231 Pa. Code Rule 1920.31. Joinder of Related Claims. Ancillary Claims. Alimony. Counsel Fees. Costs and Expenses.

Rule 1920.31. Joinder of Related Claims. Ancillary Claims. Alimony. Counsel Fees. Costs and Expenses.

(a)  Ancillary Claims.
   (1)  If a party has raised a claim for alimony, counsel fees, or costs and expenses, the parties shall file 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.C.P. No. 1910.27(c)(1), and a completed Expense Statement in the form required by Pa.R.C.P. No. 1910.27(c)(2)(B).
     (i)   A party may not file a motion for the appointment of a hearing officer or a request for court action regarding alimony, counsel fees, or costs and expenses until at least 30 days following the filing of that party’s tax returns, Income Statement, and Expense Statement.
     (ii)   The other party shall file the tax returns, Income Statement, and Expense Statement within 20 days of service of the moving party’s documents.

   Official Note
   See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.
   (2)  A divorce complaint shall not include claims for child support, spousal support, and alimony pendente lite. Instead, claims for child support, spousal support, and alimony pendente lite shall be raised in the domestic relations section by filing a complaint pursuant to Pa.R.C.P. No. 1910.4.
   (3)  If a party fails to file the documents as required by subdivision (a)(1), the court on motion may make an appropriate order under Pa.R.C.P. No. 4019 governing sanctions.
(b)  Alimony.
   (1)  Orders for alimony may be enforced as provided by the rules governing actions for support and divorce, and in the Divorce Code.

   Official Note
   See, inter alia, Section 3323(b) of the Divorce Code relating to enforcement of the rights of any party under a decree, Section 3505(a) of the Divorce Code relating to an injunction against disposition of property pending suit, and Section 3703 of the Divorce Code relating to the collection of arrearages.
   (2)  When so ordered by the court, payments for alimony shall be made to the domestic relations section of the court that issued the order.
(c)  The failure to claim spousal support, alimony, alimony pendente lite, counsel fees, and costs and expenses prior to the entry of a final decree of divorce or annulment shall be deemed a waiver of those claims, unless the court expressly provides otherwise in its decree. The failure to claim child support before the entry of a final decree of divorce or annulment shall not bar a separate and subsequent action.
(d)  Upon entry of a decree in divorce, an existing order for spousal support shall be deemed an order for alimony pendente lite if any economic claims remain pending.

Explanatory Comment—2018

   As amended, Pa.R.C.P. No. 1920.31 precludes parties from raising claims for child support, spousal support, and alimony pendente lite as counts in a divorce action. Instead, parties shall file those claims in the domestic relations section as a separate action from the divorce. The amendment of this rule is not intended to affect the legal distinction between spousal support and alimony pendente lite.

Source

   The provisions of this Rule 1920.31 adopted June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967; amended January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended May 17, 1991, effective July 1, 1991, 21 Pa.B. 2615; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended December 2, 1994, effective March 1, 1995, 24 Pa.B. 6263; amended April 21, 1995, effective July 1, 1995, 25 Pa.B. 1837; amended August 17, 1995, effective immediately, 25 Pa.B. 3584; amended May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended November 8, 2006, effective February 6, 2007, 36 Pa.B. 7113; amended October 30, 2007, effective immediately, 37 Pa.B. 5976; amended May 6, 2015, effective July 1, 2015, 45 Pa.B. 2457; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended July 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (402503) and (394391) to (394392).

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