Enforcing a Custody or Support Order in Pennsylvania

Start with the order itself

A Pennsylvania custody order must state its terms in enough detail for a party to enforce it through law enforcement authorities (23 Pa.C.S. § 5323(f)), and the rules require a separate written order with terms specific enough to enforce (Pa.R.Civ.P. 1915.10(b)). Before you file, find the exact paragraph the other parent did not follow.

Civil contempt of a custody order

A party who willfully fails to comply with any custody order may be held in contempt, as prescribed by court rule (§ 5323(g)(1)). The petition under Rule 1915.12 has these parts:

1. A Notice and Order to Appear at the front, telling the respondent the date and place of the hearing and that the court may issue a warrant if they do not appear (Rule 1915.12(a)). The statewide version is Form 7, Notice and Order to Appear.
2. The petition, stating the facts that show a willful failure to comply, with a copy of the custody order attached (Rule 1915.12(b) and (c)). The statewide version is Form 6, Petition for Civil Contempt for Disobedience of Custody Order, which you verify subject to 18 Pa.C.S. § 4904.
3. A Criminal Record/Abuse History Verification, which the petitioner files when starting a contempt proceeding (Rule 1915.3-2(a)(2)).

The petition may be served by personal service or regular mail, and no answer is required. If it is mailed, the hearing cannot be held sooner than seven days after mailing unless the court orders an earlier hearing for cause. If the respondent does not appear, the court continues the hearing and may order personal service or issue a bench warrant to bring the respondent to court (Rule 1915.12(d)). The date itself comes from your county’s scheduling procedure; the Form 7 instructions tell you to check county rules or contact the court administrator’s office.

What the court can order

Under § 5323(g)(1), contempt of a custody order is punishable by one or more of:

• imprisonment for not more than six months;
• a fine of not more than $500;
• probation for not more than six months;
• an order for nonrenewal, suspension, or denial of operating privilege under 23 Pa.C.S. § 4355; and
• counsel fees and costs.

An order committing someone to jail must state the condition that, once met, will result in release (§ 5323(g)(2); Rule 1915.12(e)). Separately, a court may award counsel fees and costs if a party’s conduct was obdurate, vexatious, repetitive, or in bad faith (§ 5339).

Other enforcement paths

• Evaluation orders. A contempt petition for failing to comply with a court-ordered evaluation is handled in an expedited manner (Rule 1915.8(d)).
• Moving without notice. Failing to give reasonable notice of a relocation can be a ground for contempt and sanctions (23 Pa.C.S. § 5337(j)(5)).
• Changing the order. If the order is not working, a petition to modify it is a separate route. See the modification guide.
• Protection from abuse. A violation of a protection order is handled under the Protection From Abuse Act, which provides for arrest and indirect criminal contempt (23 Pa.C.S. §§ 6113 and 6114). See the emergency relief guide.

Enforcing child support

Every support order is enforced by income withholding as the law requires (Rule 1910.20(a)). Each support payment becomes a judgment against the obligor by operation of law on and after its due date (23 Pa.C.S. § 4352(d)). If the obligor does not comply, other remedies under Rule 1910.20(b) include liens on real property, attachment of bank accounts, reporting to consumer reporting agencies, and, when three months or more of support is overdue, suspension of licenses.

The obligee may file a petition for civil contempt at any time, and the domestic relations section must file one in the situations listed in Rule 1910.25(a). Willful failure to comply with a support order is punishable by one or more of imprisonment for not more than six months, a fine of not more than $1,000, and probation for not more than one year, and a jail order must state the condition for release (23 Pa.C.S. § 4345).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• 23 Pa.C.S. § 5323(f) and (g), enforcement and contempt
• 23 Pa.C.S. § 5337(j), failure to give relocation notice
• 23 Pa.C.S. § 5339, counsel fees
• Pa.R.Civ.P. 1915.12, civil contempt of a custody order
• Pa.R.Civ.P. 1915.3-2, criminal record or abuse history
• Pa.R.Civ.P. 1915.8(d), contempt for evaluation orders
• Pa.R.Civ.P. 1915.10, decision and order
• 23 Pa.C.S. §§ 6113 and 6114, protection order violations
• 23 Pa.C.S. § 4345, contempt for noncompliance with support order
• 23 Pa.C.S. § 4352(d), arrears as judgments
• Pa.R.Civ.P. 1910.20, support enforcement remedies
• Pa.R.Civ.P. 1910.25, support contempt petition