Current through Register Vol. 54, No. 42, October 19, 2024
Rule 1920.31 - Joinder of Related Claims. Ancillary Claims. Alimony. Counsel Fees. Costs and Expenses(a)(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). A party may not file a motion for the appointment of a master 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. The other party shall file the tax returns, Income Statement, and Expense Statement within 20 days of service of the moving party's documents.(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)(1) Orders for alimony may be enforced as provided by the rules governing actions for support and divorce, and in the Divorce Code.(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.The provisions of this Rule 1920.31 adopted June 27, 1980, effective 7/1/1980, 10 Pa.B. 2967; amended January 28, 1983, effective 7/1/1983, 13 Pa.B. 677; amended May 17, 1991, effective 7/1/1991, 21 Pa.B. 2615; amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1943; amended December 2, 1994, effective 3/1/1995, 24 Pa.B. 6263; amended April 21, 1995, effective 7/1/1995, 25 Pa.B. 1837; amended August 17, 1995, effective immediately, 25 Pa.B. 3584; amended May 31, 2000, effective 7/1/2000, 30 Pa.B. 3155; amended November 8, 2006, effective 2/6/2007, 36 Pa.B. 7113; amended October 30, 2007, effective immediately, 37 Pa.B. 5976; amended May 6, 2015, effective 7/1/2015, 45 Pa.B. 2457; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 477; amended June 1, 2018, effective 7/1/2018, 48 Pa.B. 3520; amended July 30, 2018, effective 1/1/2019, 48 Pa.B. 4960; amended October 19, 2021, effective 1/1/2022, 51 Pa.B. 6764.