An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in support matters generally, further providing for liability for support; in protection from abuse, further providing for relief; and imposing penalties.

PRINTER'S NO. 2279
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1843
Session of
2025
INTRODUCED BY M. BROWN AND LEADBETER, SEPTEMBER 4, 2025
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 9, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for liability for support; in protection from
abuse, further providing for relief; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4321 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4321. Liability for support.
(a) Liability.--Subject to the provisions of this chapter:
(1) Married persons are liable for the support of each
other according to their respective abilities to provide
support as provided by law.
(2) Parents are liable for the support of their children
who are unemancipated and 18 years of age or younger.
(2.1) Paragraph (2) applies whether or not parental
rights of the parent have been terminated due to a conviction
for any of the following where the other parent is the victim
and a child has been conceived as a result of the offense:
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(i) 18 Pa.C.S. § 3121 (relating to rape);
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault);
(iii) 18 Pa.C.S. § 3124.1 (relating to sexual
assault), where the offense involved sexual intercourse;
(iv) 18 Pa.C.S. § 3124.2 (relating to institutional
sexual assault), where the offense involved sexual
intercourse; or
(v) 18 Pa.C.S. § 4302 (relating to incest), where
the offense involved sexual intercourse.
Paternity of the child under this paragraph shall be
established through voluntary acknowledgment of paternity or
blood, genetic or other type of paternity test acceptable to
the court. The cost of the testing shall be borne by the
parent who was convicted of the offense.
(3) Parents may be liable for the support of their
children who are 18 years of age or older.
( 4) Unless a parent suffers from an incapacitating
intellectual disability or physical disability that prevents
the parent from earning an income, following a divorce
decree, the court shall order both parents to obtain gainful
employment to provide for the needs of the child. The
following apply regarding contempt:
(i) A parent who willfully fails to comply with an
order issued under this paragraph may, as prescribed by
general rule, be adjudged in contempt.
(ii) Contempt under this paragraph shall be
punishable by any one or more of the following:
(A) Imprisonment for a period not to exceed one
year.
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(B) A fine not to exceed $5,000.
(C) Probation for a period not to exceed two
years.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Intellectual disability." As follows:
(1) Significantly subaverage general intellectual
functioning of an individual, regardless of the age of the
individual, that is accompanied by significant limitations in
adaptive functioning in at least two of the following skill
areas:
(i) Communication.
(ii) Self-care.
(iii) Home living.
(iv) Social and interpersonal.
(v) Use of community resources.
(vi) Self-direction.
(vii) Functional academic.
(viii) Work.
(ix) Health and safety.
(2) The term includes an autism spectrum disorder of an
individual, regardless of the age of the individual.
"Physical disability." As follows:
(1) A permanent or irreversible physical impairment,
whether congenital or acquired by accident, injury or
disease, that substantially limits one or more major life
activities of the individual.
(2) For the purposes of paragraph (1), major life
activities include:
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(i) Caring for oneself.
(ii) Performing manual tasks.
(iii) Seeing.
(iv) Hearing.
(v) Eating.
(vi) Sleeping.
(vii) Walking.
(viii) Standing.
(ix) Lifting.
(x) Bending.
(xi) Speaking.
(xii) Breathing.
(xiii) Working.
Section 2. Section 6108 of Title 23 is amended by adding a
subsection to read:
§ 6108. Relief.
* * *
(a.2) Alimony.--If the plaintiff is ordered to pay alimony
to the defendant in accordance with section 3701 (relating to
alimony), the court shall relieve the plaintiff of the duty to
pay alimony to the defendant for the duration of the protection
order under this section.
* * *
Section 3. This act shall take effect in 60 days.
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