(a) In a proceeding to establish or enforce a support order or to determine parentage, the Family Division may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator, if:
(1) The individual is personally served with notice within the District;
(2) The individual submits to the jurisdiction of the District by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in the District;
(4) The individual resided in the District and provided prenatal expenses or support for the child;
(5) The child resides in the District as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in the District and the child may have been conceived by that act of intercourse; or
(7) There is any other basis consistent with the laws of the District and the Constitution of the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of the District may not be used to acquire personal jurisdiction for a tribunal of the District to modify a child support order of another state unless the requirements of §§ 46-306.11 and 46-306.15 are met.
(Feb. 9, 1996, D.C. Law 11-81, § 201, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(b)(1)(B), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.1.
Effect of Amendments
D.C. Law 16-137, designated the existing text as subsec. (a); in the lead-in language to subsec. (a), substituted "establish or enforce" for "establish, enforce, or modify"; in par. (a)(2), substituted "consent in a record" for "consent"; and added subsec. (b).
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 201 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Personal jurisdiction acquired by a tribunal of the District in a proceeding under this chapter or other law of the District relating to a support order continues as long as a tribunal of the District has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 46-302.05, 46-302.06, and 46-302.11.
(Feb. 9, 1996, D.C. Law 11-81, § 202, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(b)(1)(C), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.2.
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-302.02. Procedure when exercising jurisdiction over nonresident.
"The Family Division, if it is exercising personal jurisdiction over a nonresident under § 46-302.01, may apply § 46-303.15 (special rules of evidence and procedure) to receive evidence from another state, and § 46-303.17 (assistance with discovery) to obtain discovery through a tribunal of another state. In all other respects, subchapters III through VII of this chapter do not apply and the tribunal shall apply the procedural and substantive law of the District, including the rules on choice of law other than those established by this chapter."
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 202 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Under this chapter, the Family Division may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.
(Feb. 9, 1996, D.C. Law 11-81, § 203, 42 DCR 6748.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.3.
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
Uniform Law
This section is based upon § 203 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A tribunal of the District may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state, but only if:
(1) The petition or comparable pleading in the District is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state; and
(3) If relevant, the District is the home state of the child.
(b) A tribunal of the District may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:
(1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in the District for filing a responsive pleading challenging the exercise of jurisdiction by the District;
(2) The contesting party timely challenges the exercise of jurisdiction in the District; and
(3) If relevant, the other state is the home state of the child.
(Feb. 9, 1996, D.C. Law 11-81, § 204, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(b)(2)(B), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.4.
Effect of Amendments
D.C. Law 16-137, in the section heading, deleted "in another state" following "proceedings".
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 204 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A tribunal of the District that has issued a child-support order consistent with the law of the District has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and:
(1) At the time of the filing of a request for modification, the District is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) Even if the District is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of the District may continue to exercise jurisdiction to modify its order.
(b) A tribunal of the District that has issued a child-support order consistent with the law of the District may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) All of the parties who are individuals file consent in a record with the tribunal of the District that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) Its order is not the controlling order.
(c) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child-support order of a tribunal of the District, tribunals of the District shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of the District that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(Feb. 9, 1996, D.C. Law 11-81, § 205, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(b), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(b)(2)(C), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.5.
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-302.05. Continuing, exclusive jurisdiction.
"(a) A tribunal of the District issuing a support order consistent with the law of the District has continuing, exclusive jurisdiction over a child support order:
"(1) As long as the District remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
"(2) Until all of the parties who are individuals have filed written consent with the tribunal of the District for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
"(b) A tribunal of the District issuing a child support order consistent with the law of the District may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this chapter.
"(c) If a child support order of the District is modified by a tribunal of another state pursuant to a law substantially similar to this chapter, a tribunal of the District loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in the District, and may only:
"(1) Enforce the order that was modified as to amounts accruing before the modification;
"(2) Enforce nonmodifiable aspects of that order; and
"(3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.
"(d) A tribunal of the District shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to this chapter.
"(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
"(f) A tribunal of the District issuing a support order consistent with the law of the District has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of the District may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2785).
Emergency Act Amendments
For temporary amendment of section, see § 2(b) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151).
For temporary amendment of section, see § 2(b) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 205 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A tribunal of the District that has issued a child-support order consistent with the law of the District may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to a law substantially similar to this chapter; or
(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of another state is the controlling order.
(b) A tribunal of the District having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
(Feb. 9, 1996, D.C. Law 11-81, § 206, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(b)(2)(D), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.6.
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-302.06. Enforcement and modification of support order by tribunal having continuing jurisdiction.
"(a) A tribunal of the District may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.
"(b) A tribunal of the District having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply § 46-303.15 (special rules of evidence and procedure) to receive evidence from another state and § 46-303.17 (assistance with discovery) to obtain discovery through a tribunal of another state.
"(c) A tribunal of the District which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state."
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 206 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be so recognized.
(b) If a proceeding is brought under this chapter, and 2 or more child-support orders have been issued by tribunals of the District or another state with regard to the same obligor and same child, a tribunal of the District having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter:
(A) An order issued by a tribunal in the current home state of the child controls; or
(B) If an order has not been issued in the current home state of the child, the order most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of the District shall issue a child-support order, which controls.
(c) If 2 or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or a support enforcement agency, a tribunal of the District having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to subchapter VI of this chapter, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this section has continuing jurisdiction to the extent provided in § 46-302.05 or § 46-302.06.
(f) A tribunal of the District that determines by order which is the controlling order under subsection (b)(1) or (2) or (c) of this section, or that issues a new controlling order under subsection (b)(3) of this section, shall state in that order:
(1) The basis upon which the tribunal made its determination;
(2) The amount of prospective support, if any; and
(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 46-302.09.
(g) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
(Feb. 9, 1996, D.C. Law 11-81, § 207, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(c), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(b)(3)(B), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.7.
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-302.07. Recognition of controlling child support order.
"(a) If a proceeding is brought under this chapter and only 1 tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.
"(b) If a proceeding is brought under this chapter, and 2 or more child support orders have been issued by tribunals of the District or another state with regard to the same obligor and child, a tribunal of the District shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:
"(1) If only 1 of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized.
"(2) If more than 1 of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized.
"(3) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of the District having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized.
"(c) If 2 or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in the District, a party may request a tribunal of the District to determine which order controls and must be so recognized under subsection (b) of this section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
"(d) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this section is the tribunal that has continuing, exclusive jurisdiction under § 46-302.05.
"(e) A tribunal of the District which determines by order the identity of the controlling order under subsection (b)(1) or (2) of this section or which issues a new controlling order under subsection (b)(3) of this section shall state in that order the basis upon which the tribunal made its determination.
"(f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(c) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2785).
Emergency Act Amendments
For temporary amendment of section, see § 2(c) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151).
For temporary amendment of section, see § 2(c) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 207 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
In responding to registrations or petitions for enforcement of 2 or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of the District shall enforce those orders in the same manner as if the orders had been issued by a tribunal of the District.
(Feb. 9, 1996, D.C. Law 11-81, § 208, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(b)(3)(C), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.8.
Effect of Amendments
D.C. Law 16-137, in the section heading, deleted "Multiple" preceding "child"; and deleted "multiple" preceding "registrations" and "orders".
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 208 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
A tribunal of the District shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of the District or another state.
(Feb. 9, 1996, D.C. Law 11-81, § 209, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(b)(3)(D), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-342.9.
D.C. Law 16-137 rewrote section, which had read as follows:
"Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of the District."
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 209 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
A tribunal of the District exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of the District relating to a support order, or recognizing a support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state pursuant to § 46-303.16, communicate with a tribunal of another state pursuant to § 46-303.17, and obtain discovery through a tribunal of another state pursuant to § 46-303.18. In all other respects, subchapters III through VII of this chapter do not apply and the tribunal shall apply the procedural and substantive law of the District.
(Feb. 9, 1996, D.C. Law 11-81, § 210, as added June 22, 2006, D.C. Law 16-137, § 2(b)(3)(E), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 210 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A tribunal of the District issuing a spousal-support order consistent with the law of the District has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.
(b) A tribunal of the District may not modify a spousal-support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
(c) A tribunal of the District that has continuing, exclusive jurisdiction over a spousal-support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in the District; or
(2) A responding tribunal to enforce or modify its own spousal-support order.
(Feb. 9, 1996, D.C. Law 11-81, § 211, as added June 22, 2006, D.C. Law 16-137, § 2(b)(3)(E), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 211 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
