- 10 - 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, ifPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011