SUBCHAPTER B
SUPPORT
Sec.
4321. Liability for support.
4322. Support guideline.
4323. Support of emancipated child.
4324. Inclusion of spousal medical support.
4325. Payment of order of support.
4326. Mandatory inclusion of child medical support.
4327. Postsecondary educational costs.
§ 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.
(Oct. 1, 2015, P.L.172, No.40, eff. 60 days)
2015 Amendment. Act 40 added par. (2.1). Section 3 of Act 40 provided that par. (2.1) shall apply
to any action regarding custody of a child under Chapter 43 or 53 that is filed on
or after the effective date of section 3.
Notes of Decisions
Sutliff v. Sutliff, 528 A.2d 1318 (Pa. 1987).
· cites it 4× “However, 23 Pa.C.S. § 4321, enacted in October, 1985, distinguishes between children eighteen years of age and younger and children older than eighteen for purposes of support.”
Yerkes v. Yerkes, 824 A.2d 1169 (Pa. 2003).
· cites it 4× “2d at 1322 ; see also 23 Pa.C.S. § 4321(2) ("Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.”
Griffin v. Griffin, 558 A.2d 75 (Pa. 1989).
· cites it 4× “[4] 23 Pa.C.S. § 4321. Our case law has identified two situations in which such a support obligation may be imposed: 1) where the child suffers from a physical or mental defect that renders self-support impossible, Brown v.”
Edb Ex Rel. Db v. Clair, 987 A.2d 681 (Pa. 2009).
· cites it 4× “" 23 Pa.C.S. § 4321(2) (emphasis added). Indeed, the Legislature has placed an additional burden on courts to ensure the health and well-being of our young members of society.”
Maher v. Maher, 835 A.2d 1281 (Pa. 2003).
· cites it 4× “16-6(b)(1) cannot be given a meaning or construed to create a duty of support beyond that established by 23 Pa.C.S. § 4321 et seq. 23 Pa.C.S. 4321 provides for liability for support: Liability for support Subject to the provisions of this chapter: (1) Married persons are liable…”
Curtis v. Kline, 666 A.2d 265 (Pa. 1995).
· cites it 2× “[5] Quaere whether the legislature could extend the statutory liability for support of children applicable to all parents, 23 Pa.C.S. § 4321(2), without regard to marital status, 23 Pa.”
Chen v. Chen, 893 A.2d 87 (Pa. 2006).
· cites it 2× “, 23 Pa.C.S. § 4321(2) ("Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.”
Milne v. Milne, 556 A.2d 854 (Pa. 1989).
· cites it 2× “See also 23 Pa.C.S. § 4321 (1985) which refers specifically to support of "children" over the age of eighteen.”
Rivera v. Minnich, 483 U.S. 574 (1987).
· cites it 2× “, 23 Pa. Cons. Stat. § 4321 (2) (1985), and perhaps longer.”
Trosky v. Mann, 581 A.2d 177 (Pa. 1990).
· cites it 4× “23 Pa.C.S. § 4321." (Emphasis in original)).”
— 23 Pa. Cons. Stat. § 4321(1) — 1 case
— 23 Pa. Cons. Stat. § 4321(2) — 22 cases
Yerkes v. Yerkes, 824 A.2d 1169 (Pa. 2003).
“2d at 1322 ; see also 23 Pa.C.S. § 4321(2) ("Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.”
Edb Ex Rel. Db v. Clair, 987 A.2d 681 (Pa. 2009).
“" 23 Pa.C.S. § 4321(2) (emphasis added). Indeed, the Legislature has placed an additional burden on courts to ensure the health and well-being of our young members of society.”
Curtis v. Kline, 666 A.2d 265 (Pa. 1995).
“[5] Quaere whether the legislature could extend the statutory liability for support of children applicable to all parents, 23 Pa.C.S. § 4321(2), without regard to marital status, 23 Pa.”
Chen v. Chen, 893 A.2d 87 (Pa. 2006).
“, 23 Pa.C.S. § 4321(2) ("Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.”
— 23 Pa. Cons. Stat. § 4321(3) — 12 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.