- 9 - order covering spousal and child support terminates upon the death of the payee custodial spouse. Mr. Hawley contends that we must apply Pa. R.C.P. 1910.16- 4(f)(3), 42 Pa. Cons. Stat. Ann. (West 2002), to the instant case, which provides: “Unallocated charging orders for child and spousal support, or child support and alimony pendente lite, shall terminate upon the death of the payee spouse or payee ex- spouse.” Pa. R.C.P. 1910.16-4(f)(3) became effective on June 5, 2001. The years in issue are Mr. Hawley’s and Ms. Gilbert’s 1993, 1994, and 1995 tax years. Pennsylvania statues shall not be construed to apply retroactively “unless clearly and manifestly so intended by the General Assembly.” 1 Pa. Cons. Stat. Ann. sec. 1926 (West 1995); see Barnes v. Barnes, 597 A.2d 89, 92 (Pa. 1991); see also Commonwealth v. Rockwell Manufacturing Co., 140 A.2d 854 (Pa. 1958). Pa. R.C.P. 1910.16- 4(f)(3) does not indicate that it will have retroactive effect, and consequently we will not apply it retroactively. Twenty-three Pa. Cons. Stat. Ann. section 4352(a) (West 2001), which addresses the jurisdiction of Pennsylvania courts over divorce proceedings, provides: SEC. 4352. Continuing jurisdiction over support orders (a) General rule.-– The court making an order of support shall at all times maintain jurisdiction of the matter for the purpose of enforcement of the order and for the purpose of increasing, decreasing, modifying orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011