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PA Bulletin, Doc. No. 08-1578

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 1910 ]

Order Amending Rule 1910.21; No. 496; Doc. No. 5

[38 Pa.B. 4735]
[Saturday, August 30, 2008]

Order

Per Curiam:

   And Now, this 13th day of August, 2008, Rule 1910.21 of the Pennsylvania Rules of Civil Procedure is amended as follows.

   This order shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.21. Support Order. Enforcement. Withholding of Income.

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   (c)  Order for Withholding. An order for income withholding must include a provision directing that no commutation or compromise and release of worker's compensation benefits, severance pay or any payment in lieu thereof shall be paid to the defendant until the order for withholding is dissolved by further order of court.

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   (f)  Income Withholding When the Obligor Defaults on Support Order.

   (1)  When an obligor is subject to an order for income withholding and payment is received from the employer within 15 days from the date upon which the obligor's obligation would be considered overdue (i.e. the date upon which delinquent support is equal to one month's support obligation), the payment shall be considered timely and any past due support shall not be converted to overdue support or subject to automated enforcement mechanisms.

   (2)  When nonpayment of the support order by the obligor causes overdue support to accrue, the court may increase the order for income withholding until the overdue support is paid in full. The court may also direct the employer to withhold any periodic or lump sum distributions of income which may be payable to the obligor in addition to regular income until further order of court.

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Explanatory Comment--2008

   New subdivision 1910.21(f)(1) is intended to address circumstances in which an employer timely withholds income from an obligor pursuant to an income withholding order, but a delay occurs in receipt of the funds by the State Collection and Disbursement Unit. In those cases, it would be inappropriate to consider the obligor's payment as untimely and convert past due support to overdue support because an obligor subject to an income withholding order has no control over the timing of the transmission of the funds from the employer. This new rule addresses solely timing issues by providing a 15-day grace period. It does not apply to obligors who are not subject to an order for income withholding.

[Pa.B. Doc. No. 08-1578. Filed for public inspection August 29, 2008, 9:00 a.m.]


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