Q: Oct. 1, 2015, P.L.172, No.40, eff. 60 days What will cause a parent yo be liable?
A:
It looks like you're asking about a 2015 amendment to section 4321 of the Domestic Relations title (Title 23), which concerns liability of a parent to financially support a child conceived during a sexual assault or incest. The amendment added paragraph 2.1, and the entire statute is here:
"§ 4321. Liability for support.
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:
(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."
Financial liability will accrue when someone brings a support action against a parent in the Domestic Relations section of whatever local court. Hope this answers your question.
A: I see that you have the section of the law. It doens't look that confusing. I cannot assume what the circumstances are which have caused you to ask a question. I suggest that you make your question a bit more specific.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
