A support order or income-withholding order issued by a tribunal of another state may be registered in the District for enforcement.
(Feb. 9, 1996, D.C. Law 11-81, § 601, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(f)(2), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.1.
Effect of Amendments
D.C. Law 16-137 deleted "an" preceding "income-withholding".
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 § 601 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 order or income-withholding order of another state may be registered in the District by sending the following records and information to the Superior Court of the District of Columbia:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) Two copies, including 1 certified copy, of the order to be registered, including any modification of the order;
(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) The name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) The name and address of the obligor's employer and any other source of income of the obligor; and
(C) A description and the location of property of the obligor in the District not exempt from execution; and
(5) Except as otherwise provided in § 46-303.12, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of the District may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) If 2 or more orders are in effect, the person requesting registration shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) Specify the order alleged to be the controlling order, if any; and
(3) Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
(Feb. 9, 1996, D.C. Law 11-81, § 602, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(f)(3), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.2.
Effect of Amendments
D.C. Law 16-137, in the lead-in language to subsec. (a), substituted "records" for "documents"; in par. (a)(2), substituted "the order" for "all orders', and substituted "the order" for "an order"; in par. (a)(3), substituted "person requesting" for "party seeking"; in par. (a)(5), substituted "Except as otherwise provided in § 46-303.12, the" for "The", and deleted "agency or" preceding "person"; and added subsecs. (d) and (e).
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 § 602 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 order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of the District.
(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of the District.
(c) Except as otherwise provided in this subchapter, a tribunal of the District shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
(Feb. 9, 1996, D.C. Law 11-81, § 603, 42 DCR 6748.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.3.
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 § 603 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) Except as otherwise provided in subsection (d) of this section, the law of the issuing state governs:
(1) The nature, extent, amount, and duration of current payments under a registered support order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) The existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of the District or of the issuing state, whichever is longer, applies.
(c) A responding tribunal of the District shall apply the procedures and remedies of the District to enforce current support and collect arrears and interest due on a support order of another state registered in the District.
(d) After a tribunal of the District or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of the District shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
(Feb. 9, 1996, D.C. Law 11-81, § 604, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(f)(4), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.4.
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"(a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.
"(b) In a proceeding for arrearages, the statute of limitation under the laws of the District or of the issuing state, whichever is longer, applies."
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 § 604 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
