§ Rule 1920.31 Joinder of Related Claims Child and Spousal Support Alimony Alimony Pendente Lite Counsel Fees Expenses

Codes > Pennsylvania Rules of Civil Procedure > Action of > Rule 1920.31

Rule 1920.31. Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses

    (a) (1) Within thirty days after the service of the pleading or petition containing a claim for alimony or counsel fees, costs and expenses, each party shall file a true copy of the most recent federal income tax return, pay stubs for the preceding six months, a completed Income Statement in the form required at Rule 1910.27(c)(1) and a completed Expense Statement in the form required by Rule 1910.27(c)(2)(B). If a claim for child support, spousal support or alimony pendente lite is raised in a divorce complaint, no expense form is needed in a support action that can be decided pursuant to the support guidelines unless a party claims unusual needs or unusual fixed expenses or seeks deviation pursuant to Rule 1910.16-5 or apportionment of expenses pursuant to Rule 1910.16-6.

        (2) If a party fails to file the documents as required by subdivision (a) (1), the court on motion may make an appropriate order under Rule 4019 governing sanctions.

        (3) In those counties in which the prothonotary's office does not automatically forward a divorce complaint containing claims for support or alimony pendente lite to the domestic relations section or other appropriate office, if a claim for support or alimony pendente lite is filed as a count in a divorce rather than as a separate action, the award shall be retroactive to the date the moving party delivers a copy of the complaint to the domestic relations section or other appropriate office with a demand for hearing.

    (b)(1) Orders of child support, spousal support, alimony or alimony pendente lite may be enforced as provided by the rules governing actions for support and divorce, and in the Divorce Code. [FN1]

    Note: See, inter alia, Section 3323(b) of the Divorce Code relating to enforcement of the rights of any party under a decree, Section 3505(a) relating to injunction against disposition of property pending suit, and Section 3703 relating to collection of arrearages.

        (2) When so ordered by the court, all payments of child or spousal support, alimony or alimony pendente lite shall be made to the domestic relations section of the court which issued the order.

    (c) The failure to claim spousal support, alimony, alimony pendente lite or counsel fees and expenses prior to the entry of a final decree of divorce or annulment shall be deemed a waiver thereof unless the court expressly provides otherwise in its decree. The failure to claim child support shall not bar a separate and subsequent action therefor.

    (d) Upon entry of a decree in divorce, any existing order for spousal support shall be deemed an order for alimony pendente lite if any economic claims remain pending.

    [FN1] 23 Pa.C.S.A. § 3101 et seq.