§ Rule 1910.1 Scope Definitions
Rule 1910.1. Scope. Definitions
(a) Except as provided by subdivision (b), the rules of this chapter govern all civil actions or proceedings brought in the court of common pleas to enforce a duty of support, or an obligation to pay alimony pendente lite.
Note: A duty of support is imposed by the following statutes: 23 Pa.C.S.A. § 4321 and Section 3 of the Support Law of June 24, 1937, P.L. 2045, 62 P.S. § 1973 (repealed) now Act 43-2005, July 7, 2005, P.L. 196. The procedure under the rules of this chapter implements Chapter 43 of Part V of the Domestic Relations Code, Title 23 of the Consolidated Statutes, 23 Pa.C.S.A. § 4301 et seq., relating to support proceedings. The procedure under these rules provides an alternative to the intrastate and interstate procedures under Parts VIII and VIII-A of the Domestic Relations Code, 23 Pa.C.S.A §§ 7101 et seq. and 8101 et seq. For alimony and alimony pendente lite, see Sections 3701 and 3702 of the Divorce Code, 23 Pa.C.S.A §§ 3701, 3702.
Long arm jurisdiction is available in support actions brought pursuant to these rules per 23 Pa.C.S.A. § 4342(c).
(b) The rules of this chapter shall not govern
(1) an action or proceeding for support based upon a contract or agreement which provides that it may not be enforced by an action in accordance with these rules,
(2) an application for a temporary order of support and other relief pursuant to the Protection from Abuse Act of December 19, 1990, P.L. 1240, No. 206, 23 Pa.C.S.A § 6101 et seq. or
(3) an action for support of an indigent brought pursuant to Chapter 46 of the Domestic Relations Code, 23 Pa.C.S.A. § 4601 et seq.
Note: Where a contract or agreement provides that it cannot be enforced in accordance with the rules, actions upon a contract or agreement for support are to be heard by the court and not a conference officer or hearing officer under Rules 1910.11 or 1910.12. However, such actions should be expedited and given preference in court listings.
(c) As used in this chapter, unless the context of a rule indicates otherwise, the following terms shall have the following meanings:
“Conference officer,” the person who conducts an office conference pursuant to Rule 1910.11.
“Hearing officer,” the person who conducts a hearing on the record and makes recommendations to the court pursuant to Rule 1910.12.
“Overdue support,” the amount of delinquent support equal to or greater than one month's support obligation which accrues after entry or modification of a support order as the result of obligor's nonpayment of that order.
“Past due support,” the amount of support which accrues prior to entry or modification of a support order as the result of retroactivity of that order. When nonpayment of the order causes overdue support to accrue, any and all amounts of past due support owing under the order shall convert immediately to overdue support and remain as such until paid in full.
“Suspend,” eliminate the effect of a support order for a period of time.
“Terminate,” end not only the support order, but the support obligation as well.
“Trier of fact,” the judge, hearing officer, or conference officer who makes factual determinations.
“Vacate,” declare a particular support order null and void, as if it were never entered.