Bill Text: PA HB1206 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for civil claim for damages intercept.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-03-28 - Referred to JUDICIARY [HB1206 Detail]

Download: Pennsylvania-2011-HB1206-Introduced.html

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PRINTER'S NO. 1316
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1206 Session of2011
INTRODUCED BY YOUNGBLOOD, CRUZ AND W. KELLER, MARCH 28, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 28, 2011
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, providing for civil claim for damages
intercept.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4308.2. Civil claim for damages intercept.
(a) General rule.--Upon resolution of a civil claim for
damages, regardless of whether a lawsuit or complaint has been
filed on the claim, and where the claimant is entitled to
receive a monetary award or settlement as a result of such
resolution, the attorney for the claimant shall:
(1) Submit a certification to the district attorney's
child support enforcement unit in the county of the
claimant's residence or the domestic relations section where
no district attorney's child support enforcement unit exists.
The certification shall include the full name, address,
Social Security number and date of birth of the claimant
entitled to receive the monetary award or settlement.
(2) Withhold disbursement of any moneys due to the
claimant for 30 days after the submission of the
certification.
(b) Obligor check.--
(1) After receipt of a certification under subsection
(a), the district attorney's child support enforcement unit
or the domestic relations section shall ascertain whether the
claimant has a child support obligation.
(2) After calculation of amounts owed for attorney fees,
witness fees, fees for health care providers and payment of
liens which may be subject to the award, including, but not
limited to, taxes, mechanics' liens, court costs and related
items, the attorney for the claimant shall withhold any money
remaining out of the award or settlement pending review by
the district attorney's child support enforcement unit or
domestic relations section hearing officer for determination
of any child support obligation.
(c) Hearing.--Any party to a child support action shall be
entitled to a court hearing to determine the application of any
money withheld under this section. This hearing may not consider
modification of the existing arrears or amount of support, but
shall be used solely to determine if any money recovered as a
result of the award or settlement should be used to pay the
child support.
(d) Notice.--The attorney for the claimant may disburse
money due to the claimant for purposes other than those
specified in subsection (a) if notice that the claimant owes any
child support arrearages is not received from the district
attorney's child support enforcement unit or the domestic
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relations section within the 30-day period.
(e) Immunity.--An attorney for a claimant who has not
received notice from the district attorney's child support
enforcement unit or the domestic relations section within the
30-day period and disburses money due to that claimant after the
30-day period for purposes other than those specified in
subsection (a) shall be immune from civil or criminal liability.
(f) Liability.--An attorney who withholds money pending a
determination by the district attorney's child support
enforcement unit or the domestic relations section shall not be
liable for payments which otherwise would have been made under
subsection (a) which were not so identified to the attorney.
(g) Written determination.--An attorney who receives a
written determination by the district attorney's child support
enforcement unit or the domestic relations section within the
30-day period and as soon as practicable forwards the money to
the district attorney's child support enforcement unit or the
domestic relations section for payment to the child support
obligee shall not be liable to the claimant or to the claimant's
creditors.
(h) Challenge.--The attorney shall not be required to
challenge the district attorney's child support enforcement
unit's or the domestic relations section's determination as to
child support obligation unless retained by the claimant to do
so.
(i) Definition.--As used in this section, the term "money
due to the claimant" does not include money for attorney fees,
witness fees, court costs, fees for health care providers,
payment of liens which may be subject to the award, including,
but not limited to, taxes, mechanics' liens and related items,
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which shall be disbursed immediately.
Section 2. This act shall apply to all matters pending on or
after the effective date of this act.
Section 3. This act shall take effect in 120 days.
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