THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, O'PAKE, EARLL, KITCHEN, ORIE, ERICKSON, ALLOWAY, FOLMER, WOZNIAK, STOUT, MUSTO, BAKER AND FERLO, MARCH 4, 2009

REFERRED TO JUDICIARY, MARCH 4, 2009  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing for liability for

support and extending liability for child support beyond the

death of the obligor.

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)  General rule.--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.

(3)  Parents may be liable for the support of their

children who are 18 years of age or older.

(b)  Effect of death of parents.--

(1)  The liability of parents for support of their

children under this chapter remains unaffected by the death

of those parents.

(2)  Any interested party may file a claim against the

estate of a parent to determine the liability of the parent

to support a surviving child under this chapter, regardless

of whether a support order was in effect for the child on the

parent's date of death.

Section 2.  This act shall take effect in 60 days.