You must submit a written complaint showing the amount owed. The Court will send you a Medical Enforcement Form for the purpose of notifying the Defendant of the uninsured health care expenses. This form must be completed and provided to the Defendant by you no later than March 31st of the year following the calendar year in which the bill was received.
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Complaints regarding your Support Order must be in writing and must set forth as much information as possible. For your convenience, we provide a form at the DRS reception desk, for your use.
We will begin our investigation upon our receipt of your written complaint. You must be aware that each case is different and some cases require significant amounts of time to thoroughly investigate and resolve. You will be contacted as soon as is possible. Orders involving another Court outside of Luzerne County Pennsylvania may require a minimum of ninety (90) days.
Yes. Pennsylvania Law requires that all Support Orders entered (or modified) provide for a mandatory attachment of income. Employers have fourteen (14) days from the issuance by the Court Order to implement the attachment, and seven (7) days from the date the employee is paid to remit the support deduction to the Statewide Support Collection and Disbursement Unit in Harrisburg.
Both the Defendant and Plaintiff must contact the DRS immediately, in writing, upon change of employment or residence. The Court Order remains in effect and can be enforced through interstate wage withholding, transfer, registration or reciprocal action.
The party who arranges for the health care services shall submit the bills to the primary and secondary health insurance carrier(s) for payment. The Plaintiff must submit to the Defendant, within thirty (30) days of discovery, that an insurance company did not pay the full amount of any medical bill, copies of the bill, the insurance carrier's statement, and the completed Medical Enforcement Form, for reimbursement payment. It is suggested that you make copies of the bills, insurance statements, and Medical Enforcement Form so you can maintain accurate records of these expenses.
Upon receipt of the copies, the Defendant/Plaintiff has an additional thirty (30) days to remit their respective percentage of the uninsured medical expenses directly to the party who arranged for the health care services or to the provider of the service (doctor, hospital, dentist, etc.) along with a notice of payment to the other party.
Note: When the party who carries the health insurance receives payment for services rendered, payment shall be promptly made to the health care provider, as required. If payment is not made within thirty (30) days, a written request for enforcement of the uninsured expenses must be submitted to the DRS, enclosing a copy of the same Medical Enforcement Form, bills, and insurance statements in the complaint. The total balance due on each bill must be circled. The DRS may seek a Petition for Contempt of Court if the Defendant willfully fails to comply with the provisions within a Support Order for uninsured medical expenses. Please refer to the medical support enforcement guide for further information.
Yes, Other methods of collection are:
If certain Federal criteria is met, all Child Support cases with arrears of $150 or more owed to the Department of Public Assistance and $500 or more owed to the Plaintiff, will automatically be submitted, on an annual basis, for the IRS Tax Refund Offset Program (TROP).
The DRS may also seek a Petition for Contempt of Court for a Defendant who willfully fails to comply with the existing Support Order (financial, medical, etc.) or refuses to seek employment or job training. If the Court finds the Defendant to be in contempt, he / she may be committed to jail, placed on probation or fined. (The Court may impose all three). If a Defendant does not appear for their hearing, a Bench Warrant can be issued for his / her immediate arrest.
When an Order of Attachment is about to be or has been entered, an employer shall NOT use the attachment, in whole or in part, as a reason to demote, discharge, or take disciplinary action against the employee. If this occurs, the employer may be found to be in Contempt of Court and committed to jail or fined. Additionally, you, as an employee, have the right to sue your employer for damages resulting from a violation.