THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

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,

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.