Rule 1910.2-1. Procedures Pursuant to the Intrastate Family Support Act.
(a) The court in the county in which the complaint for support is filed shall retain and process the case for so long as all of the following conditions are met:
(1) there is proper venue pursuant to Rule 1910.2;
(2) the defendant-obligor’s mailing address is known;
(3) sufficient information is known about the defendant-obligor’s employment to enable the court to issue an earnings subpoena; and
(4) the obligee consents.
Official Note
A support action should be maintained in the county in which the obligee and/or the child(ren) reside and should not involve a second county unless the county of residence is unable to obtain service on the defendant-obligor or obtain information regarding the defendant-obligor’s employment. However, the obligee is permitted to request that the case proceed under the Intrastate Family Support Act (IFSA) in accordance with 23 Pa.C.S. § 8103.
If the venue requirements are met, the court in the obligee’s county of residence should attempt to retain the case if there already is an order in that county against the same defendant-obligor in this or another child/spousal support case or if the defendant-obligor is incarcerated.
(b) If courts in two or more counties must be involved in the establishment and enforcement of an obligation for support:
(1) the case must proceed pursuant to the Intrastate Family Support Act; and
(2) venue shall follow the defendant-obligor in order to maintain the availability of statutory enforcement remedies.
(c) A support order shall not be registered in another county unless:
(1) requested by the obligee, or
(2) necessary to maintain an order for support, to obtain payment of the support obligation or to consolidate multiple cases involving the same defendant-obligor.
(d) Only one support order shall be charging against a defendant-obligor for the same spouse and/or child(ren) at one time.
Source The provisions of this Rule 1910.2-1 adopted October 31, 2002, effective immediately, 32 Pa.B. 5632.
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