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rescinding the order unless otherwise provided by Part
VIII (relating to uniform interstate family support) or
VIII-A (relating to intrastate family support) without
limiting the right of the obligee, or the department if
it has an assignment or other interest, to institute
additional proceedings for support in any county in
which the obligor resides or in which property of the
obligor is situated. The Supreme Court shall by
general rule establish procedures by which each
interested party shall be notified of all proceedings
in which support obligations might be established or
modified and shall receive a copy of any order issued
in a case within 14 days after issuance of such order.
A petition for modification of a support order may be
filed at any time and shall be granted if the
requesting party demonstrates a substantial change in
circumstances.
Twenty-three Pa. Cons. Stat. section 4352 does not
explicitly provide that a Pennsylvania court’s jurisdiction
terminates upon the death of either party to a divorce
proceeding. It does, however, grant Pennsylvania courts
continuing jurisdiction over support proceedings. A party
seeking modification or termination of a support order must
petition the Pennsylvania court with jurisdiction over the
divorce proceedings. Barnes v. Barnes, supra at 92 (petition to
modify); see Soncini v. Soncini, 612 A.2d 998, 1000 (Pa. Super.
Ct. 1992) (petition to modify); see also Benjamin v. Benjamin,
596 A.2d 877, 878 (Pa. Super. Ct. 1991) (petition to terminate);
Mosier v. McCaughtry, 564 A.2d 241 (Pa. Super. Ct. 1989).
Twenty-three Pa. Cons. Stat. section 4352(a) provides strong
indication that a Pennsylvania court would retain jurisdiction
over a divorce. This would continue, at least temporarily, if
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Last modified: May 25, 2011