(a) Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
(b) Repealed.
(c) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.
(Feb. 9, 1996, D.C. Law 11-81, § 301, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(c)(1), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.1.
Effect of Amendments
D.C. Law 16-137 repealed subsec. (b); and in subsec. (c), substituted "initiate" for "commence". Prior to repeal, subsec. (b) read as follows:
"(b) This chapter provides for the following proceedings:
"(1) Establishment of an order for spousal support or child support pursuant to subchapter IV of this chapter;
"(2) Enforcement of a support order and income-withholding order of another state without registration pursuant to subchapter V of this chapter;
"(3) Registration of an order for spousal support or child support of another state for enforcement pursuant to subchapter VI of this chapter;
"(4) Modification of an order for child support or spousal support issued by a tribunal of the District pursuant to part B of subchapter II of this chapter;
"(5) Registration of an order for child support of another state for modification pursuant to subchapter VI of this chapter;
"(6) Determination of parentage pursuant to subchapter VII of this chapter; and
"(7) Assertion of jurisdiction over nonresidents pursuant to part A of subchapter II of 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 § 301 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 minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of, or for the benefit of, the minor's child.
(Feb. 9, 1996, D.C. Law 11-81, § 302, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(c)(2), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.2.
Effect of Amendments
D.C. Law 16-137, in section heading, substituted "Proceeding" for "Action".
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 § 302 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Except as otherwise provided by this chapter, a responding tribunal of the District shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in the District and may exercise all powers and provide all remedies available in those proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of the District.
(Feb. 9, 1996, D.C. Law 11-81, § 303, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(c)(3), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.3.
Effect of Amendments
D.C. Law 16-137, in par. (1), deleted ", including the rules on choice of law," following "substantive law".
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 § 303 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
This section is based upon § 303 of the Uniform Interstate Family Support Act (1996 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of the District shall forward the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of the District shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign country or political subdivision, upon request, the tribunal shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding state.
(Feb. 9, 1996, D.C. Law 11-81, § 304, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(d), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(c)(4), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.4.
Effect of Amendments
D.C. Law 16-137, in subsec. (a), deleted "3 copies of" preceding "the petition"; and rewrote subsec. (b), which had read as follows:
"(b) If a responding state has not enacted the provisions of this chapter, or a law or procedure substantially similar to this chapter, a tribunal of the District may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(d) 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(d) 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(d) 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 § 304 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) When a responding tribunal of the District receives a petition or comparable pleading from an initiating tribunal or directly pursuant to § 46-303.01(c), it shall cause the petition or pleading to be filed and notify the petitioner as to where and when it was filed.
(b) A responding tribunal of the District, to the extent otherwise not prohibited by other law, may do one or more of the following:
(1) Issue or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage;
(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages and specify a method of payment;
(5) Enforce orders by civil or criminal contempt, or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) Issue a bench warrant for an obligor who has failed, after proper notice, to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney's fees and other fees and costs; and
(12) Grant any other available remedy.
(c) A responding tribunal of the District shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of the District may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of the District issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of the District shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
(Feb. 9, 1996, D.C. Law 11-81, § 305, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(e), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(c)(5), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.5.
Effect of Amendments
D.C. Law 16-137, in the lead-in language of subsec. (b), substituted "not prohibited by other law" for "otherwise authorized by law"; added subsec. (f); and rewrote par. (b)(1), which had read as follows:
"(1) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;"
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(e) 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(e) 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(e) 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 § 305 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
If a petition or comparable pleading is received by an inappropriate tribunal of the District, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in the District or another state and notify the petitioner as to where and when the pleading was sent.
(Feb. 9, 1996, D.C. Law 11-81, § 306, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(f), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(c)(6), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.6.
Effect of Amendments
D.C. Law 16-137 substituted "the tribunal" for "it".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(f) 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(f) 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(f) 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 § 306 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 support enforcement agency of the District, upon request, shall provide services to a petitioner in a proceeding under this chapter.
(b) A support enforcement agency of the District that is providing services to the petitioner shall:
(1) Take all steps necessary to enable an appropriate tribunal in the District or another state to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) Within 5 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) Within 5 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of the District that requests registration of a child-support order in the District for enforcement or for modification shall make reasonable efforts:
(1) To ensure that the order to be registered is the controlling order; or
(2) If 2 or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of the District that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of the District shall issue or request a tribunal of the District to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 46-303.19.
(f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
(Feb. 9, 1996, D.C. Law 11-81, § 307, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(g), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(c)(7), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.7.
Effect of Amendments
D.C. Law 16-137, in the lead-in language of subsec. (b), substituted "agency of the District" for "agency" and deleted "as appropriate"; in par. (b)(4), substituted "notice in a record" for "written notice"; in par. (b)(5), substituted "communication in a record" for "written communication"; redesignated subsec. (c) as subsec. (f); and added subsecs. (c), (d), and (e).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(g) 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(g) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151).
For temporary addition of § 30-343.7a [1981 Ed.], see § 2(h) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151).
Emergency act amendments: For temporary amendment of section, see § 2(g) 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 § 307 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(Feb. 9, 1996, D.C. Law 11-81, § 307a, as added July 24, 1998, D.C. Law 12-131, § 2(h), 45 DCR 2924; redesignated § 308, June 22, 2006, D.C. Law 16-137, § 2(c)(8), 53 DCR 3634.)
(a) If the Mayor determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Mayor may order the agency to perform its duties under this chapter or may provide those services directly to the individual.
(b) The Mayor may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with the District and take appropriate action for notification of the determination.
(Feb. 9, 1996, D.C. Law 11-81, § 307a, as added July 24, 1998, D.C. Law 12-131, § 2(h), 45 DCR 2924; redesignated § 308, June 22, 2006, D.C. Law 16-137, § 2(c)(8), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.7a.
2001 Ed., § 46-303.07a
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-303.07a. Mayor to order or provide services.
"If the Mayor determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Mayor may order the agency to perform its duties under this chapter or may provide those services directly to the individual."
Temporary Addition of Section
For temporary (225 day) amendment of section, see § 2(h) 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 addition of section, see § 2(h) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151), and § 2(h) 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 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."
Editor's Notes
Former § 46-303.08 has been recodified as § 46-303.09 by D.C. Law 16-137, § 2(c)(9).
Uniform Law
This section is based upon § 308 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
(Feb. 9, 1996, D.C. Law 11-81, § 308, 42 DCR 6748; redesignated § 309, June 22, 2006, D.C. Law 16-137, § 2(c)(9), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.8.
2001 Ed., § 46-303.08
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."
Editor's Notes
Former § 46-303.09 has been recodified as § 46-303.10 by D.C. Law 16-137, § 2(c)(10).
Uniform Law
This section is based upon § 309 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) The Mayor, or the Mayor's designee, is the state information agency under this chapter.
(b) The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in the District which have jurisdiction under this chapter and any support enforcement agencies in the District and transmit a copy to the state information agency of every other state;
(2) Maintain a register of the names and addresses of tribunals and support enforcement agencies received from other states;
(3) Forward to the appropriate tribunal in the place in the District in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and
(4) Obtain information concerning the location of the obligor and the obligor's property within the District not exempt from execution by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
(Feb. 9, 1996, D.C. Law 11-81, § 309, 42 DCR 6748; redesignated § 310, June 22, 2006, D.C. Law 16-137, § 2(c)(10), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.9.
2001 Ed., § 46-303.09
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-303.09. Duties of Mayor.
"(a) The Mayor, or the Mayor's designee, is the state information agency under this chapter.
"(b) The state information agency shall:
"(1) Compile and maintain a current list, including addresses, of the tribunals in the District which have jurisdiction under this chapter and any support enforcement agencies in the District and transmit a copy to the state information agency of every other state;
"(2) Maintain a register of tribunals and support enforcement agencies received from other states;
"(3) Forward to the appropriate tribunal in the place in the District in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and
"(4) Obtain information concerning the location of the obligor and the obligor's property within the District not exempt from execution by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security."
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."
Editor's Notes
Former § 46-303.10 has been recodified as § 46-303.11 by D.C. Law 16-137, § 2(c)(10).
Uniform Law
This section is based upon § 310 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) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage, or to register and modify a support order of another state must file a petition. Unless otherwise ordered under § 46-303.12, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
(Feb. 9, 1996, D.C. Law 11-81, § 310, 42 DCR 6748; redesignated § 311, June 22, 2006, D.C. Law 16-137, § 2(c)(11), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.10.
2001 Ed., § 46-303.10
Effect of Amendments
D.C. Law 16-137, rewrote subsec. (a), which had read as follows:
"(a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under § 46-303.11 (nondisclosure of information in exceptional circumstances), the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent."
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 30-341.1.
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."
Editor's Notes
Former § 46-303.11 has been recodified as § 46-303.12 by D.C. Law 16-137, § 2(c)(12).
Uniform Law
This section is based upon § 311 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
(Feb. 9, 1996, D.C. Law 11-81, § 311, 42 DCR 6748; redesignated § 312, June 22, 2006, D.C. Law 16-137, § 2(c)(12), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.11.
2001 Ed., § 46-303.11
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-303.11. Nondisclosure of information in exceptional circumstances.
"Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under 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."
Editor's Notes
Former § 46-303.12 has been recodified as § 46-303.13 by D.C. Law 16-137, § 2(c)(13).
Uniform Law
This section is based upon § 312 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) The petitioner may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under subchapter VI of this chapter, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
(Feb. 9, 1996, D.C. Law 11-81, § 312, 42 DCR 6748; redesignated § 313, June 22, 2006, D.C. Law 16-137, § 2(c)(13), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.12.
2001 Ed., § 46-303.12
Effect of Amendments
D.C. Law 16-137, in subsec. (c), deleted "(enforcement and modification of support order after registration)" following "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."
Editor's Notes
Former § 46-303.13 has been recodified as § 46-303.14 by D.C. Law 16-137, § 2(c)(14).
Uniform Law
This section is based upon § 313 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) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in the District to participate in a proceeding under this chapter.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in the District to participate in the proceeding.
(Feb. 9, 1996, D.C. Law 11-81, § 313, 42 DCR 6748; redesignated § 314, June 22, 2006, D.C. Law 16-137, § 2(c)(14), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.13.
2001 Ed., § 46-303.13
Effect of Amendments
D.C. Law 16-137, in subsec. (a), substituted "a proceeding under this chapter" for "a proceeding".
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."
Editor's Notes
Former § 46-303.14 has been recodified as § 46-303.15 by D.C. Law 16-137, § 2(c)(15).
Uniform Law
This section is based upon § 314 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 party whose parentage of a child has been previously determined by, or pursuant to, law may not plead nonparentage as a defense to a proceeding under this chapter.
(Feb. 9, 1996, D.C. Law 11-81, § 314, 42 DCR 6748; redesignated § 315, June 22, 2006, D.C. Law 16-137, § 2(c)(15), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.14.
2001 Ed., § 46-303.14
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."
Editor's Notes
Former § 46-303.15 has been recodified as § 46-303.16 by D.C. Law 16-137, § 2(c)(16).
Uniform Law
This section is based upon § 315 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) The physical presence of a nonresident party who is an individual in a tribunal of the District is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.
(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing in another state.
(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from another state to a tribunal of the District by telephone, telecopier, or other means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this chapter, a tribunal of the District shall permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of the District shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
(Feb. 9, 1996, D.C. Law 11-81, § 315, 42 DCR 6748; redesignated § 316, June 22, 2006, D.C. Law 16-137, § 2(c)(16), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.15.
2001 Ed., § 46-303.15
Effect of Amendments
D.C. Law 16-137, in subsec. (a), substituted "a nonresident party who is an individual in a tribunal" for "the petitioner in a responding tribunal"; in subsec. (e), substituted "record" for "writing"; in subsec. (f), substituted "shall" for "may"; added subsec. (j); and rewrote subsec. (b), which had read as follows:
"(b) A verified petition, affidavit, or document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in 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."
Editor's Notes
Former § 46-303.16 has been recodified as § 46-303.17 by D.C. Law 16-137, § 2(c)(17).
Uniform Law
This section is based upon § 316 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 may communicate with a tribunal of another state or foreign country or political subdivision in a record, or by telephone or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state or foreign country or political subdivision. A tribunal of the District may furnish similar information by similar means to a tribunal of another state or foreign country or political subdivision.
(Feb. 9, 1996, D.C. Law 11-81, § 316, 42 DCR 6748; redesignated § 317, June 22, 2006, D.C. Law 16-137, § 2(c)(17), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.16.
2001 Ed., § 46-303.16
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-303.16. Communications between tribunals.
"A tribunal of the District may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal of the District may furnish similar information by similar means to a tribunal 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."
Editor's Notes
Former § 46-303.17 has been recodified as § 46-303.18 by D.C. Law 16-137, § 2(c)(18).
Uniform Law
This section is based upon § 317 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
This section is based upon § 317 of the Uniform Interstate Family Support Act (1996 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
A tribunal of the District may:
(1) Request a tribunal of another state to assist in obtaining discovery; and
(2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.
(Feb. 9, 1996, D.C. Law 11-81, § 317, 42 DCR 6748; redesignated § 318, June 22, 2006, D.C. Law 16-137, § 2(c)(18), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.17.
2001 Ed., § 46-303.17
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."
Editor's Notes
Former § 46-303.18 has been recodified as § 46-303.19 by D.C. Law 16-137, § 2(c)(19).
Uniform Law
This section is based upon § 318 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 support enforcement agency or tribunal of the District shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in the District, upon request from the support enforcement agency of the District or another state, a support enforcement agency of the District or a tribunal of the District shall:
(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of the District receiving redirected payments from another state pursuant to a law similar to subsection (b) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
(Feb. 9, 1996, D.C. Law 11-81, § 318, 42 DCR 6748; redesignated § 319, June 22, 2006, D.C. Law 16-137, § 2(c)(19), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-343.18.
2001 Ed., § 46-303.18
Effect of Amendments
D.C. Law 16-137, designated the existing text as subsec. (a); and added subsecs. (b) and (c).
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 § 319 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
