Note: This article’s previous headline was “Incarceration Terminates Child Support, Remits Arrears in Nash.” The headline should have cited the Plunkard v. McConnell case, which is the focus of the story.
As most family law practitioners are aware, the 2007 Pennsylvania Superior Court case of Nash v. Herbster was a case of first impression applying the then fairly new Rule 1910.19(f) to incarceration as being a substantial change in circumstances for purposes modifying or terminating child support, after considering the official comment to said rule. This author wrote an article on Nash (“Incarceration Now a Change in Circumstances to Modify Child Support”)that appeared in the Dec. 11, 2007, Legal Intelligencer , analyzing Rule 1910.19(f). Under Rule 1910.19(f): “[T]he court may modify or terminate a charging order for support and remit any arrears, all without prejudice, when it appears to the court that: (1) the order is no longer able to be enforced under state law; or (2) the obligor is unable to pay, has no known income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future.”
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