Bucks Cnty. C.P. Rule 5001

Rule *5001. Proceedings for Support.

(a) Each original proceeding hereafter brought for the enforcement of support

initiated under the Crimes Code, the Uniform Reciprocal Enforcement of Support

Law and Pennsylvania Civil Procedural Support Law, or the Aid for Dependent

Children Act, and proceedings brought for the enforcement of existing orders of

support shall be filed with the Clerk of Courts. Proceedings brought pursuant to the

Divorce Code shall be filed in the Office of the prothonotary. In each such original

proceeding and in each proceeding for the modification, termination or

enforcement of arrearages of any subsisting order for support now in effect or

hereafter entered, a mandatory conference shall be scheduled and conducted by a

domestic relations officer in the Domestic Relations Division, prior to the

scheduling and conducting of a hearing thereon before the Court. A form of

preliminary order fixing the time of such conference shall be endorsed upon each

such application.

(b) Any order fixing a time and place at which a defendant or any other party may

be directed by the Court to appear before the Court or a domestic relations officer

of the Domestic Relations Division for a hearing or conference on a complaint for

support, or on a petition to modify, terminate, or enforce an order for support, shall

contain a cautionary warning of the likelihood of the issuance of an attachment of

the person, and the possibility of an adjudication of contempt, upon the failure to

appear as so directed.

(c) The preliminary order shall state that where no agreement is reached at the

conference, the presiding officer may, in his discretion, request an immediate

hearing before the judge to whom the case has been assigned, or in the event that

such judge is unavailable, then before any other available judge for the purpose of

entering such interim order of support or enforcement of arrearages as may be just,

which order shall be fully enforceable. Absence or non-availability of counsel shall

not be grounds for failure to proceed with the entry of an interim order at the

discretion of the Court.

(d) A conformed copy of each complaint, petition, answer or other pleading filed

with respect to any such proceeding for support, for arrearages or for modification

or termination of an order for support, shall be delivered to the Domestic Relations

Division at the time of filing the original with the clerk.

(e) The conference with the domestic relations officer shall be informal in style,

and conducted with a view toward a realistic and complete development of the

facts relevant to liability for support (if contested, or if properly still in issue), the

reasonable needs of the party seeking support, the fair measure of the ability to pay

of the party against whom support is sought, the changed circumstances relied

upon if modification or termination of an order for support is involved and such

other matters in particular cases as may be appropriate. Each party shall submit a

written statement of his or her financial condition, including income, expenses,

assets, outstanding indebtedness and any other information pertinent to the issues

and shall bring to the conference supporting documentation, including but not

limited to copies of income tax returns and pay stubs. Failure to attend the

conference or to bring financial information shall be grounds for contempt of court.

The respective parties may be represented by counsel, but absence or non-availability of counsel shall not be grounds for failure to proceed at a scheduled

conference unless the domestic relations officer in his/her discretion shall have

specifically provided otherwise in response to a prior written request setting forth

meritorious reasons for modification of the time of the scheduled conference.

(f) If the conference results in agreement of the parties with respect to the complete

disposition of the pending proceeding, the same shall be forthwith reduced to

writing and submitted to the judge to whom the case has been assigned. Upon

written approval of the judge, the original of such writing and approval shall be

filed with the Clerk of Courts - Criminal, and shall have the same legal effect as an

order of the Court entered in due course in open Court after a full and adversary

hearing.

(h) At the hearing before the Court, the matters set forth in the report of the

domestic relations officer shall be regarded as advisory only, and subject to

contradiction by appropriate testimony, documentary evidence, argument or such

other factors as the circumstances of the case may provide. In the absence of

contradiction, however, the statement or outline in such report of undisputed facts

and the opinions and recommendations which may be reasonably concluded or

deduced therefrom, may be taken as established without necessity for further proof

thereof.

(i) Whenever an attachment is issued, the person named as having failed to appear

shall be brought before the judge to whom the case has been assigned, if available,

or if unavailable, then before any other judge forthwith, but in any event, within 48

hours or two court working days, whichever is the longer from the time the person

is taken in custody of law pursuant to the attachment; at which time, if the Court

shall find, after hearing, that the person named having been duly required to

appear, willfully failed to appear, the Court may adjudge such person in contempt

of court and in its discretion, may commit such person to the county jail or house

of correction for a period not exceeding six months.