Pennsylvania Act 2008-104 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - WILLFUL FAILURE TO PAY SUPPORT ORDER

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S.) - WILLFUL FAILURE TO PAY SUPPORT
                                  ORDER
                 Act of Oct. 9, 2008, P.L. 1384, No. 104              Cl. 23
                             Session of 2008
                               No. 2008-104

     HB 1027

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for willful failure
        to pay support order.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 4354 of Title 23 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 4354.  Willful failure to pay support order.
        (a)  Offense defined.--An individual who willfully fails to
     comply with a support order of a court of this Commonwealth when
     the individual has the financial ability to comply with the
     support order commits [a summary offense] an offense.
        (b)  Application.--This section applies to all support cases,
     whether civil or criminal and whether the defendant is married,
     unmarried, separated or divorced.
        (c)  Jurisdiction.--Exclusive original jurisdiction of a
     proceeding under this section is vested in the courts of common
     pleas of this Commonwealth.
        (d)  Grading.--
            (1)  Except as otherwise provided for in paragraph (2),
        an offense under this section shall constitute a summary
        offense.
            (2)  An offense shall be graded a misdemeanor of the
        third degree if the individual convicted of the offense
        established residence outside this Commonwealth with the
        intention of not complying with the support order and either
        of the following apply:
                (i)  the offense is a second or subsequent offense
            under this section; or
                (ii)  the individual owes support in an amount equal
            to or greater than 12 months of the monthly support
            obligation.
        (e)  Costs and expenses to be borne by individual.--An
     individual convicted of an offense under this section who is
     apprehended outside this Commonwealth shall, in addition to any
     other sentence imposed, be sentenced to pay the costs and
     expenses of rendition.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 9th day of October, A. D. 2008.

     EDWARD G. RENDELL