4348 - Attachment of income.

     § 4348.  Attachment of income.        (a)  Existing and certain future orders.--All orders of     support existing as of the effective date of this provision, as     well as all orders of support entered or modified after the     effective date of this provision but before June 30, 1990, shall     provide for mandatory attachment of income:            (1)  if the obligor is in arrears in payment in an amount        equal to or greater than one month's support obligation;            (2)  at the request of the obligor;            (3)  at the request of the obligee; or            (4)  as of July 1, 1991, except as provided by subsection        (b)(1) and (2).        (b)  Future orders.--All orders of support entered or     modified on or after July 1, 1990, shall, as part of the order,     provide for the mandatory attachment of income unless:            (1)  the obligor is not in arrears in payment in an        amount equal to or greater of one month's support obligation;        and            (2)  (i)  one of the parties demonstrates, and the court            finds, that there is good cause not to require immediate            income withholding; or                (ii)  a written agreement is reached between the            parties which provides for an alternative arrangement.     The court may, on its own motion, order the attachment of the     obligor's income where the court has a reasonable basis to     believe the obligor will not comply with the order of support.     In making this determination, the court may consider evidence of     the person's previous violations of orders entered in any     jurisdiction or evidence that the obligor has attempted to     conceal income or to transfer, convey or encumber property in     order to reduce the obligor's support obligation. Attachment     shall occur under this subsection without amendment to the order     of support and, if arrearages occur, without the need for a     judicial or administrative hearing.        (c)  Assessment of penalty.--The court may impose a penalty     of not more than 10% on any amount in arrears for 30 days or     more if the court determines that the arrearage was willful.        (d)  Arrearages.--If support arrearages exist at the time of     the entry of the order, the order shall specify all of the     following:            (1)  To whom an arrearage is owed and the amount of the        arrearage.            (2)  The period of time for which the arrearage is        calculated.            (3)  The amount of periodic support to be applied to        current support and the amount to be applied to arrearages.            (4)  If support arrearages are owed to more than one        obligee, how payments are to be divided and in which        priority.            (5)  A direction that all payments are to be credited to        current support obligations first, with any payment in excess        to be applied to arrearages.        (d.1)  Insurance.--If an obligor or obligee is in violation     of an order under section 4326(j)(3) (relating to mandatory     inclusion of child medical support), the attachment shall be in     favor of the appropriate provider of health care coverage.        (e)  Attachment process.--            (1)  The obligor shall be given notice of the attachment        of his income. Such notice shall specify all of the        following:                (i)  The amount to be withheld on account of current            support and on account of arrears.                (ii)  That the order of attachment shall apply to            current and future employers.                (iii)  That the grounds for contesting the order of            attachment shall be limited to mistakes of fact. Mistakes            of fact shall be limited to errors in the amount of            current support owed, errors in the amount of arrearage,            an attachment in excess of the maximum amount set forth            in subsection (g) or mistaken identity of the obligor.                (iv)  That attachment has occurred or shall occur in            all cases within ten days of the issuance of the notice.                (v)  A notice of how and when the order may be            contested.            (2)  To contest the order, the obligor must appear before        the domestic relations section no later than ten days after        issuance of the notice, at which time it will be determined        if a mistake of fact has occurred. If so, the order shall be        modified accordingly.        (f)  Request of obligor.--The court shall also order the     attachment of income where the obligor so requests.        (g)  Maximum amount.--The maximum amount of any attachment     under this section shall not exceed the limits set forth in the     Consumer Credit Protection Act (Public Law 90-321, 15 U.S.C. §     1601 et seq.).        (h)  Termination.--The court may order the termination of an     order of attachment in any of the following instances:            (1)  The support obligation has terminated and the total        arrearages are paid.            (2)  Where the payee cannot be located and it becomes        impossible to forward payments.            (3)  The result would be unconscionable.        (i)  Notice to employer.--The employer of an obligor shall be     given notice of the attachment as provided by the Rules of Civil     Procedure governing support. This notice shall include reference     to subsections (g), (k), (l), (n) and (o) and all of the     following:            (1)  The amount to be attached.            (2)  That the attachment shall be implemented as soon as        possible and no later than 14 days from the issuance of the        notice to the employer.            (3)  That the attachment payment must be sent to the        domestic relations section or State disbursement unit, as        appropriate, within seven business days of the date the        obligor is paid.            (4)  That the attachment order is binding upon the        employer until further notice.            (5)  That the employer may combine attachment payments        into a single payment to the domestic relations section and        separately identify the portions attributable to each        obligor.            (6)  That the employer must notify the domestic relations        section when the obligor terminates employment and provide        his last known address and the new employer's name and        address, if known.        (j)  Effect of compliance by employer.--Compliance by an     employer with an order of attachment of income that is regular     on its face operates as a discharge of the civil liability of     the employer to the obligor as to that portion of the employment     income of the obligor affected. An employer shall not be subject     to criminal or civil liability to any individual or agency for     conduct in compliance with the order. The employer may deduct     from the income of the obligor 2% of the amount paid under the     order for reimbursement of the expense in complying with the     order. In no case shall the employer's reimbursement be deducted     from the amount of the support order.        (k)  Effect of noncompliance by employer.--            (1)  An employer or officer or employee thereof who        willfully fails to comply with an order of attachment under        this chapter may, as prescribed by general rule, be adjudged        in contempt and committed to jail or fined by the court.            (2)  The employer shall be liable for any amount the        employer willfully fails to withhold from income due an        employee under an order of attachment of income and any        amount which is withheld from such income but not forwarded        to the domestic relations office.            (3)  The court may, pursuant to general rule, attach        funds or property of an employer.        (l)  Disciplinary action by employer prohibited.--            (1)  When an order of attachment on income withholding is        about to be or has been entered, an employer or officer or        employee thereof shall not use the attachment or possibility        thereof as a basis, in whole or in part, for the refusal to        employ or for the discharge of an employee or for any        disciplinary action against or demotion of an employee. In        case of a violation of this subsection, the employer or        officer or employee thereof may be adjudged in contempt and        committed to jail or fined by the court.            (2)  Any employee aggrieved by a violation of this        subsection shall have the substantive right to bring an        action for damages by reason of such violation in a court of        competent jurisdiction.            (3)  The department or a domestic relations section may        impose a civil penalty of up to $1,000 per violation against        any employer that willfully violates the provisions of this        subsection or that willfully fails to withhold income or to        pay such amounts to the State disbursement unit.        (m)  Certify income.--Upon request of the domestic relations     section, the employer shall report and certify the income of an     employee.        (n)  Bonding.--The court may attach forms of income other     than wages, assets, including spendthrift trusts, and private,     public, State, county and municipal pensions, and include     bonding or other requirements in cases involving obligors whose     income is from sources other than wages, in order to assure that     support owed by obligors in this Commonwealth will be collected     without regard to the types of these obligors' income or the     nature of their income-producing activities.        (o)  Priority of attachment.--(Deleted by amendment).        (p)  Nonresidents.--Income attachment shall be available to     obligees residing outside this Commonwealth where the income of     the obligor is derived in this Commonwealth.        (q)  Priority of attachment.--An order of attachment for     support shall have priority over any attachment, execution,     garnishment or wage assignment. The Supreme Court shall by     general rule provide for priorities for withholding and     allocating income withheld for multiple child support obligees     received by an employer for the same obligor under this section     and Chapter 75 (relating to direct enforcement of order of     another state without registration).        (r)  Information requests.--            (1)  Upon the request of the department, a county        domestic relations section or a child support agency of        another state, any employer doing business within this        Commonwealth, including a for-profit, not-for-profit or        governmental employer, shall promptly provide information        regarding the employment, compensation and benefits of any        employee or contractor of the employer.            (2)  In addition to any other remedy allowed by law, the        department may impose a civil penalty of up to $1,000 per        violation on an individual or entity that willfully fails to        comply with a request for information under paragraph (1).     (Dec. 20, 1989, P.L.654, No.81, eff. imd.; Dec. 4, 1992,     P.L.757, No.114, eff. 90 days; Oct. 16, 1996, P.L.706, No.124,     eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998;     Dec. 15, 1998, P.L.963, No.127, eff. imd.)        1998 Amendment.  Act 127 added subsec. (r). Act 127 of 1998     was suspended by Pennsylvania Rule of Civil Procedure No.     1910.50(3), as amended May 31, 2000, insofar as it is     inconsistent with Rule No.1910.20 relating to the availability     of remedies for collection of past due and overdue support.        1997 Amendment.  Act 58 amended subsecs. (b), (e)(1) intro.     par., (i) and (iv) and (2), (i)(3), (j) and (l)(1), deleted by     amendment subsec. (o) and added subsecs. (l)(3) and (q). Act 58     of 1997 was suspended by Pennsylvania Rule of Civil Procedure     No. 1910.50(3), as amended May 31, 2000, insofar as it is     inconsistent with Rule No.1910.20 relating to the availability     of remedies for collection of past due and overdue support.        1992 Amendment.  Act 114 added subsec. (d.1). Section 4(2) of     Act 114 provided that subsec. (d.1) shall apply to support     orders entered prior to the effective date of Act 114.        1989 Amendment.  Act 81 amended subsecs. (a) and (b).        Cross References.  Section 4348 is referred to in sections     4305, 4326, 7101, 7605, 8101 of this title.