(a) General rule.--If an obligee prevails in a proceeding to establish paternity or to obtain a support order, the court may assess against the obligor filing fees, reasonable attorney fees and necessary travel and other reasonable costs and expenses incurred by the obligee and the obligee's witnesses. Attorney fees may be taxed as costs and shall be ordered to be paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee shall have priority over fees, costs and expenses.
(a.1) Annual fee.--The Commonwealth shall impose a fee of $35 in each case in which an individual has never received assistance under Title IV-A of the Social Security Act (49 Stat. 620, 42 U.S.C. ยง 301 et seq.) and for whom the Commonwealth has collected at least $550 of support in a Federal fiscal year. The Commonwealth shall pay the $35 fee for those cases in which the annual collection is between $550 and $1,999.99. The $35 fee shall be collected from the custodial parent in cases where annual collections equal $2,000 or more. This subsection shall expire July 15, 2023.
(b) Lack of good cause for failure to pay on time.--If the court determines that the person subject to a child support order did not have good cause for failing to make child support payments on time, it may further assess costs and reasonable attorney fees incurred by the party seeking to enforce the order.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; May 13, 2008, P.L.144, No.16, eff. imd.; July 2, 2019, P.L.336, No.47, eff. imd.)
2019 Amendment. Act 47 amended subsec. (a.1).
1997 Amendment. Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support.
Cross References. Section 4351 is referred to in section 4374 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 43 - Support Matters Generally
Section 4301 - Scope of chapter
Section 4303 - Information to consumer reporting agency
Section 4304 - Cooperation of Commonwealth agencies (Repealed)
Section 4304.1 - Cooperation of government and nongovernment agencies
Section 4305 - General administration of support matters
Section 4306 - Duties of Title IV-D attorney
Section 4307 - State income tax intercept
Section 4308 - Lottery winnings intercept
Section 4308.1 - Collection of overdue support from monetary awards
Section 4309 - Publication of delinquent support obligors
Section 4321 - Liability for support
Section 4322 - Support guideline
Section 4323 - Support of emancipated child
Section 4324 - Inclusion of spousal medical support
Section 4325 - Payment of order of support
Section 4326 - Mandatory inclusion of child medical support
Section 4327 - Postsecondary educational costs
Section 4341 - Commencement of support actions or proceedings
Section 4342 - Expedited procedure
Section 4344 - Contempt for failure of obligor to appear
Section 4345 - Contempt for noncompliance with support order
Section 4346 - Contempt for noncompliance with visitation or partial custody order (Repealed)
Section 4347 - Security for attendance or performance
Section 4348 - Attachment of income
Section 4349 - Consolidation of proceedings
Section 4350 - Effect of appeal
Section 4352 - Continuing jurisdiction over support orders
Section 4354 - Willful failure to pay support order
Section 4355 - Denial or suspension of licenses
Section 4361 - Execution of support order against entireties property
Section 4362 - Plaintiff's share of proceeds of sale
Section 4363 - Trustee to distribute proceeds of sale
Section 4364 - Credit to plaintiff who purchases property
Section 4365 - Rights of divorced person in entireties property sold for support
Section 4366 - Other enforcement remedies preserved
Section 4372 - Establishment of Title IV-D program
Section 4373 - Administration of Title IV-D program
Section 4374 - State disbursement unit
Section 4375 - Access to records
Section 4376 - Central registry
Section 4377 - Power to expedite support cases
Section 4378 - Assistance recipients to seek support
Section 4379 - Cooperation required
Section 4380 - Enforcement of cooperation requirements
Section 4381 - Garnishment of wages of Commonwealth employees
Section 4392 - Employer reporting
Section 4393 - Use of information