(a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of the District;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the notice;
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
(4) Of the amount of any alleged arrearages.
(c) If the registering party asserts that 2 or more orders are in effect, a notice must also:
(1) Identify the 2 or more orders and the order alleged by the registering person to be the controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which is the controlling order;
(3) State that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and
(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer or holder pursuant to Chapter 2 of this title.
(Feb. 9, 1996, D.C. Law 11-81, § 605, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(j), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(f)(5), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.5.
Effect of Amendments
D.C. Law 16-137, in subsec. (b), substituted "A notice" for "The notice"; redesignated subsec. (c) as subsec. (d); and added subsec. (c).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(j) 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(j) 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(j) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 29, 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 § 605 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 nonregistering party seeking to contest the validity or enforcement of a registered order in the District shall request a hearing within 20 days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 46-306.07.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties as to the date, time, and place of the hearing.
(Feb. 9, 1996, D.C. Law 11-81, § 606, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(k), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(f)(6), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.6.
Effect of Amendments
D.C. Law 16-137, in subsec. (a), deleted "(contest of registration or enforcement)" following "§ 46-306.07".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(k) 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(k) 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(k) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 29, 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 § 46-401.01.
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 § 606 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 party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving 1 or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended, or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of the District to the remedy sought;
(6) Full or partial payment has been made;
(7) The statute of limitation under § 46-306.04 precludes enforcement of some or all of the alleged arrearages; or
(8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of the District.
(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
(Feb. 9, 1996, D.C. Law 11-81, § 607, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(f)(7), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.7.
Effect of Amendments
D.C. Law 16-137, in par. (a)(6), substituted ";" for "; or"; in par. (a)(7), deleted "(choice of law)" following "§ 46-306.04", substituted "alleged arrearages" for "arrearages", and substituted "; or" for a period; and added par. (a)(8).
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 § 607 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
(Feb. 9, 1996, D.C. Law 11-81, § 608, 42 DCR 6748.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.8.
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 § 608 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
