Rule 1910.25-5.Civil Contempt. Contempt Order. Incarceration.

Adopted May 31, 2000 · Last amended November 30, 2012 · Last verified June 30, 2026

In one sentenceRule 1910.25-5 bars incarcerating a support obligor for contempt without an evidentiary hearing before a judge and a finding about the obligor's ability to comply.

Full Text of Rule 1910.25-5

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(a) No respondent may be incarcerated as a sanction for contempt without an evidentiary hearing before a judge.

(b) The court shall make a finding, on the record, as to whether the respondent, based upon the evidence presented at hearing, does or does not have the present ability to pay the court-ordered amount of support.

(c) An order committing a respondent to jail for civil contempt of a support order shall specify the conditions the fulfillment of which will result in the release of the respondent.

End

Plain-English Summary

Because contempt can lead to jail, this rule places firm limits on it. No obligor may be incarcerated as a contempt sanction without an evidentiary hearing before a judge, and the court must make a finding on the record about whether the obligor has the ability to comply. The safeguard ensures that jail is reserved for those who can pay but will not, not those who cannot.

Frequently Asked Questions

Can someone be jailed for not paying support?

Only after an evidentiary hearing before a judge and a finding about the obligor's ability to comply.

Official Note

Official Note: The time periods set forth in Rules 1910.25 through 1910.25-6 are for the benefit of the plaintiff, and not for the defendant. The goal is the prompt initiation of contempt proceedings because of the importance of ongoing support payments. The time periods in no way limit the right of either the domestic relations section or the plaintiff to proceed with a contempt action.

Amendment History

The provisions of this Rule 1910.25-5 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 11, 2007, effective immediately, 37 Pa.B. 2800; amended November 30, 2012, effective December 30, 2012, 42 Pa.B. 7521. Immediately preceding text appears at serial page (328354).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: incarceration support contemptjail for unpaid supportability to comply support