inventory when required to do so by Pa. R.Civ.P. No. 1920.33(a); or the motion for the appointment was filed less than 30 days after filing of the moving party's Inventory;3. The motion does not indicate that discovery is complete for the claims for which the divorce hearing officer is requested to adjudicate;4. Either party has raised a claim for alimony, counsel fees or costs and expenses and the filing party has failed to file his/her Income and Expense Statements as required by Pa. R.Civ.P. No. 1910.27(c)(2)(b), copies of pay stubs for the preceding six months and copies of most recent federal income tax return as require by Pa. R.Civ.P. No. 1920.31;5. The defendant has been properly served and fails to appear in the action and the Plaintiff has not filed an Affidavit of Non-Military Service pursuant to Pa. R.Civ.P. No. 1920.46; or6. If the divorce hearing officer finds the proceedings to be fatally defective in any particular, they shall make a prompt report to the court. If the divorce hearing officer finds that a defect may be curable by amendment, s/he shall notify counsel and suspend further action pending correction. If no correction is made, the divorce hearing officer shall make a prompt report thereof to the court.Amended effective 7/10/2023; amended effective 12/23/2023.