Contempt, Enforcement, Modification and Appeals
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Child Custody ContemptIn Pennsylvania, if either parent of a minor child fails to comply with a custody order, a request for a hearing on the issue of contempt of the custody order must be presented and a hearing must be conducted by a judge to determine if the person has violated the order of court. If a person willfully disobeys a Pennsylvania custody order, the judge could find that person to be in contempt of the court order and sanctions could be imposed. The relief, if any, fashioned by the court is very case-specific.
Pennsylvania and most other states have adopted some version of the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA), which provides that courts will recognize and enforce custody orders entered in other counties, states and countries so as to prevent child abductions or parental kidnapping. Absent unusual circumstances a properly entered custody order will be enforced by the courts where the children are actually located.
Relocating to another county or state without advance notice to the non-custodial parent and an order of court permitting the relocation is serious and could result in severe repercussions, including loss of custody rights. For this reason, it is best for the custodial parent to inform the non-custodial parent immediately if he or she wishes to move out of their current county or state and to inform the non-custodial parent of the reasons for the move. If an agreement cannot be reached regarding the move, the custodial parent should immediately file a request for a hearing so that the judge can determine if the children will be permitted to relocate with the custodial parent.
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Modification of Pennsylvania Child Custody Orders
Parents are free to agree to informally modify an existing Pennsylvania child custody order at any time. However, if either party wishes to modify a Pennsylvania custody order and an agreement cannot be reached by the parents, either parent has the right to seek to modify the custody order through the court process. Modification of Pennsylvania custody orders can be presented to the court at any time until the minor children's eighteenth birthdays. Pennsylvania judges are required to consider the best interests of minor children and may grant a modification even if there has not been a change in circumstances. A request for modification of an existing custody order must be filed to begin the formal court modification process.
Enforcement and Contempt of Pennsylvania Support Orders
In recent years, enforcement of Pennsylvania support orders has become a priority in the family courts. Pennsylvania support orders are typically paid through the use of a wage attachment. A wage attachment order of court requires the employer of a person owing a support obligation to deduct the court ordered amount for support from the employee's wages and send it to the Pennsylvania child support collection system. Support orders entered in one state will be enforced in another state.
A person who has failed to pay a support order as directed may be found in Civil Contempt of the support order. If the person owing support fails to make their support payments on a timely basis, the past due amount is called a support arrearage. If a person owes an arrearage, a judgment may be entered by the court, actual imprisonment may be ordered by the court, and state-issued licenses may be suspended (including driver's licenses and licenses to engage in certain professions), and federal income tax refunds may be intercepted.
Modification of Pennsylvania Support Orders
A Pennsylvania child or spousal support order (or in some circumstances an order for payment of alimony) can be modified if there has been a significant change of circumstances. The right to modify the final Pennsylvania support order will be retroactive only to the date the request for modification has been filed with the court. Grounds for modification include, but are not limited to, increases or decreases in income of the person paying or the person receiving support and the minor child reaching age eighteen and graduating from high school.
Enforcement of Equitable Distribution Orders and Marriage Settlement Agreements
In Pennsylvania, Marriage Settlement Agreements are considered to be the same as other legally binding contracts entered into by individuals and will be enforced by the Pennsylvania family law courts. Orders for equitable distribution of marital assets and debts will also be enforced by the family law judges. Failure to comply with a Marriage Settlement Agreement or equitable distribution order can result in the imposition of sanctions including imposition of attorneys' fees, seizure of assets, or incarceration. Enforcement of equitable distribution agreements and orders is extremely fact-specific.
Modification of Equitable Distribution Orders or Marriage Settlement Agreements
Marriage Settlement Agreements and Pennsylvania equitable distribution orders are rarely modified. Generally, modification of such agreements or orders by the family court judge only happens if there has been fraud, duress, coercion or a mutual mistake in the drafting of the order or agreement. However, the parties themselves are free to enter into a written agreement modifying the terms of any previously entered into Marriage Settlement Agreement or equitable distribution order of court.
Exceptions, Reconsideration and Appeals of Pennsylvania Orders
Many Pennsylvania county courts employ attorneys or other trained individuals to act as support hearing officers, conciliators, custody mediators, and support and equitable distribution masters. These hearing officers, conciliators or masters often act as the initial decision makers in support, custody and equitable distribution cases. If a party does not agree with their decision, the party can file exceptions or an appeal and request that a judge of the county court of common pleas (trial court) decide their case. A party disagreeing with the trial court's decision may appeal to the Pennsylvania Superior Court for review.
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Contact our Stroudsburg Family Law Office
Our law firm's family law attorneys are available to assist you with modifying or enforcing your Pennsylvania family law orders of court. Please contact us at (570) 421-1406 to discuss your specific case.
513 Sarah Street, Stroudsburg, PA 18360
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(570) 421-1406 - Tel
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(570) 421-1407- Fax
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