§ 4351. Costs and fees.
(a) General rule.--If an obligee prevails in a proceeding to establish paternity or to obtain a support
order, the court may assess against the obligor filing fees, reasonable attorney fees
and necessary travel and other reasonable costs and expenses incurred by the obligee
and the obligee's witnesses. Attorney fees may be taxed as costs and shall be ordered
to be paid directly to the attorney, who may enforce the order in the attorney's own
name. Payment of support owed to the obligee shall have priority over fees, costs
and expenses.
(a.1) Annual fee.--(Expired).
(b) Lack of good cause for failure to pay on time.--If the court determines that the person subject to a child support order did not have
good cause for failing to make child support payments on time, it may further assess
costs and reasonable attorney fees incurred by the party seeking to enforce the order.
(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; May 13, 2008, P.L.144, No.16, eff.
imd.; July 2, 2019, P.L.336, No.47, eff. imd.)
2023 Expiration. Subsec. (a.1) expired July 15, 2023. See Act 47 of 2019.
2019 Amendment. Act 47 amended subsec. (a.1).
1997 Amendment. Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3),
as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating
to the availability of remedies for collection of past due and overdue support.
Cross References. Section 4351 is referred to in section 4374 of this title.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1989–2024 · leading case:
Bowser v. Blom, 807 A.2d 830 (Pa. 2002).
Bowser v. Blom, 807 A.2d 830 (Pa. 2002).
· cites it 3× “, 23 Pa.C.S. § 4351. For the reasons that follow, we hold that the trial court did not abuse its discretion in declining to assess counsel fees against appellee in this case pursuant to § 4351(a) and, accordingly, we affirm.”
Bowser v. Blom, 766 A.2d 1259 (Pa. Super. Ct. 2001).
· cites it 5× “This order and all proceedings were captioned with the 1998 docket number, the court having ordered that case “reopened.”
In Re Nomination Petition of Farnese, 17 A.3d 357 (Pa. 2011).
· cites it 2× “2d at 837 (applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. § 4351(a); Section 4351(a) states that court "may" assess costs and counsel fees in favor of prevailing party in child support case); cf.”
Com. Dept. of Pub. Welfare v. Joyce, 563 A.2d 590 (Pa. Commw. Ct. 1989).
· cites it 2× “" Similarly, for actions generally involving in-state parties, (which DPW refers to as "local actions"), 23 Pa.C.S. § 4351(a) controls the payment of costs and fees, providing, "[w]hen it appears to the court that either party or both parties are financially able to pay costs…”
Mascaro v. Mascaro, 764 A.2d 1085 (Pa. Super. Ct. 2000).
· cites it 4× “The applicable law is 23 Pa.C.S. § 4351, that states: If an obligee prevails in a proceeding to establish paternity or to obtain a support order, the court may assess against the obligor filing fees, reasonable attorney fees and necessary travel and other reasonable costs and…”
Dept. of Pub. Welfare v. Joyce, 571 A.2d 536 (Pa. Commw. Ct. 1990).
“44 provided for the discretionary imposition of costs and fees by a responding or initiating court, 23 Pa.C.S. § 4351 provides: “When it appears to the court that either party or both parties are financially able to pay costs and fees, the court may impose the costs and fees on…”
Hawk, D. v. Hawk, T. (Pa. Super. Ct. 2019).
“Initially, we note that 23 Pa.C.S. §§ 4351 and 4353 govern costs, fees, and reporting requirements in child and spousal support matters.”
M.M.W. v. J.S.W. (Pa. Super. Ct. 2020).
“Counsel fees Finally, Father argues that the Court erred in awarding Mother $49,157 in counsel fees pursuant to 23 Pa.C.S. §4351. The Court properly exercised its discretion in deferring to the Master's recommendation regarding counsel fees.”
Petit, N. v. Petit, M. (Pa. Super. Ct. 2024).
“However, as stated in the trial court's prior reconsideration decision, 23 Pa.C.S. § 4351 requires that "[p]ayment of support owed to the obligee shall have priority over [attorney's] fees, costs and.”
Cortes, C. v. Cortes, A. (Pa. Super. Ct. 2015).
“23 Pa.C.S. § 4351(a), (b). The hearing officer, in addressing the parties’ cross claims for attorney fees and expenses, reasoned: Husband had incurred counsel fees of $18,157 (Exhibit C) and wife has incurred counsel fees of $22,770 (Exhibit 20).”
— 23 Pa. Cons. Stat. § 4351(a) — 7 cases
In Re Nomination Petition of Farnese, 17 A.3d 357 (Pa. 2011).
“2d at 837 (applicant failed to establish entitlement to counsel fees pursuant to 23 Pa.C.S. § 4351(a); Section 4351(a) states that court "may" assess costs and counsel fees in favor of prevailing party in child support case); cf.”
Bowser v. Blom, 807 A.2d 830 (Pa. 2002).
“, 23 Pa.C.S. § 4351. For the reasons that follow, we hold that the trial court did not abuse its discretion in declining to assess counsel fees against appellee in this case pursuant to § 4351(a) and, accordingly, we affirm.”
Com. Dept. of Pub. Welfare v. Joyce, 563 A.2d 590 (Pa. Commw. Ct. 1989).
“" Similarly, for actions generally involving in-state parties, (which DPW refers to as "local actions"), 23 Pa.C.S. § 4351(a) controls the payment of costs and fees, providing, "[w]hen it appears to the court that either party or both parties are financially able to pay costs…”
Bowser v. Blom, 766 A.2d 1259 (Pa. Super. Ct. 2001).
“This order and all proceedings were captioned with the 1998 docket number, the court having ordered that case “reopened.”
Mascaro v. Mascaro, 764 A.2d 1085 (Pa. Super. Ct. 2000).
“The applicable law is 23 Pa.C.S. § 4351, that states: If an obligee prevails in a proceeding to establish paternity or to obtain a support order, the court may assess against the obligor filing fees, reasonable attorney fees and necessary travel and other reasonable costs and…”
— 23 Pa. Cons. Stat. § 4351(b) — 2 cases
Bowser v. Blom, 807 A.2d 830 (Pa. 2002).
“, 23 Pa.C.S. § 4351. For the reasons that follow, we hold that the trial court did not abuse its discretion in declining to assess counsel fees against appellee in this case pursuant to § 4351(a) and, accordingly, we affirm.”
Bowser v. Blom, 766 A.2d 1259 (Pa. Super. Ct. 2001).
“This order and all proceedings were captioned with the 1998 docket number, the court having ordered that case “reopened.”
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