Rule 1910.17.A - Support Order. Private Pay Orders. Arrears. Property Settlement Agreements. Registration. Effective Date(a) All orders for Support and alimony pendente lite shall be paid through the Domestic Relations Office. No orders providing for direct payment of moneys shall be accepted for filing at the Domestic Relations Office, except as follows:(1) In those cases where a Chester County Divorce action is pending, private pay support orders may be filed with the Office of the Prothonotary under the Divorce Docket number.(b) In no instance will a miscellaneous docket number be issued either by the Domestic Relations Office or the Office of the Prothonotary. Comment: In lieu of utilizing private pay orders the parties may request no wage attachment issue on matters payable through PA SCDU.
(c) Requests for modification shall be brought under the Divorce Docket number and heard before the Court. The Court may in its discretion order the matter be registered at the Domestic Relations Office for the purposes of the instant modification hearing and subsequent payment.(d) Every order filed under a Domestic Relations Office docket number and PACSES identification number shall include a provision for payment toward outstanding arrears. Domestic Relations shall not accept for filing any order that fails to include such a provision. Comment: This provision applies to all support orders filed with the Domestic Relations Office. If there are no arrears due on a case, the arrears provision in the order will not be enforced via wage attachment or any other enforcement remedy. If arrears become due at a later date, the Domestic Relations Office will enforce the arrears provision via wage attachment and any other applicable enforcement remedy.
(e) The Domestic Relations Office shall enforce the support terms and provisions of any property settlement agreement effective the date such agreement is registered with that office. (1) Any party seeking registration of an incorporated Property Settlement Agreement for enforcement purposes shall: (i) provide to the Domestic Relations Office a certified copy of the divorce decree including a complete, executed copy of the property settlement agreement; and(ii) completed copies of the Domestic Relations Office information sheets.(iii) The registering party shall within five (5) days serve the responding party with notice of registration and file a certificate of service, thereto.Comment: For the time period prior to registration with the Domestic Relations Office, the parties may seek to enforce the provisions of a property settlement agreement by filing the appropriate petition with the Family Court.
Chest. Cnty. Ct. Comm. Plea. R. 1910.17.A
Amended effective 6/13/2022.