Enforcement and Contempt of Pennsylvania custody orders

In Pennsylvania, if either parent fails to comply with a custody order, a request for a hearing on the issue of contempt 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 found in contempt of the court order and sanctions could be imposed.

Sanctions for disobeying a Pennsylvania custody order could include imprisonment, assessment of attorney fees, or transfer custody to the noncustodial parent if the custodial parent continually violates a custody order. If the noncustodial parent violates the order, the judge could modify and reduce or otherwise change the noncustodial parent's custody rights. Furthermore, Pennsylvania and all other states have adopted some version of the Uniform Child Custody Jurisdiction Act (UCCJA), which provides that courts will recognize and enforce custody orders entered in other states so as to prevent child abductions or parental kidnapping.

Moving to another county or state without advance notice to the non-custodial parent and an order of court permitting the relocation is frowned upon by the courts and could result in severe repercussions, including loss of custody rights.

Modification of Pennsylvania custody orders

Parents are free to agree to informally modify an existing custody order at any time. However, if either party wishes to modify a custody order and an agreement cannot be reached by the parents, the parent has the right to seek to modify the custody order through the court process. Modification of 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 a prior custody order must be filed to begin the formal court modification process.

Enforcement and Contempt of Pennsylvania support orders

In recent years, enforcement of support orders has become a priority in the family courts. The most common way of enforcing support orders is through the use of wage attachments. A wage attachment is order entered requiring the employer of a person owing a support obligation to subtract the court ordered amount for support from the employee's wages and mail the amount owed to the court. Federal laws provide that support orders entered in one state will be enforced in another state. If the person owing support fails to pay on a timely basis, the past due amount is called support arrearages. If a person owes arrearages, a judgment may be entered by the court for the total amount of past due child support or spousal support and that person's assets may be seized to pay the judgment. Furthermore, failure to obey a Pennsylvania court order for support can result in a term of imprisonment, a fine, suspension of any state-issued licenses (including licenses to engage in certain professions), reports to credit bureaus, liens on real estate and interception of federal income tax refunds.

Modification of Pennsylvania support orders

A Pennsylvania support order can be modified if there has been a significant change of circumstances. The right to modify the final support order will be retroactive only to the date the request for modification has been filed with the court. In other words, the person responsible for paying support must pay according to the existing order until the existing order has been changed by the court. Grounds for modification include, but are not limited to, increases or decreases in income and the minor child obtaining age eighteen and graduating from high school.

Exceptions, Appeals and Appellate Rights in Pennsylvania

Many Pennsylvania county courts employ attorneys or other trained individuals to act as support hearing officers, conciliators, or support 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 trial judge decide their cases.

In some Pennsylvania counties, the judge conducts a "de novo" hearing, or in other words, starts from the beginning with testimony and evidence from the parties. In other counties, the judge will make their decision by reviewing the recommendation, transcript of the testimony and briefs submitted by the parties. In this case, no additional testimony or evidence is permitted. If a party does not agree with the trial judge's decision, another way to seek relief is to appeal to a higher court.

In Pennsylvania, the parties have an absolute right to file an appeal to the Pennsylvania Superior Court. The Superior Court will assign at least three judges to review the trial court's decision, the transcript of the hearing at the trial level, and briefs submitted by the parties' attorneys. Additional testimony and evidence is prohibited. If either or both of the parties are dissatisfied with the Superior Court's decision, they may request a review of the case by the Pennsylvania Supreme Court. However, there is no absolute right to have a case heard by the Supreme Court. Generally, the Supreme Court will grant review of the Superior Court's opinion only if the case involves an issue of substantial public importance.

Appeals are expensive--often costing as much if not more than the cost of the trial. The decision to appeal must be made promptly. Most appeals must be filed within thirty days of the decision. However, there is generally only ten days to file an appeal to the decisions made by Hearing Officers, Masters, and Conciliators. If the party fails to file the appeal within the required number of days after the decision they disagree with, the right to appeal may be lost.