23 Pa. C.S. § 7101.1

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 7101.1 - Definitions

Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child." An individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

"Child support order." A support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

"Convention." The Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at the Hague on November 23, 2007.

"Department." The Department of Human Services of the Commonwealth.

"Duty of support." An obligation imposed or imposable by law to provide support for a child, spouse or former spouse. Theterm includes an unsatisfied obligation to provide support.

"Foreign country." A country, including a political subdivision of a country other than the United States, which authorized the issuance of support orders and:

(1) has been declared under the law of the United States to be a foreign reciprocating country;

(2) has established a reciprocal arrangement for child support with this State as provided in section 7308 (relating to supervisory duty);

(3) has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this part; or

(4) in which the convention is in force with respect to the United States.

"Foreign support order." A support order of a foreign tribunal.

"Foreign tribunal." A court, administrative agency or quasi- judicial entity of a foreign country which is authorized to establish, enforce or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention.

"Home state." The state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with the parent or such person. A period of temporary absence of the parent or such person is counted as part of the six-month or other period.

"Income." The term includes earnings or other periodicentitlements to money from any source and any other property subject to withholding for support under the law of this State.

"Income-withholding order." An order or other legal process directed to an obligor's employer or other debtor, in accordance with section 4348 (relating to attachment of income), to withhold support from the income of the obligor.

"Initiating tribunal." The tribunal of a state or a foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

"Issuing foreign country." The foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

"Issuing state." The state in which a tribunal issues a support order or a judgment determining parentage of a child.

"Issuing tribunal." The tribunal of a state or a foreign country that issues a support order or a judgment determining parentage of a child.

"Law." The term includes decisional and statutory law and rules and regulations having the force of law.

"Obligee." Any of the following:

(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued.

(2) A foreign country, state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support.

(3) An individual seeking a judgment determiningparentage of the individual's child.

(4) The Department of Human Services.

(5) A person who is a creditor in a proceeding under Chapter 77A (relating to support proceeding under convention).

"Obligor." An individual or the estate of a decedent that:

(1) owes or is alleged to owe a duty of support;

(2) is alleged but has not been adjudicated to be a parent of a child;

(3) is liable under a support order; or

(4) is a debtor in a proceeding under Chapter 77A (relating to support proceeding under convention).

"Outside this State." A location in another state or a country other than the United States, whether or not the country is a foreign country.

"Person." An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision or agency or instrumentality or any other legal or commercial entity.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Register." To record in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or foreign country.

"Registering tribunal." A tribunal in which a support order or judgment determining parentage of a child is registered.

"Responding state." A state in which a petition or comparable pleading for support or to determine parentage of achild is filed or to which a petition or comparable pleading is forwarded for filing from another state or foreign country.

"Responding tribunal." The authorized tribunal in a responding state or foreign country.

"Secretary." The Secretary of Human Services of the Commonwealth.

"Spousal support order." A support order for a spouse or former spouse of the obligor.

"State." A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation tribe.

"Support enforcement agency." A public official, governmental entity or private agency authorized to:

(1) seek enforcement of support orders or laws relating to the duty of support;

(2) seek establishment or modification of child support;

(3) request determination of parentage of a child;

(4) attempt to locate obligors or assets of an obligor; or

(5) request determination of the controlling child support order.

"Support order." A judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or a foreign country for the benefit of a child, spouse or former spouse, which provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automaticadjustment, reasonable attorney fees and other relief.

"Tribunal." A court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.

"Tribunal of this State." A court of common pleas.

23 Pa.C.S. § 7101.1

Added by P.L. TBD 2015 No. 94, § 3, eff. 12/28/2015.