Prior Codifications

1981 Ed., § 16-901.

1973 Ed., § 16-901.

Effect of Amendments

D.C. Law 13-269 rewrote par. (2) which formerly read:

"(2) 'IV-D agency' means a District of Columbia agency responsible for the establishment and enforcement of a child support order and the establishment of paternity for Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, or other public assistance recipients and nonpublic assistance recipients pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. 651 et seq.)."

D.C. Law 15-130 added par. (4).

D.C. Law 16-79 added pars. (1A) and (1B).

D.C. Law 17-128 rewrote the section which had read as follows:

"For the purposes of this chapter, the term:

"(1) 'Court' means the Superior Court of the District of Columbia.

"(1A) 'Domestic partner' shall have the same meaning as provided in § 32- 701(3).

"(1B) 'Domestic partnership' shall have the same meaning as provided in § 32- 701(4).

"(2) 'IV-D agency' means the organizational unit of the District government, or any successor organizational unit, that is responsible for administering or supervising the administration of the District's State Plan under title IV, part D, of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), pertaining to parent locator services, paternity establishment, and the establishment, modification, and enforcement of support orders.

"(3) 'IV-D case' means a case brought by the IV-D agency for the establishment of paternity or the establishment or enforcement of a child support obligation.

"(4) 'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief."

D.C. Law 17-177 added par. (6A).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 9 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

For temporary (225 day) amendment of section, see § 105(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 202(a) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 202(a) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

Emergency Act Amendments

For temporary amendment of section, see § 5(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(b) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(b) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary amendment of section, see § 9 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 9 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 9 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 9 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 105(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 105(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 105(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 106(b) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 202(a) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 202(a) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 202(a) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 202(a) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

Legislative History of Laws

For legislative history of D.C. Law 9-5, see Historical and Statutory Notes following § 16-909.01.

For legislative history of D.C. Law 9-39, see Historical and Statutory Notes following § 16-909.01.

Law 12-230, the "Self-Sufficiency Promotion Temporary Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-557. The Bill was adopted on first and second readings on May 5, 1998, and July 30, 1998, respectively. Signed by the Mayor on August 18, 1998, it was assigned Act No. 12-443 and transmitted to both Houses of Congress for its review. D.C. Law 12-230 became effective on April 20, 1999.

Law 12-241, the "Self-Sufficiency Promotion Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-558, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 23, 1998, it was assigned Act No. 12-573 and transmitted to both Houses of Congress for its review. D.C. Law 12-241 became effective on April 20, 1999.

Law 13-269, the "Child Support and Welfare Reform Compliance Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-254, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on January 8, 2001, it was assigned Act No. 13-559 and transmitted to both Houses of Congress for its review. D.C. Law 13-269 became effective on April 3, 2001.

Law 15-130, the "Medical Support Establishment and Enforcement Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-219, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 2, 2003, and January 6, 2004, respectively. Signed by the Mayor on January 28, 2004, it was assigned Act No. 15-331 and transmitted to both Houses of Congress for its review. D.C. Law 15-130 became effective on March 30, 2004.

For Law 16-79, see notes following § 16-571.

Law 17-128, the "Child Support Compliance Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-291 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively. Signed by the Mayor on January 29, 2008, it was assigned Act No. 17-277 and transmitted to both Houses of Congress for its review. D.C. Law 17-128 became effective on March 20, 2008.

Law 17-177, the "Prohibition of Discrimination on the Basis of Gender Identity and Expression Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-330, which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on February 5, 2008, and March 4, 2008, respectively. Signed by the Mayor on March 19, 2008, it was assigned Act No. 17-329 and transmitted to both Houses of Congress for its review. D.C. Law 17-177 became effective on June 25, 2008.

Prior Codifications

1981 Ed., § 16-902.

1973 Ed., § 16-902.

Effect of Amendments

D.C. Law 19-133 rewrote the section, which formerly read:

"No action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least six months next preceding the commencement of the action. No action for annulment of a marriage performed outside the District of Columbia or for affirmance of any marriage shall be maintainable unless one of the parties is a bona fide resident of the District of Columbia at the time of the commencement of the action. The residence of the parties to an action for annulment of a marriage performed in the District of Columbia shall not be considered in determining whether such action shall be maintainable. If a member of the armed forces of the United States resides in the District of Columbia for a continuous period of six months during his or her period of military service, he or she shall be deemed to reside in the District of Columbia for purposes of this section only."

Legislative History of Laws

Law 1-107, the "District of Columbia Marriage and Divorce Act," was introduced in Council and assigned Bill No. 1-89, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on amended first readings on July 27, 1976, and September 15, 1976, and second readings on November 22, 1976 and December 7, 1976. Signed by the Mayor on January 4, 1977, it was assigned Act No. 1-193 and transmitted to both Houses of Congress for its review.

Law 19-133, the "Civil Marriage Dissolution Equality Act of 2012", was introduced in Council and assigned Bill No. 19-526, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 7, 2012, and March 6, 2012, respectively. Signed by the Mayor on March 20, 2012, it was assigned Act No. 19-330 and transmitted to both Houses of Congress for its review. D.C. Law 19-133 became effective on May 31, 2012.

Prior Codifications

1981 Ed., § 16-903.

1973 Ed., § 16-903.

Effect of Amendments

D.C. Law 18-110 substituted "46-401.01" for " 46-401".

Legislative History of Laws

Law 18-110, the "Religious Freedom and Civil Marriage Equality Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-482, which was referred to the Committee on Public Safety and the Judiciary. The bill was adopted on first and second readings on December 1, 2009, and December 15, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-248 and transmitted to both Houses of Congress for its review. D.C. Law 18-110 became effective on March 3, 2010.

Prior Codifications

1981 Ed., § 16-904.

1973 Ed., § 16-904.

Effect of Amendments

D.C. Law 14-207, in subsec. (b), made nonsubstantive changes in pars. (1) and (2), and repealed pars. (3) and (4). Prior to repeal, pars. (3) and (4) read as follows:

"(3) either party has committed adultery; or

"(4) either party has engaged in conduct which constitutes cruelty toward the other."

D.C. Law 17-231, in subsec. (d)(1), substituted "spouse" for "wife or husband".

Legislative History of Laws

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.

Law 14-207, the "Domestic Relations Laws Clarifications Act of 2002", was introduced in Council and assigned Bill No. 14-635, which was referred to Committee on the Judiciary.  The Bill was adopted on first and second readings on June 4, 2002, and July 2, 2002, respectively.   Signed by the Mayor on July 23, 2002, it was assigned Act No. 14-441 and transmitted to both Houses of Congress for its review.  D.C. Law 14-207 became effective on October 19, 2002.

Law 17-231, the "Omnibus Domestic Partnership Equality Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-135, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on June 6, 2008, it was assigned Act No. 17-403 and transmitted to both Houses of Congress for its review. D.C. Law 17-231 became effective on September 12, 2008.

Prior Codifications

1981 Ed., § 16-905.

1973 Ed., § 16-905.

Effect of Amendments

D.C. Law 14-207, in subsec. (a), substituted "legal separation" for "divorce from bed and board".

Legislative History of Laws

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

For Law 14-207, see notes following § 16-904.

Prior Codifications

1981 Ed., § 16-906.

1973 Ed., § 16-906.

Effect of Amendments

D.C. Law 14-207 substituted "legal separation" for "divorce from bed and board".

Legislative History of Laws

For Law 14-207, see notes following § 16-904.

Prior Codifications

1981 Ed., § 16-907.

1973 Ed., § 16-907.

Effect of Amendments

D.C. Law 18-33 added subsec. (c).

Legislative History of Laws

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

For Law 18-33, see notes following § 16-308.

Prior Codifications

1981 Ed., § 16-908.

1973 Ed., § 16-908.

Effect of Amendments

D.C. Law 18-33 rewrote the section, which had read as follows:

"A child born in wedlock or born out of wedlock is the legitimate child of its father and mother and is the legitimate relative of its father's and mother's relatives by blood or adoption."

Legislative History of Laws

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

For Law 18-33, see notes following § 16-308.

Prior Codifications

1981 Ed., § 16-909.

1973 Ed., § 16-909.

Effect of Amendments

D.C. Law 13-269 rewrote subsec. (b-1)(1), which formerly read:

"(1) Upon a genetic test result and an affidavit from a laboratory, certified by the American Association of Blood Banks, indicating a 99% probability that the putative father is the father of the child; or"

rewrote subsec. (c) which formerly read:

"(c) Upon the entry of a final judgment determining the parentage of a child by the Superior Court under the provisions of section 16-2341 et seq., section 16- 909(b) or by any other court of competent jurisdiction upon a genetic test result and affidavit as provided in subsection (b-1)(1) of this section, or if the father has acknowledged paternity as provided in section 16-909.01(a), the parent-child relationship is conclusively established. A parent-child relationship that has been established pursuant to subsection (b-1)(1) of this section or section 16-909.01(a)(1) may be challenged upon the same grounds and through the same procedures as are applicable to a final judgment of the Superior Court."

and added subsec. (c-1).

D.C. Law 18-33 rewrote the section, which had read as follows:

"(a) A child's relationship to its mother is established by its birth to her. A child's relationship to its father is established by proving by a preponderance of evidence that he is the father, and there shall be a presumption that he is the father:

"(1) if he and the child's mother are or have been married and the child is born during the marriage, or within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court; or

"(2) if, prior to the child's birth, he and the child's mother have attempted to marry, and some form of marriage has been performed in apparent compliance with law, though such attempted marriage is or might be declared void for any reason, and the child is born during such attempted marriage, or within 300 days after the termination of such attempted marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court; or

"(3) if, after the child's birth, he and the child's mother marry or attempt to marry, (with the attempt involving some form of marriage ceremony that has been performed in apparent compliance with law), though such attempted marriage is or might be declared void for any reason, and he has acknowledged the child to be his; or

"(4) if the putative father has acknowledged paternity in writing.

"(b) If questioned, a presumption created by section 16-909(a)(1) through (4) may be overcome upon proof by clear and convincing evidence that the presumed father is not the child's father. The Superior Court shall try the question of paternity and shall determine whether the presumed father is or is not the father of the child.

"(b-1) A conclusive presumption of paternity shall be created:

"(1) Upon a result and an affidavit from a laboratory of a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services that is performed by a laboratory approved by such a body indicating a 99% probability that the putative father is the father of the child; or

"(2) If the father has acknowledged paternity in writing as provided in section 16-909.01(a)(1).

"(c) The parent-child relationship shall be conclusively established:

"(1) Upon a determination of the parentage of a child by the following:

"(A) The Superior Court of the District of Columbia under the provisions of subchapter II of Chapter 23 of this title or subsection (b) of this section;

"(B) Any other court of competent jurisdiction;

"(C) The IV-D agency of another state, in compliance with jurisdictional and procedural requirements of that state; or

"(D) Any entity of another state authorized to determine parentage, in compliance with jurisdictional and procedural requirements of that state;

"(2) By a voluntary acknowledgment of paternity pursuant to section 16- 909.01(a)(1), unless either signatory rescinds the acknowledgment pursuant to section 16-909.01(a-1); or

"(3) By a voluntary acknowledgment of paternity in another state pursuant to the laws and procedures of that state, unless either signatory rescinds the acknowledgment pursuant to the laws and procedures of that state.

"(c-1) A parent-child relationship that has been established pursuant to subsection (b-1)(1)of this section may be challenged upon the same grounds and through the same procedures as are applicable to a final judgment of the Superior Court. A parent-child relationship that has been established pursuant to subsection (b-1)(2) of this section or section 16-909.01(a)(1) may be challenged in the Superior Court after the rescission period provided by section 16-909.01(a-1) through the same procedures as are applicable to a final judgment of the Superior Court, but only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party. The legal responsibilities (including child support obligations) of any signatory arising from the acknowledgment of parentage may not be suspended during the challenge, except for good cause shown.

"(d) The parent-child relationship between an adoptive parent and a child may be established conclusively by proof of adoption."

D.C. Law 18-88 rewrote subsec. (a-1)(2); and, in subsec. (e)(2), inserted "A donor of semen to a person for artificial insemination, other than the donor's spouse or domestic partner, is not a parent of a child thereby conceived unless the donor and the person agree in writing that said donor shall be a parent.". Prior to amendment, subsec. (a-1)(2) read as follows:

"(2) For a child born to a mother in a domestic partnership, there shall be a presumption that the female domestic partner of the child's mother is a parent of the child if the mother and the mother's domestic partner are or have been in a domestic partnership at the time of either conception or birth, or between conception and birth, and the child is born during the domestic partnership, or within 300 days after the termination of the domestic partnership pursuant to § 32-702(d)."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 105(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary amendment of section, see § 5(c) of the Child Support and Welfare Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(c) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 5(c) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(c) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 105(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 105(c) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 105(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 106(c) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 402 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 402 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 16-573.

For legislative history of D.C. Law 9-5, see Historical and Statutory Notes following § 16-909.01.

For legislative history of D.C. Law 9-39, see Historical and Statutory Notes following § 16-909.01.

Law 10-223, the "Paternity Establishment Act of 1994," was introduced in Council and assigned Bill No. 10-777, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 15, 1994, it was assigned Act No. 10-360 and transmitted to both Houses of Congress for its review. D.C. Law 10-223 became effective on March 16, 1995.

For D.C. Law 13-269, see notes following § 16-901.

For Law 18-33, see notes following § 16-308.

For Law 18-88, see notes following § 16-801.

Miscellaneous Notes

Mayor authorized to issue rules: See note to § 16-909.02.

Prior Codifications

1981 Ed., § 16-909.1.

Effect of Amendments

D.C. Law 13-269 rewrote subsec. (a) which formerly read:

"(a) Paternity may be established by:"

; added subsec. (a-1); in subsec. (b), struck "section 16-909.1(a)(1)" and inserted "subsection (a)(1) of this section, which has not been rescinded pursuant to subsection (a-1) of this section,", struck "section 16-909.1(a)(2)" and inserted "subsection (a)(2) of this section"; and, in subsec. (c), struck "section 16-909.1(a)(1) or (a) (2)" and inserted "subsection (a)(1) or (a)(2) of this section".

D.C. Law 18-33, in subsec. (b), substituted "When a child has no presumed parent under § 16-909(a)(1) through (4) or § 16-909(a-1)(2), an acknowledgment" for "An acknowledgment"; and, in subsec. (d), substituted "If a child has a presumed parent, in the absence" for "In the absence".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 105(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary amendment of section 16-909.1 [1981 Ed.], see § 5(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 5(d) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 5(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(d) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 105(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 105(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 105(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 106(d) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

Law 9-5 was, the "District of Columbia Paternity Establishment Temporary Act of 1991," introduced in Council and assigned Bill No. 9-142. The Bill was adopted on first and second readings on March 5, 1991, and April 9, 1991, respectively. Signed by the Mayor on April 26, 1991, it was assigned Act No. 9-20 and transmitted to both Houses of Congress for its review.

Law 9-39, the "District of Columbia Paternity Establishment Act of 1991," was introduced in Council and assigned Bill No. 9-2, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 4, 1991, and July 2, 1991, respectively. Signed by the Mayor on July 24, 1991, it was assigned Act No. 9-76 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 10-223, see Historical and Statutory Notes following § 16-909.

Law 11-110, the "Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 1, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.

Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.

For D.C. Law 13-269, see notes following § 16-901.

For Law 18-33, see notes following § 16-308.

Miscellaneous Notes

Mayor authorized to issue rules: See note to § 16-909.02.

Section 28(b)(1) of D.C. Law 15-354 provides that the section designation of § 16-901.1 of the District of Columbia Official Code is redesignated as § 16-901.01.

Prior Codifications

1981 Ed., § 16-909.2.

Effect of Amendments

D.C. Law 18-33 substituted "parentage" for "paternity".

Temporary Addition of Sections

For temporary (225 day) addition of section, see § 102(b) of the Paternity Acknowledgment and Gas Station Advisory Board Re-establishment Temporary Act of 1996 (D.C. Law 11-206, April 9, 1997, law notification 44 DCR 2401).

Legislative History of Laws

For legislative history of D.C. Law 10-223, see Historical and Statutory Notes following § 16-909.

For Law 18-33, see notes following § 16-308.

Miscellaneous Notes

Mayor authorized to issue rules: Section 3 of D.C. Law 10-223 provided that, pursuant to Subtitle I of Chaper 15 of Title 1, the Mayor may issue rules to implement the provisions of the act.

Section 28(b)(1) of D.C. Law 15-354 provides that the section designation of § 16-901.2 of the District of Columbia Official Code is redesignated as § 16-901.02.

Prior Codifications

1981 Ed., § 16-909.3.

Effect of Amendments

D.C. Law 13-269 rewrote this section which formerly read:

"(a) For the purposes of this section, the term 'birthing hospital' means a hospital that has an obstetric care unit or provides obstetric services, or a birthing center associated with a hospital.

"(b)(1) Each public and private birthing hospital in the District shall operate a hospital-based program that, immediately before and after the birth of a child, provides to each unmarried woman who gives birth at the hospital and the alleged putative father, if present in the hospital, the following:

"(A) Written materials concerning paternity establishment;

"(B) Forms necessary to voluntarily acknowledge paternity;

"(C) A written description of the rights and responsibilities of establishing paternity;

"(D) The opportunity to speak, either by telephone or in person, with staff who are trained to clarify information and answer questions about paternity establishment; and

"(E) The opportunity to voluntarily acknowledge paternity in the hospital.

"(2) The Mayor shall provide to each birthing hospital the materials described in paragraph (1)(A) through (C) of this subsection in sufficient amounts to be distributed to all concerned parties under this subsection.

"(c) Each public and private birthing hospital shall provide the following services:

"(1) Afford the mother and alleged putative father, if present in the hospital, due process safeguards;

"(2) Inform the mother and alleged putative father, if present in the hospital, that each is required to sign the voluntary acknowledgment of paternity form to effectuate the voluntary acknowledgment of paternity;

"(3) Inform the mother and alleged putative father, if present in the hospital, that their signatures on the voluntary acknowledgment of paternity form must be authenticated by a notary or witness; and

"(4) Provide for the services of a notary on the premises of the birthing hospital.

"(d) The birthing hospital shall transmit each completed voluntary acknowledgment of paternity form to the Mayor within 14 days of completion. The Mayor shall promptly record identifying information from the form and permit the child support enforcement agency for the District timely access to the identifying information and any other documentation recorded from the form that the child enforcement agency needs to determine if a voluntary acknowledgment of paternity has been recorded or to seek a support order on the basis of the recorded voluntary acknowledgment of paternity.

"(e) The Mayor shall provide to the staff of each birthing hospital training, guidance, and written instructions necessary to operate the paternity acknowledgment program required by this section.

"(f) The Mayor shall assess the paternity acknowledgment program of each birthing hospital each year."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 105(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 201(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

Temporary Addition of Sections

For temporary (225 day) addition of section and § 16-909.4 [1981 Ed], see § 5(b) and (e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) addition of § 16-909.4 [1981 Ed] and § 16-909.5 [1981 Ed], see § 5(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of § 16-909.4 [1981 Ed] and § 16-909.5 [1981 Ed, see § 105(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

Emergency Act Amendments

For temporary addition of section, see § 2(b) of the Paternity Acknowledgment Congressional Review Emergency Act of 1996 (D.C. Act 11-423, October 28, 1996, 43 DCR 6136), § 2 (b) of the Paternity Acknowledgment Second Congressional Review Emergency Act of 1996 (D.C. Act 11-480, December 30, 1996, 44 DCR 212), § 2(b) of the Paternity Acknowledgment Congressional Review Emergency Act of 1997 (D.C. Act 12-20, March 3, 1997, 44 DCR 1765), § 2(b) of the Paternity Acknowledgment Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12- 181, October 30, 1997, 44 DCR 6953, repealed by D.C. Act 12-222, § 14(a)), and § 2(b) of the Paternity Acknowledgment Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-253, January 29, 1998, 45 DCR 903).

For temporary addition of section, see § 102 of the Paternity Acknowledgment and Gas Station Advisory Board Re-establishment Emergency Act of 1996 (D.C. Act 11-356, August 8, 1996, 43 DCR 4561).

For temporary designation of title I of the act as the Paternity Acknowledgment Emergency Act of 1996, see § 101 of the Paternity Acknowledgment and Gas Station Advisory Board Re-establishment Emergency Act of 1996 (D.C. Act 11-356, August 8, 1996, 43 DCR 4561).

Section 3 of D.C. Act 11-423, D.C. Act 11-480, and D.C. Act 12-20 provides that the enactment "will ensure that the District government remains eligible for approximately $13 million in federal funds used in the collection of child support payments from noncustodial parents for the care of children who reside in the District.".

For temporary addition of section, see § 5(e) of the Child Support Welfare and Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(e) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(e) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary addition of § 16-909.4 [1981 Ed.], see § 5(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114) and § 5(f) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923).

For temporary repeal of § 16-909.03, see § 14(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary addition of § 16-909.4 [1981 Ed.] and 16-909.5 [1981 Ed.], see § 5(f) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(f) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(f) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary amendment of section, see § 105(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary addition of § 16-909.4 [1981 Ed.] and 16-909.5 [1981 Ed.], see § 105(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) addition of §§ 16-909.4 [1981 Ed.] and 16-909.5 [1981 Ed.], see § 105(f) of the same Act.

For temporary (90-day) amendment of section, see § 105(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) addition of §§ 16-909.4 [1981 Ed.] and 16-909.5 [1981 Ed.], see § 105(f) of the same Act.

For temporary (90-day) amendment of section, see § 105(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90-day) addition of §§ 16-909.4 [1981 Ed.] and 16-909.5 [1981 Ed.], see § 105(f) of the same Act.

For temporary (90 day) amendment of section, see § 105(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 106(e) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

Law 12-54, the "Paternity Acknowledgment Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-255, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 1, 1997, and September 22, 1997, respectively. Signed by the Mayor on October 3, 1997, it was assigned Act No. 12-171 and transmitted to both Houses of Congress for its review. D.C. Law 12-54 became effective on February 27, 1998.

For D.C. Law 13-269, see notes following § 16-901.

Miscellaneous Notes

Section 28(b)(1) of D.C. Law 15-354 provides that the section designation of § 16-901.3 of the District of Columbia Official Code is redesignated as § 16-901.03.

Effect of Amendments

D.C. Law 18-33 substituted "the names of 2 parents" for "a father's name".

Temporary Addition of Section

For temporary (225 day) addition of section, see § 105(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary (90 day) addition of this section, see § 105(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 106(f) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 16-901.

For Law 18-33, see notes following § 16-308.

Miscellaneous Notes

Section 28(b)(1) of D.C. Law 15-354 provides that the section designation of § 16-901.4 of the District of Columbia Official Code is redesignated as § 16-901.04.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 105(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary (90 day) addition of this section, see § 105(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 106(f) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 16-901.

Miscellaneous Notes

Section 28(b)(1) of D.C. Law 15-354 provides that the section designation of § 16-901.5 of the District of Columbia Official Code is redesignated as § 16-901.05.

Prior Codifications

1981 Ed., § 16-910.

1973 Ed., § 16-910.

Effect of Amendments

D.C. Law 14-207, in the section heading, substituted "Assignment and equitable distribution of property." for "Dissolution of property rights; jurisdiction of court."; rewrote the introductory paragraph and subsec. (b); and added subsec. (c). The introductory paragraph and subsec. (b) had read, respectively, as follows:

"Upon the entry of a final decree of annulment or divorce in the absence of a valid ante-nuptial or post-nuptial agreement or a decree of legal separation disposing the property of the spouses, the court shall:"

"(b) distribute all other property accumulated during the marriage, regardless of whether title is held individually or by the parties in a form of joint tenancy or tenancy by the entireties, in a manner that is equitable, just and reasonable, after considering all relevant factors including, but not limited to: the duration of the marriage, any prior marriage of either party, the age, health, occupation, amount and sources of income, vocational skills, employability, assets, debts, and needs of each of the parties, provisions for the custody of minor children, whether the distribution is in lieu of or in addition to maintenance, and the opportunity of each for future acquisition of assets and income. The court shall also consider each party's contribution to the acquisition, preservation, appreciation, dissipation or depreciation in value of the assets subject to distribution under this subsection, and each party's contribution as a homemaker or to the family unit."

D.C. Law 16-79, in lead-in language, substituted "or divorce, or upon the termination of a domestic partnership pursuant to § 32-702 and the filing of a petition for relief under this section," for "or divorce,"; in subsec. (a), substituted "marriage or domestic partnership" for "marriage"; in the lead-in language of subsec. (b), substituted "marriage or domestic partnership" for "marriage"; in par. (b)(1), substituted "marriage or domestic partnership;" for "marriage;"; in par. (b)(5), substituted "marriage, a prior domestic partnership," for "marriage"; and in par. (b)(9), substituted "marriage, the domestic partnership," for "marriage".

D.C. Law 16-191, in the introductory language, inserted "available" following "relief".

D.C. Law 17-231, in the lead-in language, substituted "§ 32-702(d)" for "§ 32- 702".

Legislative History of Laws

For Law 14-207, see notes following § 16-904.

For Law 16-79, see notes following § 16-571.

Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.

For Law 17-231, see notes following § 16-904.

Prior Codifications

1981 Ed., § 16-911.

1973 Ed., § 16-911.

Effect of Amendments

D.C. Law 13-91, in subpar. (a)(5)(O), substituted "or Program on Work" for "Program on Work".

D.C. Law 14-207, in the section heading, substituted "Pendente lite relief." for "Alimony pendente lite; suit money; enforcement; custody of children."; in subsec. (a), rewrote pars. (1) and (5); repealed subsecs. (a-1) and (a-2); rewrote subsec. (c); and added subsec. (d). Subsecs. (a)(1), (a)(5), (a-1), (a-2), and (c) had read as follows:

"(1) require the husband or wife to pay alimony to the other spouse for the maintenance of himself or herself and their minor children committed to such other spouse's care, and suit money, including counsel fees, to enable such other spouse to conduct the case, whether as the plaintiff or the defendant, and enforce any order relating thereto by attachment, garnishment and/or imprisonment for disobedience;"

"(5) determine who shall have the care and custody of a minor child or children pending the proceedings, without conclusive regard to the race, color, national origin, political affiliation, sex or sexual orientation, in and of itself, of a party according to procedures set forth in this section. The court may award joint or sole custody according to the best interest of the child. In determining the care and custody of a minor child, the best interest of the child shall be the primary consideration. Unless the court determines that it is not in the best interest of the child, the court may issue an order that provides for frequent and continuing contact between each parent and the minor child or children and for the sharing of responsibilities of child-rearing and encouraging the love, affection, and contact between the minor child or children and the parents regardless of marital status. There shall be a rebuttable presumption that joint custody is in the best interest of the child or children, except in instances where a judicial officer has found by a preponderance of the evidence that an intrafamily offense as defined in D.C. Official Code section 16-1001(5), an instance of child abuse as defined in section 102 of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; § 4-1301.02), an instance of child neglect as defined in section 2 of the Child Abuse and Neglect Prevention Children's Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; § 4- 1341.01), or where parental kidnapping as defined in D.C. Official Code section 16-1021 through section 16-1026 has occurred. There shall be a rebuttable presumption that joint custody is not in the best interest of the child or children if a judicial officer finds by a preponderance of the evidence that an intrafamily offense as defined in D.C. Official Code section 16-1001(5), an instance of child abuse as defined in section 102 of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; § 4-1301.02), an instance of child neglect as defined in section 2 of the Child Abuse and Neglect Prevention Children's Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; § 4-1341.01), or where parental kidnapping as defined in D.C. Official Code section 16-1021 through section 16-1026 has occurred. To determine the best interest of the child, for the purpose of making a joint or sole custody determination, the court shall consider all relevant factors, including, but not limited to:

"(A) the wishes of the child as to his or her custodian, where practicable;

"(B) the wishes of the child's parent or parents as to the child's custody;

"(C) the interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may emotionally or psychologically affect the child's best interest;

"(D) the child's adjustment to his or her home, school, and community;

"(E) the mental and physical health of all individuals involved;

"(F) the capacity of the parents to communicate and reach shared decisions affecting the child's welfare;

"(G) the willingness of the parents to share custody;

"(H) the prior involvement of each parent in the child's life;

"(I) the potential disruption of the child's social and school life;

"(J) the geographical proximity of the parental homes as this relates to the practical considerations of the child's or children's residential schedule;

"(K) the demands of parental employment;

"(L) the age and number of children;

"(M) the sincerity of each parent's request;

"(N) the parent's ability to financially support a custody arrangement;

"(O) the impact on Temporary Assistance for Needy Families, or Program on Work, Employment, and Responsibilities, and medical assistance;

"(P) the benefit to the parents; and

"(Q) evidence of an intrafamily offense as defined in section 16-1001(5)."

"(a-1) For the purposes of this section, if the judicial officer finds by a preponderance of evidence that a contestant for custody has committed an intrafamily offense, any determination that custody or visitation is to be granted to the abusive parent shall be supported by a written statement by the judicial officer specifying factors and findings which support that determination. In determining visitation arrangements, if the judicial officer finds that an intrafamily offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party. The party found to have committed an intrafamily offense has the burden of proving that visitation will not endanger the child or significantly impair the child's emotional development."

"(a-2)(1) A custody order may include:

"(A) sole legal custody;

"(B) sole physical custody;

"(C) joint legal custody;

"(D) joint physical custody; or

"(E) any other custody arrangement the court may determine is in the best interest of the child.

"(2)(A) In any custody proceeding under this chapter, the court may order each parent to submit a detailed parenting plan which shall delineate each parent's position with respect to the scheduling and allocation of rights and responsibilities that will best serve the interest of the minor child or children. The parenting plan may include, but shall not be limited to, provisions for:

"(i) the residence of the child or children;

"(ii) the financial support based on the needs of the child or children and the actual resources of the parent;

"(iii) visitation;

"(iv) holidays, birthdays, and vacation visitation;

"(v) transportation of the child or children between the residences;

"(vi) education;

"(vii) religious training, if any;

"(viii) access to the child's or children's educational, medical, psychiatric, and dental care records;

"(ix) except in emergencies, the responsibility for medical, psychiatric, and dental treatment decisions;

"(x) communication between the child and the parents; and

"(xi) resolving conflict such as a recognized family counseling or mediation service before application to the court to resolve a conflict.

"(B) The court shall consider the parenting plans submitted by the parents in evaluating the factors set forth in subsection (a) of this section and in fashioning a custody order.

"(C) The court shall designate the parent who will make the major decisions concerning the health, safety, and welfare of the child that need immediate attention.

"(D) The court may also order either or both parents to attend parenting classes.

"(3) Joint custody shall not eliminate the responsibility for child support in accordance with the applicable child support guideline as set forth in section 16-916.01.

"(4)(A) An award of custody may be modified or terminated upon the motion of one or both parents, or on the court's own motion, upon a determination that there has been a substantial and material change in circumstances and that such modification or termination is in the best interest of the child.

"(B) When a motion to modify custody is filed, the burden of proof is on the party seeking a change, and the standard of proof shall be by a preponderance of the evidence.

"(C) The provision of this act shall apply to motions to modify or terminate any award of custody filed after the enactment date of this act.

"(5) The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's or children's interests.

"(6)(A) The court shall enter an order for any custody arrangement which is agreed to by both parents unless clear and convincing evidence indicates that such arrangement is not in the best interest of the minor child or children.

"(B) An objection by one parent to any custody arrangement shall not be the sole basis for refusing the entry of an order that the court determines is in the best interest of the minor child or children.

"(C) The court shall place on the record the specific factors and findings which justify any custody arrangement not agreed to by both parents.

"(D) The mere enactment of this act does not, in and of itself, constitute a substantial and material change in circumstances and, therefore, may not constitute the sole basis for modifying or terminating a custody award."

"(c) Upon its own motion or upon motion of either party, the court may order at any time, that maintenance or support payments be made to the clerk of the court for remittance to the person entitled to receive the payments."

D.C. Law 15-205 rewrote subsec. (c) which had read as follows:

"(c) The Court may order, at any time, that maintenance or support payments be made to the clerk of the court for remittance to the person entitled to receive the payments, and shall order that such payments be made to the clerk of the court when required to implement withholding under section 46-207."

D.C. Law 16-79, in par. (a)(1)(A), substituted "spouse or domestic partner" for "husband or wife"; in par. (a)(1)(B), substituted "spouse or domestic partner" for "spouse"; in par. (a)(2), substituted "spouse or domestic partner's" for "spouse's"; in par. (a)(3), substituted "spouse or domestic partner" for "spouse"; and rewrote the lead-in language to subsec. (a), which had read as follows:

"(a) During the pendency of an action for divorce, or an action by the husband or wife to declare the marriage null and void, where the nullity is denied by the other spouse, the court may:".

D.C. Law 16-100, in par. (a)(1), substituted "and all support orders shall be enforceable by withholding as provide in section 46-207" for "and shall enforce support orders through withholding as required under section 46-207".

D.C. Law 16-191, in subsec. (a), inserted "available" following "relief" in the introductory language, and substituted "spouse's or domestic partner's" for "spouse or domestic partner's" in par. (2).

D.C. Law 17-128 rewrote subsec. (a)(1), which had read as follows:

"(1) require the spouse or domestic partner to pay pendente lite alimony to the other spouse or domestic partner; require one party to pay pendente lite child support for his or her minor children committed to another party's care; and require the spouse or domestic partner to pay suit money, including counsel fees, to enable such other spouse or domestic partner to conduct the case. The Court may enforce any such order by attachment, garnishment, or imprisonment for disobedience, and all support orders shall be enforceable by withholding as provide in section 46-207. In determining pendente lite alimony for a spouse or domestic partner, the Court shall consider the factors set forth in section 16-913(d) and may make an award of pendente lite alimony retroactive to the date of the filing of the pleading that requests alimony."

D.C. Law 17-231, in subsec. (a), substituted "§ 32-702(d)" for "§ 32-702".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 10 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

For temporary (225 day) amendment of section, see § 105(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 2(f) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16- 42, December 10, 2005, law notification 52 DCR 11038).

Emergency Act Amendments

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 5(g) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(g) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(g) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(g) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(g) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary amendment of section, see § 10 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 10 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 10 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), § 10 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary amendment of section, see § 105(g) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(g) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(g) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 105(g) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 105(g) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 3402 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3402 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 2(f) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 2(f) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

Law 1-87, the "Anti-Sex Discriminatory Language Act," was introduced in Council and assigned Bill No. 1-36, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on first and second readings on June 15, 1976, and June 29, 1976, respectively. Signed by the Mayor on July 27, 1976, it was assigned Act No. 1-143 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

Law 10-154, the "Evidence of Intrafamily Offenses in Child Custody Cases Act of 1994," was introduced in Council and assigned Bill No. 10-7, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on July 8, 1994, it was assigned Act No. 10-270 and transmitted to both Houses of Congress for its review. D.C. Law 10-154 became effective on August 25, 1994.

Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.

For legislative history of D.C. Law 11-110, see Historical and Statutory Notes following § 16-909.01.

For legislative history of D.C. Law 11-112, see Historical and Statutory Notes following § 16-916.03.

For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-909.01.

For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 16-901.

Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.

For Law 14-207, see notes following § 16-904.

Law 15-205, the "Fiscal Year 2005 Budget Support Act of 2004", was introduced in Council and assigned Bill No. 15-768, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 14, 2004, and June 29, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-487 and transmitted to both Houses of Congress for its review. D.C. Law 15-205 became effective on December 7, 2004.

For Law 16-79, see notes following § 16-571.

For D.C. Law 16-100, see notes following § 16-571.01.

For Law 16-191, see notes following § 16-910.

For Law 17-128, see notes following § 16-901.

For Law 17-231, see notes following § 16-904.

Miscellaneous Notes

Short title of subtitle D of title III of Law 15-205: Section 3401 of D.C. Law 15-205 provided that subtitle D of title III of the act may be cited as the Child Support Transfer of Functions Amendment Act of 2004.

Prior Codifications

1981 Ed., § 16-912.

1973 Ed., § 16-912.

Legislative History of Laws

For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-911.

Law 13-292, the "Omnibus Trusts and Estates Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-298, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 26, 2001, it was assigned Act No. 13-599 and transmitted to both Houses of Congress for its review. D.C. Law 13-292 became effective on April 27, 2001.

For Law 14-207, see notes following § 16-904.

Prior Codifications

1981 Ed., § 16-913.

1973 Ed., § 16-913.

Effect of Amendments

D.C. Law 14-207 rewrote the section which had read as follows:

"When a divorce is granted on the application of the husband or wife, the court may require him or her to pay alimony to the other spouse, if it seems just and proper."

D.C. Law 16-79, in subsec. (a), substituted "divorce or legal separation is granted, or when a termination of a domestic partnership becomes effective under § 32-702 and one partner has filed a petition for relief under this section," for "divorce or legal separation is granted,"; in par. (d)(3), substituted "marriage or domestic partnership" for "marriage"; in par. (d)(4), substituted "marriage or domestic partnership" for "marriage"; and in par. (d)(9)(B), substituted "both those that are the property of the marriage or domestic partnership and those that are not" for "both marital or non-marital".

D.C. Law 16-191, in subsec. (a), inserted "available" following "relief".

D.C. Law 17-231, in subsec. (a), substituted "§ 32-702(d)" for "§ 32-702".

Legislative History of Laws

For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-911.

For Law 14-207, see notes following § 16-904.

For Law 16-79, see notes following § 16-571.

For Law 16-191, see notes following § 16-910.

For Law 17-231, see notes following § 16-904.

Prior Codifications

1981 Ed., § 16-914.

1973 Ed., § 16-914.

Effect of Amendments

D.C. Law 13-91, in subpar. (a)(3)(P), substituted "or Program on Work" for "Program on Work".

D.C. Law 14-207, in the section heading, substituted "Custody of children." for "Retention of jurisdiction as to alimony and custody of children."; in subsec. (a), rewrote par (1), and in par. (3), substituted "a child" for "infant children" and in subpar. (K) of par. (3), deleted "or children's"; repealed subsec. (a-2); and added subsecs. (c), (d), (e), (f), (g), (h), (i), and (j). Par. (1) of subsec. (a) and subsec. (a-2) had read as follows:

"(a)(1) After the issuance of a decree of divorce granting alimony and providing for the care and custody of children, the case shall still be considered open for any future orders relating to those matters. With respect to matters of custody and visitation, the race, color, national origin, political affiliation, sex, or sexual orientation, in and of itself, of a party shall not be a conclusive consideration."

"(a-2) The mere enactment of the Joint Custody of Children Act of 1996 does not, in and of itself, constitute a substantial and material change in circumstances and, therefore, may not constitute the sole basis for modifying or terminating a custody award."

D.C. Law 17-177, in subsec. (a)(1)(A), substituted "sexual orientation, gender identity or expression" for "or sexual orientation".

D.C. Law 17-368, in subsec. (a)(2), substituted "§ 16-1001(8)" for "D.C. Official Code section 16-1001(5)" in two places; and added subsec. (a-3).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 11 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

For temporary (225 day) amendment of section, see § 105(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary amendment of section, see § 5(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(h) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(h) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(h) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(h) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary amendment of section, see § 11 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 11 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 11 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 11 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 105(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(h) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 105(h) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 105(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

Legislative History of Laws

For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-911.

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

For legislative history of D.C. Law 10-154, see Historical and Statutory Notes following § 16-911.

For legislative history of D.C. Law 11-112, see Historical and Statutory Notes following § 16-916.03.

For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 16-901.

For Law 13-91, see notes following § 16-911.

For Law 14-207, see notes following § 16-904.

For Law 17-177, see notes following § 16-901.

For Law 17-368, see notes following § 16-801.

Legislative History of Laws

For Law 14-207, see notes following § 16-904.

Legislative History of Laws

Law 19-110, the "Military Parents' Child Custody and Visitation Rights Act of 2012", was introduced in Council and assigned Bill No. 19-332, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 6, 2011, and January 4, 2012, respectively. Signed by the Mayor on January 20, 2012, it was assigned Act No. 19-285 and transmitted to both Houses of Congress for its review. D.C. Law 19-110 became effective on March 14, 2012.

Prior Codifications

1981 Ed., § 16-915.

1973 Ed., § 16-915.

Legislative History of Laws

For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-911.

Prior Codifications

1981 Ed., § 16-916.

1973 Ed., § 16-916.

Effect of Amendments

D.C. Law 13-269, in subsec. (a), inserted 'that either or both parents shall pay for the unreimbursed medical expenses of the child, and that a parent shall obtain medical insurance for the child whenever that insurance is available at a reasonable cost," preceding "and the court may decree"; and, in subsec. (c), inserted "that either or both parents shall pay for the unreimbursed medical expenses of the child," preceding "that the parent obtain medical insurance".

D.C. Law 15-130, in subsec. (a), deleted "that either or both parents shall pay for the unreimbursed medical expenses of the child, and that a parent shall obtain medical insurance for the child whenever that insurance is available at a reasonable cost," following "as the case may be,"; in subsec. (c), deleted "that either or both parents shall pay for the unreimbursed medical expenses of the child, and that a parent shall obtain medical insurance for the child whenever that insurance is available at a reasonable cost," following "maintenance of the child,"; and added subsecs. (c-1), (c-2), and (c-3).

D.C. Law 16-79 rewrote subsecs. (a) and (b), which had read as follows:

"(a) Whenever a spouse or domestic partner shall fail or refuse to maintain his or her needy spouse, domestic partner, minor children, or both, although able to do so, or whenever any parent shall fail or refuse to maintain his or her children by a marriage since dissolved, although able to do so, the court, upon proper application and upon a showing of genuine need of a spouse or domestic partner, may decree, pendente lite and permanently, that such spouse or domestic partner shall pay reasonable sums periodically for the support of such needy spouse or domestic partner and of the children, or such children, as the case may be, and the court may decree that he or she pay suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case.

"(b) Whenever a former spouse or domestic partner has obtained a foreign ex parte divorce or termination of the domestic partnership, the court thereafter, on application of the other former spouse or domestic partner and with personal service of process upon such former spouse or domestic partner in the District of Columbia, may decree that he or she shall pay him or her reasonable sums periodically for his or her maintenance and for suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case."

D.C. Law 16-100 added subsec. (c-4).

D.C. Law 16-138 repealed subsec. (f), which had read as follows:

"(f) Any court order that establishes a retroactive amount of child support or a judgment for unreimbursed public assistance shall be established in accordance with section 16-916.01 and shall take into consideration either the current earnings and income of the noncustodial parent at the time the order is set or the earnings and income of the noncustodial parent during the period for which retroactive child support or unreimbursed public assistance is sought. To overcome the presumptive support amount, the court may consider the obligor's ability to pay back support and concurrently maintain current payments."

D.C. Law 17-128 rewrote subsecs. (c), (c-1), (c-2), and (c-3) and added subsecs. (c-3A), (c-3B), and (c-3C). Prior to amendment, subsecs. (c), (c-1), (c-2), and (c-3) read as follows:

"(c) When a father or mother fails to maintain his or her minor child, the Court may decree that the father or mother pay reasonable sums periodically for the support and maintenance of the child, and that the father or mother pay Court costs, including counsel fees, to enable plaintiff to conduct the cases.

"(c-1) A support order entered under this section shall contain terms providing for the payment of medical expenses for each child included in the support order, whether or not health insurance coverage is available to pay for those expenses. The court may order either or both parents to provide health insurance coverage for the child, or to pay the unreimbursed medical expenses of the child. In all cases where health insurance coverage is available to either or both parents at reasonable cost, the court shall order either or both parents with health insurance coverage available to provide the coverage, unless a party establishes that the provision of health insurance coverage would be contrary to the best interests of the child.

"(c-2) In selecting among health insurance coverage options, the court shall consider, at a minimum, the cost, comprehensiveness, accessibility, and continuing availability of all health insurance coverage available to either parent.

"(c-3) For the purposes of this section, health insurance coverage shall be considered reasonable in cost if it is employer-related or other group health insurance coverage, regardless of the service delivery mechanism."

D.C. Law 17-231, in subsec. (b), substituted "termination of the domestic partnership, in accordance with § 32-702(d)," for "termination of the domestic partnership,".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 5(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 105(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 202(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 202(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

For temporary (225 day) amendment of section, see § 2(g) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16- 42, December 10, 2005, law notification 52 DCR 11038).

Emergency Act Amendments

For temporary amendment of section, see § 5(i) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(i) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(i) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(i) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(i) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 105(i) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(i) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(i) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 105(i) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 105(i) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 106(g) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 202(b) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 202(b) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 202(b) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 202(b) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

For temporary (90 day) amendment of section, see § 2(g) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 2(g) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-911.

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 16-924.

Law 7-231, the "Technical Amendments Act of 1988," was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988, and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 10-223, see Historical and Statutory Notes following § 16-909.

Law 11-87, the "Child Support Enforcement and Licensing Compliance Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-225, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 10, 1995, and November 7, 1995, respectively. Signed by the Mayor on November 27, 1995, it was assigned Act No. 11-158 and transmitted to both Houses of Congress for its review. D.C. Law 11-87 became effective on February 13, 1996.

For D.C. Law 13-269, see notes following § 16-901.

For Law 15-130, see notes following § 16-901.

For Law 16-79, see notes following § 16-571.

For D.C. Law 16-100, see notes following § 16-571.01.

For Law 16-138, see notes following § 16-916.01.

For Law 17-128, see notes following § 16-901.

For Law 17-231, see notes following § 16-904.

Effective Dates

Applicability: Section 4 of D.C. Law 16-138 provides: "This act shall apply as of April 1, 2007."

Prior Codifications

1981 Ed., § 16-916.1.

Effect of Amendments

D.C. Law 13-269, in subsec. (i), substituted "if payment of such expenses has not been addressed in the support order or in an agreement between the parties" for "absent an agreement between the parties" at the end of the first sentence and rewrote (o)(2), which formerly read:

"(2) Every 3 years, in cases being enforced under part D of title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.) ("IV-D program"), the Department of Human Services Office of Paternity and Child Support Enforcement and the Child Support Section of the Civil Division of the Office of the Corporation Counsel shall notify both the noncustodial and the custodial parent of the right to seek a modification of their child support order under the guidelines. The Department of Human Services Office of Paternity and Child Support Enforcement and the Child Support Section of the Civil Division of the Office of the Corporation Counsel shall establish a procedure for informing the noncustodial and custodial parent if a modification is warranted under the guideline."

Pub. L. 107-114, in subsec. (o)(6), substituted "Family Court of the Superior Court" for "Family Division".

D.C. Law 14-207, in subsec. (c), rewrote par. (17), made nonsubstantive changes to pars. (23) and (24), and added par. (25); added subsec. (c-1); in subsec. (j), added par. (3); in subsec. (n), inserted "In such shared custody situations, the judicial officer shall have the authority to order either parent to pay a portion of the following expenses for the child: extracurricular activities and lessons, visitation, transportation, private school tuition, school fees, day care, camp, unreimbursed or uninsured health care expenses, and other such expenses. The payments may be in addition to any award of child support."; and added subsecs. (s) and (t). Par. (17) of subsec. (c) had read as follows:

"(17) Spousal support received from a person who is not a party to the child support order;"

D.C. Law 15-130 added subsec. (h-1) and par. (2A) of subsec. (o).

D.C. Law 15-357 added par. (3A).

D.C. Law 16-100, in par. (o)(3A), substituted "specific facility (except where the parent is incarcerated for contempt for failure to pay child support pursuant to section 46-225.02)," for "specific facility,".

D.C. Law 16-138 rewrote the section which had read as follows:

"(a) In any case brought under paragraph (1), (3), (10), or (11) of section 11- 1101 that involves the establishment or enforcement of child support, or in any case that seeks to modify an existing child support order, if the judicial officer finds that there is an existing duty of child support, the judicial officer shall conduct a hearing on child support, make a finding, and enter a judgment in accordance with the child support guideline ("guideline") established in this section.

"(b) The guideline shall be based on the following principles:

"(1) The guideline shall set forth an equitable approach to child support in which both parents share legal responsibility for the support of the child.

"(2) The subsistence needs of each parent shall be taken into account in the determination of child support.

"(3) A parent has the responsibility to meet the child's basic needs as well as to provide additional child support above the basic needs level. The relative standard of living of each household shall be considered in the child support award, and a child shall not bear a disproportionate share of the economic consequences of the existence of 2 households rather than 1. When child support is established, the child shall not live at a standard substantially below that of the noncustodial parent.

"(4) Application of the guideline shall be gender neutral.

"(5) The guideline shall take into consideration the existence of a prior child support order that is being paid by a parent or the obligation of a parent to support a dependent child who lives in the parent's household.

"(6) The guideline shall take into account the difference in cost to raise children of different ages.

"(7) The guideline shall be applied consistently whether or not the custodial parent is a Temporary Assistance for Needy Families, or Program on Work, Employment, and Responsibility recipient.

"(8) The guideline shall be applied presumptively.

"(c) For purposes of this section, the term "gross income" means income from any source, including, but not limited to:

"(1) Salary or wages, including overtime, tips, or income from self-employment;

"(2) Commissions;

"(3) Severance pay;

"(4) Royalties;

"(5) Bonuses;

"(6) Interest or dividends;

"(7) Income derived from a business or partnership after deduction of reasonable and necessary business expenses, but not depreciation;

"(8) Social Security;

"(9) Veteran's benefits;

"(10) Insurance benefits;

"(11) Worker's compensation;

"(12) Unemployment compensation;

"(13) Pension;

"(14) Annuity;

"(15) Income from a trust;

"(16) Capital gains from a real or personal property transaction, if the capital gains represent a regular source of income;

"(17) Spousal support received from any person;

"(18) A contract that results in regular income;

"(19) A perquisite or in-kind compensation if the perquisite or in-kind compensation is significant and represents a regular source of income or reduces living expenses, such as use of a company car or reimbursed meals;

"(20) Income from life insurance or an endowment contract;

"(21) Regular income from an interest in an estate, directly or through a trust;

"(22) Lottery or gambling winnings that are received in a lump sum or in an annuity;

"(23) Prize or award;

"(24) Net rental income after deduction of reasonable and necessary operating costs, but not depreciation; or

"(25) Taxes paid on a party's income by an employer or, if the income is nontaxable, the amount of taxes that would be paid if the income were taxable.

"(c-1) Spousal support paid by the party to the child support order to the other party shall be deducted from the gross income of the paying party.

"(d) A prior child support order that is being paid shall be deducted from a parent's income before the child support obligation is computed in the instant case.

"(e)(1) The guideline shall have 5 income levels with a different percentage applied at each level.

"(2) In level 1, a noncustodial parent with income of $7,500 or below shall be considered unable to contribute the guideline percentage. A noncustodial parent with gross income below $7,500 shall be treated on an individual basis and, in nearly all cases, shall be ordered to pay at least a nominal sum of $50 per month. If the individual circumstances permit, a noncustodial parent with an income below $7,500 shall be ordered to contribute more.

"(3) In level 2, a noncustodial parent with income that is not less than $7,501 and not more than $15,000 per year, and whose income with application of the guideline will not be below the poverty level, shall contribute the following percentage of income for basic child support:

           One child                          20%

          Two children                       26%

          Three children                     30%

          Four or more children              32%

"(4) In level 3, a noncustodial parent with income that is not less than $15,001 and not more than $25,000 per year, and whose income with application of the guideline will not be below the poverty level, shall contribute the following percentage of income for basic child support:

           One child                          21%

          Two children                       27%

          Three children                     31%

          Four or more children              33%

"(5) In level 4, a noncustodial parent with income that is not less than $25,001 and not more than $50,000 per year shall contribute the following percentage of income for basic child support:

           One child                          22%

          Two children                       28%

          Three children                     32%

          Four or more children              34%

"(6) In level 5, a noncustodial parent with income that is not less than $50,001 and not more than $75,000 per year shall contribute the following percentage of income for basic child support:

           One child                          23%

          Two children                       29%

          Three children                     33%

          Four or more children              35%

"(7) In level 2, 3, 4, or 5, the child support percentage for older children shall be adjusted in accordance with this section. Further adjustments to offset medical insurance cost or income of the custodial parent shall be provided in accordance with this section.

"(f) The guideline percentage shall not apply presumptively to a noncustodial parent with income that exceeds $75,000. The amount available to a child of a noncustodial parent with income above $75,000 shall not be less than the amount that would have been ordered if the guideline had been applied to a noncustodial parent with income of $75,000.

"(g) The basic child support order amount of the guideline is for a child 6 years of age or younger. The basic child support order shall be increased by 10% if the oldest child is not less than 7 years of age and not older than 12 years of age. The basic child support order shall be increased by 15% if the oldest child is not less than 13 years of age and not more than 21 years of age. For purposes of this subsection, the age of the oldest child shall be used for the computation of the entire child support order amount rather than to compute a separate amount for each child.

"(h)(1) An offset from the child support order amount shall be allowed for the child's portion of a medical insurance premium if the noncustodial parent adds or has already added the child to the noncustodial parent's current medical insurance policy and the conditions described in this subsection are met. The offset shall be determined by the subtraction from the noncustodial parent's gross income of the amount of the premium attributable to coverage for the child measured on a per capita basis.

"(2) The noncustodial parent shall present proof of the increase in a medical insurance premium incurred as a result of the addition of the child to the medical insurance policy. The proof provided shall identify clearly that the source of the increase of the medical insurance premium is the child who is the subject of the child support order. The cost shall be reasonable.

"(3) If a noncustodial parent does not have medical insurance coverage, does not have a second family, and can obtain medical insurance coverage at a reasonable cost, the court may order the noncustodial parent to obtain medical insurance coverage for the child in accordance with federal law. The amount of the offset shall equal the difference between the premium for single coverage and the premium for family coverage. No offset shall be calculated by using the cost for the coverage for the noncustodial parent.

"(4) If the noncustodial parent has family medical insurance coverage in the noncustodial parent's medical plan for a second family, the addition of the child who is the subject of the child support order need not result in an additional cost of medical insurance coverage to the parent. The noncustodial parent shall be required to provide proof that the child has been added to the medical insurance coverage and to provide a medical insurance card to the custodial parent. An offset shall not be given if there is no additional cost of medical insurance coverage to the noncustodial parent.

"(h-1) For the purposes of this section, medical insurance coverage shall be considered reasonable in cost if it is employer-related or other group medical insurance coverage, regardless of the service delivery mechanism.

"(i) The payment of an uninsured extraordinary medical or dental expense incurred by a minor child who is the subject of a child support petition shall be treated on a case by case basis, if payment of such expenses has not been addressed in the support order or in an agreement between the parties. If the court determines that the medical or dental expense is necessary and is in the best interest of the child, the court may reduce the child support order of the noncustodial parent for a portion of the payment that the noncustodial parent makes toward the medical or dental expense or may increase the child support order to reimburse the custodial parent for payments made by the custodial parent.

"(j) The percentage of the noncustodial parent's gross income shall be reduced by a percentage that corresponds to the custodial parent's share of total parental gross income. The reduction shall be determined according to the following formula:

"(1) Gross income of the custodial parent minus the appropriate threshold amount provided for in paragraph 2 of this subsection and day-care cost divided by gross income of the noncustodial parent plus the custodial parent's gross income minus appropriate threshold amount and child care costs.

"(2) The threshold amount to be used to apply the offset, and below which the custodial parent's income shall be disregarded, shall be $16,500 gross income if there is 1 child. For each additional child, the threshold amount to be used to apply the offset shall increase by $2,000.

"(3) For the purposes of this subsection, the terms "day-care cost" and "child care costs" include work-or education-related child care expenses, including camp and before and after school care.

"(k)(1) If the parties present a consent order, an agreement that is to become an order, or a written agreement that is to be merged in an order, the judicial officer shall examine the child support provisions of the agreement, and compare the child support provisions to the guideline. If the amount of child support agreed upon is outside of the range of child support that would be ordered presumptively upon application of the guideline, the judicial officer shall determine if the agreed upon level of child support is fair and just. If the parties are represented by counsel, the judicial officer shall inquire whether the attorney informed the clients of the guideline. If the clients have not been informed of the guideline, the judicial officer shall advise the attorneys to do so. If a party is not represented by an attorney, the judicial officer shall ensure that the party is aware of the child support amount that the court would order presumptively pursuant to the guideline.

"(2) The propriety of any deviation from the guideline shall be justified in writing with a statement of the factors that form the basis for the judicial officer's finding that the deviation is fair and just. A transcript filed in the jacket shall suffice as a writing.

"(l) Application of the guideline shall be presumptive. The guideline shall be applied unless application of the guideline would be unjust or inappropriate in the circumstances of the particular case. Departures shall be set forth and explained in writing. The factors that may be considered to overcome the presumption are:

"(1) The needs of the child are exceptional and require more than average expenditures;

"(2) The gross income of the noncustodial parent is substantially less than that of the custodial parent;

"(3) A property settlement provides resources readily available for the support of the child in an amount at least equivalent to the formula amount;

"(4) The noncustodial parent supports a dependent other than the child for whom the custodial parent receives credit in the formula calculation, and application of the guideline would result in extraordinary hardship;

"(5) The noncustodial parent needs a temporary period of reduced child support payment to permit the repayment of a debt or rearrangement of his or her financial obligations; a temporary reduction may be included in a child support order if:

"(A) The debt or obligation is for a necessary expenditure of reasonable cost in light of the noncustodial parent's family responsibilities;

"(B) The time of the reduction does not exceed 12 months; and

"(C) The child support order includes the amount that is to be paid at the end of the reduction period and the date that the higher payments are to commence;

"(6) The custodial parent provides medical insurance coverage for the child at an additional cost to the custodial parent's medical insurance coverage and the additional cost is significant in relation to the amount of child support prescribed by the guideline;

"(7) Children of more than 1 noncustodial parent live in the custodial parent's household, receive a child support payment from the noncustodial parent, and the resulting gross income for the custodial parent and the children in the household causes the standard of living of the children to be greater than that of the noncustodial parent; or

"(8) Any other exceptional circumstance that would yield a patently unfair result.

"(m) The formula established in subsection (q) of this section incorporates a variation of plus or minus 3% for each level. A variation within the plus or minus 3% limit need not be justified by written findings but specific findings are advisable. The factfinder shall consider at least the following factors in the application of a variation:

"(1) A child has regular and substantial income that can be used for child support without impairment of the child's current or future education;

"(2) The noncustodial parent has special needs that require additional subsistence cost;

"(3) The noncustodial parent pays for certain expensive necessities for the child, such as tuition or orthodontia;

"(4) The child has moderately more than average needs;

"(5) High child care costs are involved; or

"(6) There is no medical insurance coverage, medical insurance coverage does not cover dental or major medical items, or the medical insurance coverage has a high deductible, and the expenses are paid or are to be paid by the custodial parent.

"(n) In a case in which shared custody is ordered or agreed to and the child spends 40% or more of the child's time with each parent, the guideline shall not apply presumptively. In such shared custody situations, the judicial officer shall have the authority to order either parent to pay a portion of the following expenses for the child: extracurricular activities and lessons, visitation, transportation, private school tuition, school fees, day care, camp, unreimbursed or uninsured health care expenses, and other such expenses. The payments may be in addition to any award of child support. For the purposes of this subsection, "shared custody" means actual visitation that exceeds 40% of the year. The guideline shall be considered advisory, and if, in the discretion of the judicial officer, application of the guideline would result in an unjust or inappropriate order in a particular circumstance, the following procedure shall be considered:

"(1)(A) Calculate the amount that the father would pay the mother if the mother has sole custody, and multiply the amount by 1.5.

"(B) Calculate the amount that the mother would pay the father if the father has sole custody, and multiply the amount by 1.5.

"(2)(A) Multiply the father's obligation by the percentage of the time the mother has the child.

"(B) Multiply the mother's obligation by the percentage of the time the father has the child.

"(3) The difference between the amounts of paragraphs (2)(A) and (2)(B) of this subsection shall be the net transfer.

"(4) Apply any necessary credit or debit. For example, if 1 parent pays all the day-care expense, he or she shall be entitled to a credit for the day-care expense attributable to the days the child is with the other parent.

"(o) A child support order issued under this section or section 5 of the District of Columbia Child Support Enforcement Amendment Act of 1985, effective February 24, 1987 (D.C. Law 6-166; § 46-204), shall be subject to modification by application of the guideline subject to the following conditions or limitations:

"(1) A party to a child support proceeding shall exchange relevant information on finances or dependents every 3 years and shall be encouraged to update a child support order voluntarily using the updated information and the guideline. Relevant information is any information that is used to compute child support pursuant to the guideline.

"(2) Every 3 years, in cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), the IV-D agency shall notify both the noncustodial and the custodial parent of the right to a review, and, if appropriate, a modification of their support order under the guideline. In cases where the IV-D agency conducts a review, the IV-D agency shall inform the noncustodial and custodial parent if a modification is warranted under the guideline. Upon the request of either parent or, if the obligee receives public assistance, upon the request of either parent or the IV-D agency, the Superior Court shall modify a support order without requiring any showing of a change in circumstances, notwithstanding any other provision of law, if the order differs by 15% or more from the central guideline figure calculated by applying the guideline to the parties' current circumstances. Nothing in this paragraph shall be construed to limit the ability of a party to seek a modification of a support order upon a showing of a material and substantial change in the needs of the child or the ability of the obligor to pay.

"(2A) If a support order does not provide for the payment of medical expenses for each child included in the support order, at the request of a party or the IV-D agency, the court shall modify the support order to provide for the payment of such expenses in accordance with section 16-916.

"(3) There shall be a presumption that there has been a substantial or material change of circumstances that warrants a modification of a child support order if application of the guideline to the current circumstances of the parties results in an amount of child support that varies from the amount of the existing child support order by 15% or more. A child support order shall not be modified based solely on the enactment of the guideline. The presumption may be rebutted by:

"(A) Proof of special circumstances such as a circumstance that would take a case outside the guideline; or

"(B) Proof of substantial reliance on the original child support order issued prior to adoption of the guideline, and that application of the guideline, would yield a patently unjust result.

"(3A) In cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2371; 42 U.S.C. § 651 et seq.), upon receipt of notice and documentation establishing that a parent is incarcerated in a specific facility (except where the parent is incarcerated for contempt for failure to pay child support pursuant to section 46-225.02), the IV-D agency shall review the circumstances of both parents and determine if a modification of the support order is appropriate under the guideline. If the IV-D agency determines that a parent's incarceration has resulted in a change in financial circumstances warranting a modification of the support order, the IV-D agency may request the court to suspend or modify the support order pursuant to this subsection. Upon receipt of such a request, the court shall modify the support order in accordance with the guideline. The court may modify the support order from the date on which the IV-D agency received notice under this paragraph of the parent's incarceration.

"(4) The central figure stated in the guideline shall be used to compute the amount of child support that the guideline would yield for modification and to apply the test for the presumption.

"(5) If a child support order is issued after September 27, 1987, and the child support order is outside the guideline, by order of the court or by merged agreement of the parties, the presumption shall not apply within 1 year of the issuance of the child support order.

"(6) If a petition to modify a child support order pursuant to this section is accompanied by an affidavit that sets forth sufficient facts and guideline calculations, and is accompanied by proof of service upon the respondent, the Family Court of the Superior Court may enter an order to modify the child support order in accordance with the guideline unless a party requests a hearing within 30 days of service of the petition for modification. No order shall be modified without a hearing if a hearing is timely requested.

"(7) Notwithstanding paragraphs (3) through (6) of this subsection, a party may submit a praecipe with a certification of waiver and supporting documentation, as prescribed by the court, to modify the child support amount by agreement of the parties at any time. This agreement shall be treated and reviewed by the court for issuance of a revised decree in the same manner as an original agreement of the parties is reviewed.

"(8) The judicial officer shall state the reasons for a departure from the guideline in writing. A transcript filed in the jacket shall suffice as a writing.

"(9) Notwithstanding paragraph (3)(B) of this subsection, if a new child is born to the custodial and noncustodial parent, the guideline shall be applied to the entire family and 1 order shall be issued for all the children in the family. If possible, the 2 cases shall be consolidated if the child support of the last child is petitioned as a separate case.

"(10) Nothing in this subsection shall preclude a party from moving to modify a child support order at any other time.

"(p)(1) If a custodial parent has custody of children of more than 1 noncustodial parent, the judicial officer shall determine the standard of living of the custodial and noncustodial households. Standard of living is measured by dividing the gross income available to the household from all sources by the poverty level income (Chart 5) for the number of adults contributing income to the household, plus the number of children. If the standard of living for the custodial household is larger than the standard of living of the noncustodial household, the departure principle pursuant to subsection (l)(7) of this section may apply.

"(2) If the noncustodial parent has other children living with him or her, the guideline shall be determined as follows:

"(A) The guideline amount shall be determined for all of the children who live with the noncustodial parent and with the custodial parent for whom the noncustodial parent is responsible, except any child who is already the subject of a child support order.

"(B) A per capita share of the guideline amount for a child who lives in the noncustodial parent's household shall be subtracted from the noncustodial parent's gross income. The remaining income shall be used as the noncustodial parent's gross income to calculate child support for a child before the court.

"(3) If the judicial officer determines that the presumption has been overcome, the amount of child support ordered shall not reduce the standard of living of the child to less than that of the noncustodial parent. The precise amount of child support ordered is within the discretion of the judicial officer.

"(q) The guideline percentages are established as follows:

                                     CHART 1                                    

                          CHILD SUPPORT ORDER FORMULA                          

                            FOR THE SUPERIOR COURT                            

                                   ONE CHILD                                  

                                   AGES 0-6                                    

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            20% of Gross Income                    

          15,001  --  25,000            21% of Gross Income                    

          25,001  --  50,000            22% of Gross Income                    

          50,001  --  75,000            23% of Gross Income                    

                                   AGES 7-12                                  

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            20% of Gross Income + 10% of Basic    

                                          Order (22%)                          

          15,001  --  25,000            21% of Gross Income + 10% of Basic    

                                          Order (23.1%)                        

          25,001  --  50,000            22% of Gross Income + 10% of Basic    

                                          Order (24.2%)                        

          50,001  --  75,000            23% of Gross Income + 10% of Basic    

                                          Order (25.3%)                        

                                  AGES 13-21                                  

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            20% of Gross Income + 15% of Basic    

                                          Order (23%)                          

          15,001  --  25,000            21% of Gross Income + 15% of Basic    

                                          Order (24.15%)                      

          25,001  --  50,000            22% of Gross Income + 15% of Basic    

                                          Order (25.3%)                        

          50,001  --  75,000            23% of Gross Income + 15% of Basic    

                                          Order (26.45%)                      

                                    CHART 2                                    

                          CHILD SUPPORT ORDER FORMULA                          

                            FOR THE SUPERIOR COURT                            

                                 TWO CHILDREN                                  

                            AGES 0-6 (oldest child)                            

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            26% of Gross Income                    

          15,001  --  25,000            27% of Gross Income                    

          25,001  --  50,000            28% of Gross Income                    

          50,001  --  75,000            29% of Gross Income                    

                           AGES 7-12 (oldest child)                            

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            26% of Gross Income + 10% of Basic    

                                          Order (28.6%)                        

          15,001  --  25,000            27% of Gross Income + 10% of Basic    

                                          Order (29.7%)                        

          25,001  --  50,000            28% of Gross Income + 10% of Basic    

                                          Order (30.8%)                        

          50,001  --  75,000            29% of Gross Income + 10% of Basic    

                                          Order (31.9%)                        

                           AGES 13-21 (oldest child)                          

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            26% of Gross Income + 15% of Basic    

                                          Order (29.9%)                        

          15,001  --  25,000            27% of Gross Income + 15% of Basic    

                                          Order (31.05%)                      

          25,001  --  50,000            28% of Gross Income + 15% of Basic    

                                          Order (32.2%)                        

          50,001  --  75,000            29% of Gross Income + 15% of Basic    

                                          Order (33.35%)                      

                                    CHART 3                                    

                          CHILD SUPPORT ORDER FORMULA                          

                            FOR THE SUPERIOR COURT                            

                                THREE CHILDREN                                

                            AGES 0-6 (oldest child)                            

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            30% of Gross Income                    

          15,001  --  25,000            31% of Gross Income                    

          25,001  --  50,000            32% of Gross Income                    

          50,001  --  75,000            33% of Gross Income                    

                           AGES 7-12 (oldest child)                            

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            30% of Gross Income + 10% of Basic    

                                          Order (33.0%)                        

          15,001  --  25,000            31% of Gross Income + 10% of Basic    

                                          Order (34.1%)                        

          25,001  --  50,000            32% of Gross Income + 10% of Basic    

                                          Order (35.2%)                        

          50,001  --  75,000            33% of Gross Income + 10% of Basic    

                                          Order (36.3%)                        

                           AGES 13-21 (oldest child)                          

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            30% of Gross Income + 15% of Basic    

                                          Order (34.5%)                        

          15,001  --  25,000            31% of Gross Income + 15% of Basic    

                                          Order (35.65%)                      

          25,001  --  50,000            32% of Gross Income + 15% of Basic    

                                          Order (36.8%)                        

          50,001  --  75,000            33% of Gross Income + 15% of Basic    

                                          Order (37.95%)                      

                                    CHART 4                                    

                          CHILD SUPPORT ORDER FORMULA                          

                            FOR THE SUPERIOR COURT                            

                             FOUR OR MORE CHILDREN                            

                            AGES 0-6 (oldest child)                            

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            32% of Gross Income                    

          15,001  --  25,000            33% of Gross Income                    

          25,001  --  50,000            34% of Gross Income                    

          50,001  --  75,000            35% of Gross Income                    

                           AGES 7-12 (oldest child)                            

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            32% of Gross Income + 10% of Basic    

                                          Order (35.2%)                        

          15,001  --  25,000            33% of Gross Income + 10% of Basic    

                                          Order (36.3%)                        

          25,001  --  50,000            34% of Gross Income + 10% of Basic    

                                          Order (37.4%)                        

          50,001  --  75,000            35% of Gross Income + 10% of Basic    

                                          Order (38.5%)                        

                           AGES 13-21 (oldest child)                          

             ANNUAL GROSS                            CHILD SUPPORT            

              INCOME OF                                  ORDER                

             NONCUSTODIAL                                                      

                PARENT                                                        

               0  --  $7,500            Discretion--Minimum $50/month          

          $7,501  --  15,000            32% of Gross Income + 15% of Basic    

                                          Order (36.8%)                        

          15,001  --  25,000            33% of Gross Income + 15% of Basic    

                                          Order (37.95%)                      

          25,001  --  50,000            34% of Gross Income + 15% of Basic    

                                          Order (39.1%)                        

          50,001  --  75,000            35% of Gross Income + 15% of Basic    

                                          Order (40.25%)                      

                                  CHART 5                                  

                      1989 POVERTY LEVELS (ANNUALIZED)                      

                        FOR THE DISTRICT OF COLUMBIA                        

          NUMBER OF PERSONS                        POVERTY LEVEL            

                                                   GROSS INCOME            

                  1                                   $ 6,314              

                  2                                     8,075              

                  3                                     9,890              

                  4                                    12,675              

                  5                                    14,994              

                  6                                    16,927              

                  7                                    19,127              

                  8                                    21,256              

              9 or more                                25,296              

                       STANDARD INCOME DISREGARD FOR                        

                     PETITIONER'S ADJUSTED GROSS INCOME                    

         NUMBER OF CHILDREN                           AMOUNT                

                  1                                   $16,500              

                  2                                    18,500              

                  3                                    20,500              

                  4                                    22,500              

"For each additional child, add $2,000.

"(r) A child support order shall not be deemed invalid on the sole basis that the child support order was issued pursuant to the Superior Court of the District of Columbia Child Support Guideline and prior to the effective date of the Child Support Guideline Amendment Emergency Act of 1989, effective December 21, 1989 (D.C. Act 8-127, 37 DCR 3).

"(s) Upon the occurrence of a substantial or material change in circumstances sufficient to warrant the modification of a support obligation pursuant to the child support guideline, the Court may modify any provision of an agreement or settlement relating to child support, without regard to whether the agreement or settlement is entered as a consent order or is incorporated or merged in a court order.

"(t) If an order or agreement providing for child support does not set forth a date on which the support commences, the support shall be deemed to commence on the date the order was entered or the date the agreement was executed."

D.C. Law 17-128, in subsec. (i)(5), substituted "the cost to the obligated parent of providing coverage for the children subject to the support order pursuant to § 16-916.01(i)(3) does not exceed 5 % of the parent's gross income" for "it is employer-related or other group health insurance coverage, regardless of the service delivery mechanism"; in subsec. (j)(1), substituted "include copayments, deductibles, and contributions associated with public and private health insurance coverage," for "include copayments and deductibles,"; and rewrote subsec. (r)(2), which had read as follows:

"(2) Every 3 years, in cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. 651 et seq.), the IV-D agency shall notify both parents of the right to a review, and, if appropriate, a modification of the support order under the guideline. In cases where the IV-D agency conducts a review, the IV-D agency shall inform both parents if a modification is warranted under the guideline."

D.C. Law 18-88 rewrote subsec. (g)(1), which had read as follows:

"(g)(1) A parent with a legal duty to pay support may maintain a self-support reserve as provided in this subsection. The self-support reserve shall be calculated at 133% of the United States Department of Health and Human Services poverty guideline per year for a single individual. As of the effective date of the Child Support Guideline Revision Act of 2006, the self-support reserve shall be $12,382. The self-support reserve shall be updated every 2 years and any revision shall be published in the District of Columbia Register."

Temporary Amendments of Section

For temporary (225 day) addition of § 16-916.1 [1981 Ed.], see § 2(b) of the Child Support Guideline Amendment Temporary Act of 1989 (D.C. Law 8-90, March 15, 1990, law notification 37 DCR 2073).

For temporary (225 day) amendment of section, see § 3 of the Child Support Enforcement Temporary Amendment Act of 1994 (D.C. Law 10-210, March 14, 1995, law notification 42 DCR 1526).

For temporary (225 day) amendment of section, see § 5(j) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 5(j) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 12 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

For temporary (225 day) amendment of section, see § 105(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 105(j) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 202(c) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 202(c) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

For temporary (225 day) amendment of section, see § 2(h) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16- 42, December 10, 2005, law notification 52 DCR 11038).

Emergency Act Amendments

For temporary addition of § 16-916.1 [1981 Ed.] and 16-916.2 [1981 Ed.], see § 2 and 3 of the Child Support Guideline Amendment Emergency Act of 1989 (D.C. Act 8-127, December 21, 1989, 37 DCR 3).

For temporary amendment of section, see § 3 of the Child Support Enforcement Emergency Amendment Act of 1994 (D.C. Act 10-322, August 4, 1994, 41 DCR 5373), § 3 of the Child Support Enforcement Congressional Adjournment Emergency Amendment Act of 1994 (D.C. Act 10-328, October 21, 1994, 41 DCR 7158), and § 3 of the Child Support Enforcement Congressional Adjournment Emergency Amendment Act of 1995 (D.C. Act 11-4, January 19, 1995, 42 DCR 543).

For temporary amendment of section, see § 5(j) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(j) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(j) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(j) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(e) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary amendment of section, see § 12 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 12 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 12 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 12 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 105(j) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(j) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 105(j) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 105(j) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 105(j) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 106(h) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 202(c) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 202(c) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 202(c) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 202(c) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

For temporary (90 day) amendment of section, see § 2(h) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 2(h) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

For temporary (90 day) amendment of section, see § 2 of Self-Support Reserve Revision Emergency Act of 2009 (D.C. Act 18-131, July 6, 2009, 56 DCR 5690).

For temporary (90 day) amendment of section, see § 403 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 403 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

Law 8-150, the "Child Support Guideline Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-461, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 1, 1990, and May 15, 1990, respectively. Signed by the Mayor on May 30, 1990, it was assigned Act No. 8-208 and transmitted to both Houses of Congress for its review.

Law 8-165, the "District of Columbia Statutory Savings Provision Act of 1990," was introduced in Council and assigned Bill No. 8-552, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 12, 1990, and June 26, 1990, respectively. Signed by the Mayor on July 12, 1990, it was assigned Act No. 8-230 and transmitted to both Houses of Congress for its review.

Law 10-217, the "Child Support Enforcement Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-740. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 15, 1994, it was assigned Act No. 10-354, and transmitted to both Houses of Congress for its review. D.C. Law 10- 217 became effective on March 16, 1995.

For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-909.01.

Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.

For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 16-901.

For D.C. Law 13-269, see notes following § 16-901.

For Law 14-207, see notes following § 16-904.

For Law 15-130, see notes following § 16-901.

Law 15-357, the "Omnibus Public Safety Ex-offender Self-sufficiency Reform Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-785, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on November 9, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-744 and transmitted to both Houses of Congress for its review. D.C. Law 15- 357 became effective on May 24, 2005.

For D.C. Law 16-100, see notes following § 16-571.01.

Law 16-138, the "Child Support Guideline Revision Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-205 which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 7, 2006, and April 4, 2006, respectively. Signed by the Mayor on April 26, 2006, it was assigned Act No. 16-367 and transmitted to both Houses of Congress for its review. D.C. Law 16-138 became effective on June 22, 2006.

For Law 17-128, see notes following § 16-901.

For Law 18-88, see notes following § 16-801.

Effective Dates

Applicability: Section 4 of D.C. Law 16-138 provides: "This act shall apply as of April 1, 2007."

Delegation of Authority

Delegation of Authority under D.C. Official Code § 16-916.01(g), to Update the Self-Support Reserve Component of the Child Support Guideline, see Mayor's Order 2011-53, March 18, 2011 (58 DCR 2522).

Miscellaneous Notes

Section 28(b)(2) of D.C. Law 15-354 provides that the section designation of § 16-916.1 of the District of Columbia Official Code is redesignated as § 16-916.01.

Prior Codifications

1981 Ed., § 16-916.2.

Effect of Amendments

D.C. Law 14-190 rewrote the section which had read as follows:

"(a) There is established a Child Support Guideline Commission ('Commission'). The Commission shall study and make recommendations on the child support guideline to the Council of the District of Columbia ('Council')."

"(b) The Commission shall consist of a chairperson and 14 members who are District of Columbia residents. The Chief Judge of the Superior Court of the District of Columbia may appoint 5 members. The Mayor of the District of Columbia ("Mayor") shall appoint 1 member to represent the Corporation Counsel and 1 member to represent the Child Support Division of the Department of Human Services. The Mayor, with the advice and consent of the Council, shall appoint 3 members who shall be members of the District of Columbia Bar ("Bar") and recognized experts in the field of family law. The Chairman of the Committee on the Judiciary of the Council shall be the chairperson of the Commission and appoint 2 other members. The Chairman of the Committee on Human Services of the Council shall appoint 2 members."

"(c)(1) Each member shall be appointed for a 2-year term. A vacancy shall be filled in the same manner as the original appointment."

"(2) A majority of the members shall constitute a quorum. A quorum shall be necessary for the Commission to conduct business."

"(d) The functions of the Commission shall include:"

"(1) To annually review and update the data on poverty levels used in multiple family determinations."

"(2) To review pertinent economic data and data on the functioning of the guideline that the Commission gathers or that is brought to the attention of the Commission. The Commission shall meet not less than once annually for this purpose and shall review formally the guideline and vote on any proposed change not less than once every 4 years."

"(3) To hold a public meeting at least annually. Thirty days public notice shall be given for a public meeting. The Commission shall meet to receive oral or written comments from members of the Bar or the public."

"(4) To perform other tasks that are assigned by the Council to develop, update, or monitor the guideline."

"(e) Members of the Commission shall serve without compensation but shall be reimbursed for any reasonable expense associated with service on the Commission."

"(f) The Mayor shall provide sufficient space for the Commission to operate and may detail personnel to assist the Commission. The Mayor shall also direct any agency contacted by the Commission to give full cooperation to the Commission."

Temporary Addition of Sections

For temporary (225 day) addition of § 16-916.2 [1981 Ed.], see § 2(b) of the Child Support Guideline Amendment Temporary Act of 1989 (D.C. Law 8-90, March 15, 1990, law notification 37 DCR 2073).

Emergency Act Amendments

See note to § 16-916.01.

For temporary (90 day) amendment of section, see § 2802 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Legislative History of Laws

For legislative history of D.C. Law 8-150, see Historical and Statutory Notes following § 16-916.01.

Law 14-190, the "Fiscal Year 2003 Budget Support Act of 2002", was introduced in Council and assigned Bill No. 14-609, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 7, 2002, and June 4, 2002, respectively. Signed by the Mayor on July 3, 2002, it was assigned Act No. 14-403 and transmitted to both Houses of Congress for its review. D.C. Law 14-190 became effective on October 1, 2002.

Miscellaneous Notes

Short title of title XXIX of Law 14-190: Section 2901 of D.C. Law 14-190 provided that title XXIX of the act may be cited as the Child Support Guideline Commission Restructuring Act of 2002.

Section 28(b)(2) of D.C. Law 15-354 provides that the section designation of § 16-916.2 of the District of Columbia Official Code is redesignated as § 16-916.02.

Prior Codifications

1981 Ed., § 16-916.3.

Legislative History of Laws

Law 11-112, the "Joint Custody of Children Act of 1996," was introduced in Council and assigned Bill No. 11-026, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 31, 1996, it was assigned Act No. 11-202 and transmitted to both Houses of Congress for its review. D.C. Law 11-112 became effective on April 18, 1996.

Miscellaneous Notes

Section 28(b)(2) of D.C. Law 15-354 provides that the section designation of § 16-916.3 of the District of Columbia Official Code is redesignated as § 16-916.03.

Prior Codifications

1981 Ed., § 16-917.

1973 Ed., § 16-917.

Legislative History of Laws

For Law 14-207, see notes following § 16-904.

Prior Codifications

1981 Ed., § 16-918.

1973 Ed., § 16-918.

Legislative History of Laws

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

Prior Codifications

1981 Ed., § 16-919.

1973 Ed., § 16-919.

Prior Codifications

1981 Ed., § 16-920.

1973 Ed., § 16-920.

Effect of Amendments

D.C. Law 14-207 rewrote the section which had read as follows:

"A decree, annulling or dissolving a marriage, or granting an absolute divorce, shall not become effective until the time for noting an appeal shall have expired, and, if notice of appeal has been entered, such decree shall not become effective until the date of the final disposition of the appeal."

Legislative History of Laws

For Law 14-207, see notes following § 16-904.

Prior Codifications

1981 Ed., § 16-921.

1973 Ed., § 16-921.

Prior Codifications

1981 Ed., § 16-922.

1973 Ed., § 16-922.

Prior Codifications

1981 Ed., § 16-923.

1973 Ed., § 16-923.

Legislative History of Laws

For legislative history of D.C. Law 1-107, see Historical and Statutory Notes following § 16-902.

Prior Codifications

1981 Ed., § 16-924.

Effect of Amendments

Pub. L. 107-114 substituted "magistrate judge" for "hearing commissioner" wherever it appears in the section; in subsecs. (a) and (f), substituted "Family Court" for "Family Division"; and, in subsec. (f), substituted "magistrate judge's" for "hearing commissioner's".

D.C. Law 14-207, in the section heading, added "for child support" after "Expedited judicial hearing".

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 16-573.

For legislative history of D.C. Law 10-223, see Historical and Statutory Notes following § 16-909.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-916.01.

For Law 14-207, see notes following § 16-904.

Miscellaneous Notes

Mayor authorized to issue rules: See note to § 16-909.02.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 5(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) addition of section, see § 5(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 105(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of § 16-925, see § 5(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(k) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(k) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(k) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(k) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary addition of § 16-925, see § 105(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of § 16-925 [1981 Ed.], see § 105(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of § 16-925 [1981 Ed.], see § 105(k) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of § 16-925 [1981 Ed.], see § 105(k) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of section, see § 105(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 106(i) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-207, see notes following § 16-901.

For D.C. Law 13-269, see notes following § 16-901.