New Statute Mandates That Any Amount Awarded in a Lawsuit Must Be Offset by Overdue Child Support

A recently-enacted statute, which was signed into law by Governor Rendell, states that before a prevailing party or beneficiary in a law suit can receive the proceeds from any settlement or award, that party must provide to his or her attorney a sworn statement that includes the prevailing party or beneficiary's full name, mailing address, date of birth, and social security number. This party must also provide a statement from the Pennsylvania Child Support Enforcement website, which indicates whether he or she owes any child support payments, and if so, the amount in arrears. The attorney shall then forward the statement and lien report from the website at the time of the delivery of the release. If overdue child support does exist, that amount shall act as a lien against the net proceeds of any monetary award. This law takes effect on September 5, 2006. See 23 Pa.C.S. §4308.1. "Collection of Overdue Support From Monetary Awards."

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