Legal Question in Family Law in Pennsylvania

There is something called the inter-state family support act - PA and other states all have some version of it. I set forth part of the act below, but you or your attorney need to be familiar with additional provisions.

My initial question is whether there is a valid support order already entered? If the answer is yes, does the child still reside in the state where the order was entered? If so, you may need to go back to the original state of entry. Support orders, like custody orders, can be registered and enforced in another state but not modified by the second state unless the first state gives approval.

If no support order was ever entered, how long has the child resided in PA? If for 6 months or more, PA is now the child's home state. If less than 6 months, then either wait till the 6 months has expired or go back to the state in which the child previously resided. However, that would not be the recommended option.

Father would commence a support action in his county and through the reciprocal support law, the PA authorities would contact the IL child support authorities and get an order established. There should be no need to "force" mother to come to PA. She will have the opportunity to present evidence and she can participate in any hearings via telephone. Of course, if she wants to travel to PA, she can.

23 Pa.C.S.A. � 7401

(a) Jurisdiction.--If a support order entitled to recognition under this part has not been issued, a responding tribunal of this State may issue a support order if any of the following apply:

(1) The individual seeking the order resides in another state.

(2) The support enforcement agency seeking the order is located in another state.

(b) Temporary orders.--The tribunal may issue a temporary child support order if any of the following apply:

(1) The respondent has signed a verified statement acknowledging parentage.

(2) The respondent has been determined by or pursuant to law to be the parent.

(3) There is other clear and convincing evidence that the respondent is the child's parent.

(c) Relief.--Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 7305 (relating to duties and powers of responding tribunal).