§ 3703. Enforcement of arrearages.
If at any time a party is in arrears in the payment of alimony or alimony pendente
lite as provided for in sections 3701 (relating to alimony) and 3702 (relating to
alimony pendente lite, counsel fees and expenses), the court may, after hearing, in
order to effect payment of the arrearages:
(1) Enter judgment.
(2) Authorize the taking and seizure of the goods and chattels and the collection of the
rents and profits of the real estate of the party.
(3) Attach no more than 50% of the wages of the party.
(4) Award interest on unpaid installments.
(5) Require security to insure future payments.
(6) Issue attachment proceedings, directed to the sheriff or other proper officer of the
county, directing that the person named as having failed to comply with the court
order be brought before the court at such time as the court may direct. If the court
finds, after hearing, that the named person willfully failed to comply with the court
order, it may declare the person in civil contempt of court and in its discretion
make an appropriate order, including, but not limited to, commitment of the person
to prison for a period not to exceed six months.
(7) Award counsel fees and costs.
Cross References. Section 3703 is referred to in section 3701 of this title; sections 8102, 8533.1 of
Title 24 (Education); sections 5102, 5953.1 of Title 71 (State Government).
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1991–2024 · leading case:
McMahon v. McMahon, 612 A.2d 1360 (Pa. Super. Ct. 1992).
McMahon v. McMahon, 612 A.2d 1360 (Pa. Super. Ct. 1992).
· cites it 2× “Pursuant to these provisions, an order requiring the payment of alimony, whether entered pursuant to agreement of the parties or after an evidentiary hearing, is enforceable by any of the means provided by 23 Pa.C.S. § 3703, including attachment and contempt.”
Ball v. Minnick, 606 A.2d 1181 (Pa. Super. Ct. 1992).
· cites it 2× “132 (now 23 Pa.C.S. § 3703), 48 P.S. 136 (now 23 Pa.”
Dudas v. Pietrzykowski, 849 A.2d 582 (Pa. 2004).
“23 Pa.C.S. § 3703. Accordingly, while the trial court had the discretion to attach up to one-half of the lump sum payment, it erred as a matter of law in attaching more than that amount because it was a substitute for wages.”
Goodstein v. Goodstein, 619 A.2d 703 (Pa. Super. Ct. 1992).
“23 Pa.Cons.Stat.Ann. Section 3703. . At the time of Mr.”
Petit, N. v. Petit, M. (Pa. Super. Ct. 2024).
· cites it 2× “However, the court determined that it lacked any basis upon which to seize property pursuant to 23 Pa.C.S. § 3703(2) -4- J-A12043-24 (permitting the “taking and seizure of goods and chattel” to pay arrearages) and §4352(d.”
Paris, L. v. Paris, E. (Pa. Super. Ct. 2019).
“On March 28, 2018, Wife filed a Petition Pursuant to 23 Pa.C.S. § 3703, for enforcement of arrearages.”
Crimi, E. v. Crimi, L. (Pa. Super. Ct. 2022).
“§ 3502(e) (addressing the powers of a court when a party has failed to comply with an order of equitable distribution); 23 Pa.C.S. § 3703 (providing options for enforcing the payment of alimony arrears).”
Cortes, C. v. Cortes, A. (Pa. Super. Ct. 2015).
“23 Pa.C.S. § 3703(4). Additionally, Wife relies on Section 4351(a) of the Domestic Relations Code, which provides for attorney fees in support proceedings as follows: (a) General rule.”
Ream v. Ream, 11 Pa. D. & C.4th 657 (1991).
“1 Title 23 Pa.C.S. §3703 2 permits, inter alia,, the prosecution of contempt proceedings and the award of counsel fees and costs.”
— 23 Pa. Cons. Stat. § 3703(2) — 1 case
Petit, N. v. Petit, M. (Pa. Super. Ct. 2024).
“However, the court determined that it lacked any basis upon which to seize property pursuant to 23 Pa.C.S. § 3703(2) -4- J-A12043-24 (permitting the “taking and seizure of goods and chattel” to pay arrearages) and §4352(d.”
— 23 Pa. Cons. Stat. § 3703(4) — 1 case
Cortes, C. v. Cortes, A. (Pa. Super. Ct. 2015).
“23 Pa.C.S. § 3703(4). Additionally, Wife relies on Section 4351(a) of the Domestic Relations Code, which provides for attorney fees in support proceedings as follows: (a) General rule.”
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