231 Pa. Code r. 1910.1

Current through Register Vol. 54, No. 44, November 2, 2024

Rule 1910.1 - Scope. Definitions

(a) Except as provided by subdivision (b), the rules of this chapter govern all civil actions or proceedings brought in the court of common pleas to enforce a duty of support, or an obligation to pay alimony pendente lite.

(b) The rules of this chapter shall not govern

(1) an action or proceeding for support based upon a contract or agreement which provides that it may not be enforced by an action in accordance with these rules,

(2) an application for a temporary order of support and other relief pursuant to the Protection from Abuse Act of December 19, 1990, P. L. 1240, No. 206, 23 Pa.C.S. § 6101 et seq. or

(3) an action for support of an indigent brought pursuant to Chapter 46 of the Domestic Relations Code, 23 Pa.C.S.A. § 4601 et seq.

(c) As used in this chapter, unless the context of a rule indicates otherwise, the following terms shall have the following meanings:

"Conference officer," the person who conducts an office conference pursuant to Rule 1910.11.

"Hearing officer," the person who conducts a hearing on the record and makes recommendations to the court pursuant to Rule 1910.12.

'Overdue support," the amount of delinquent support equal to or greater than one month's support obligation which accrues after entry or modification of a support order as the result of obligor's nonpayment of that order.

"Past due support," the amount of support which accrues prior to entry or modification of a support order as the result of retroactivity of that order. When nonpayment of the order causes overdue support to accrue, any and all amounts of past due support owing under the order shall convert immediately to overdue support and remain as such until paid in full.

"Suspend," eliminate the effect of a support order for a period of time.

"Terminate," end not only the support order, but the support obligation as well.

"Trier-of-fact," the judge, hearing officer, or conference officer who makes factual determinations.

"Vacate," declare a particular support order null and void, as if it were never entered.

231 Pa. Code r. 1910.1

The provisions of this Rule 1910.1 amended November 7, 1988, effective 1/1/1989, 18 Pa.B. 5326; amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1953; amended April 15, 1994, effective 7/1/1994, 24 Pa.B. 2296; amended December 8, 1994, effective 7/1/1995, 24 Pa.B. 6399; amended May 31, 2000, effective 7/1/2000, 30 Pa.B. 3155; amended February 2, 2007, effective 2/3/2007, 37 Pa.B. 522; amended August 17, 2021, effective 1/1/2022, 51 Pa.B. 5539.