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Contempt, Enforcement, Modification and Appeals of
Pennsylvania Orders |
By Lisa Marie Vari , Esquire
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Enforcement and Contempt of Pennsylvania custody orders
In Pennsylvania, if either parent fails to comply with a custody order, a request for a hearing on the issue of contempt must be presented and a hearing must be
conducted by a judge to determine if the person has violated the order of court. If a person willfully disobeys a Pennsylvania custody order, the judge could find
that person to be in contempt of the court order and sanctions could be imposed.
Sanctions for disobeying a Pennsylvania custody order could include imprisonment, assessment of attorney fees, or a transfer custody of to the noncustodial parent if
the custodial parent continually violates a custody order. If the noncustodial parent violates the order, the judge could modify and reduce or otherwise change the
noncustodial parent's custody rights. Furthermore, Pennsylvania and most other states have adopted some version of the Uniform Child Custody Jurisdiction &
Enforcement Act (UCCJEA), which provides that courts will recognize and enforce custody orders entered in other counties, states and countries so as to prevent child
abductions or parental kidnapping. In other words, a custody order entered by a court that had the authority to enter the order will be enforced by the courts where
the children are actually located except in rare circumstances.
Relocating to another county or state without advance notice to the non-custodial parent and an order of court permitting the relocation is frowned upon by the
courts and could result in severe repercussions, including loss of custody rights. For this reason, it is best for the custodial parent to inform the non-custodial
parent immediately if he or she wishes to move out of their current county or state and to inform the non-custodial parent of the reasons for the move.
If an agreement cannot be reached regarding the move, the custodial parent should immediately file a request for a hearing so that the judge can determine if the
children will be permitted to move with the custodial parent.
Modification of Pennsylvania child custody orders
Parents are free to agree to informally modify an existing Pennsylvania child custody order at any time. However, if either party wishes to modify a Pennsylvania
custody order and an agreement cannot be reached by the parents, either parent has the right to seek to modify the custody order through the court process.
Modification of Pennsylvania custody orders can be presented to the court at any time until the minor children's eighteenth birthdays. Pennsylvania judges are
required to consider the best interests of minor children and may grant a modification even if there has not been a change in circumstances. A request for
modification of a prior custody order must be filed to begin the formal court modification process. The UCCJEA also provides that modification of a Pennsylvania
child custody order must be requested from the court which had entered the most recent order. If the children have resided in a different county or state than the
court that entered the prior order, a request can be made to transfer any requests for modification to the county and state where the children have resided for at
least six months.
Enforcement and Contempt of Pennsylvania support orders
In recent years, enforcement of Pennsylvania support orders has become a priority in the family courts. The most common way of enforcing Pennsylvania support orders
is through the use of wage attachments. A wage attachment is an order of court entered that requires the employer of a person owing a support obligation to subtract
the court ordered amount for support from the employee's wages and mail the amount owed to the court. Federal laws provide that support orders entered in one state
will be enforced in another state.
If the person owing support fails to make their support payments on a timely basis, the past due amount is called support arrearages. If a person owes arrearages, a
judgment may be entered by the Pennsylvania family court for the total amount of past due child support or spousal support and that person's assets may be seized to
pay this judgment. Furthermore, failure to obey a Pennsylvania court order for support can result in a term of imprisonment, a fine, suspension of any state-issued
licenses (including licenses to engage in certain professions), reports to credit bureaus, liens on real estate, and interception of federal income tax refunds.
Modification of Pennsylvania support orders
A Pennsylvania child or support order or an order for payment of alimony can be modified if there has been a significant change of circumstances. The right to modify
the final Pennsylvania support order will be retroactive only to the date the request for modification has been filed with the court. In other words, the person
responsible for paying support must pay according to the existing order until the existing order has been changed by the court. Grounds for modification include,
but are not limited to, increases or decreases in income and the minor child obtaining age eighteen and graduating from high school.
Exceptions, Appeals and Appellate Rights in Pennsylvania
Many Pennsylvania county courts employ attorneys or other trained individuals to act as support hearing officers, conciliators, or support masters. These hearing
officers, conciliators, or masters often act as the initial decision-makers in support, custody and equitable distribution cases. If a party does not agree with their
decision, the party can file exceptions or an appeal and request that a trial judge decide their cases.
In some Pennsylvania counties, the judge conducts a "de novo" hearing, or in other words, starts from the beginning with testimony and evidence from the parties.
In other counties, the judge will make their decision by reviewing the recommendation, transcript of the testimony, other pleadings or documents relevant to the issue,
and briefs submitted by the parties. In this case, no additional testimony or evidence is permitted. If a party does not agree with the trial judge's decision,
another way to seek relief is to appeal to the Pennsylvania Superior Court.
In Pennsylvania, the parties have an absolute right to file an appeal to the Pennsylvania Superior Court. The Superior Court will assign at least three judges to
review the trial court's decision, the transcript of the hearing at the trial level, other relevant pleadings, and briefs submitted by the parties' attorneys.
Additional testimony and evidence will not be considered by the Superior Court. If either or both of the parties are dissatisfied with the Superior Court's decision,
they may request a review of the case by the Pennsylvania Supreme Court . However, there is no absolute right to have a case heard by the Supreme Court in family law
matters. Generally, the Supreme Court will grant review of the Superior Court's opinion only if the case involves an issue of substantial public importance.
Appeals are expensive--often costing as much if not more than the cost of the trial. The decision to appeal must be made promptly. Most appeals must be filed within
thirty days of the decision. However, there is generally only ten days to file an appeal to the decisions made by Hearing Officers, Masters, and Conciliators.
If the party fails to file the appeal within the requisite time period, the right to appeal may be lost.
Disclaimer
The statements in this article are based on Pennsylvania law and have been issued to inform and not advise. The statements are general in nature and individual facts
in a given case may alter their application or involve other laws not referred to here.
ABOUT THE AUTHOR
Lisa Marie Vari, has focused her legal efforts in the family law field for over ten years. Attorney Vari handles the most complicated aspects of the firm's divorce,
equitable distribution, support and child custody matters. Ms. Vari is a member of the Allegheny County Bar Association and the Pennsylvania Bar Association,
including the family law sections of both organizations, and the Allegheny County Matrimonial Inns of Court.
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