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District of Columbia Official Code 2001 Edition. |
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Division VIII. General Laws. |
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Title 46. Domestic Relations. |
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Subtitle I. General. |
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Chapter 3. Interstate Family Support. |
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Subchapter VI. Registration, Enforcement, and Modification of Support Order. |
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Part C. Registration and Modification of Child Support Order.
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A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in the District in the same manner as provided in part A of this subchapter if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
(Feb. 9, 1996, D.C. Law 11-81, § 609, 42 DCR 6748.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.9.
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 § 609 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 enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of the District, but the registered order may be modified only if the requirements of § 46-306.11, § 46-306.13, or § 46-306.15 have been met.
(Feb. 9, 1996, D.C. Law 11-81, § 610, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(f)(8), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.10.
Effect of Amendments
D.C. Law 16-137 substituted "§ 46-306.11, § 46-306.13, or § 46-306.15" for "§ 46-306.11"; and deleted "(modification of child support order of another state)" following "§ 46-306.11".
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 § 610 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 § 46-306.13 does not apply, except as otherwise provided in § 46- 306.15, upon petition, a tribunal of the District may modify a child-support order issued in another state which is registered in the District if, after notice and hearing, the tribunal finds that:
(1) The following requirements are met:
(A) Neither the child, the obligee who is an individual, nor the obligor resides in the issuing state;
(B) A petitioner who is a nonresident of the District seeks modification; and
(C) The respondent is subject to the personal jurisdiction of the tribunal of the District; or
(2) The District is the state of residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of the District, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of the District to modify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of the District and the order may be enforced and satisfied in the same manner.
(c) Except as otherwise provided in § 46-306.15, a tribunal of the District may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If 2 or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under § 46-302.07 establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of the District.
(e) On the issuance of an order by a tribunal of the District modifying a child-support order issued in another state, the tribunal of the District becomes the tribunal having continuing, exclusive jurisdiction.
(Feb. 9, 1996, D.C. Law 11-81, § 611, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(l), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(f)(9), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.11.
Effect of Amendments
D.C. Law 16-137, rewrote section, which had read as follows:
"(a) After a child support order issued in another state has been registered in the District, the responding tribunal of the District may modify that order only if § 46-306.13 does not apply and after notice and hearing it finds that:
"(1) The following requirements are met:
"(A) The child, the individual obligee, and the obligor do not reside in the issuing state;
"(B) A petitioner who is a nonresident of this state seeks modification; and
"(C) The respondent is subject to the personal jurisdiction of the tribunal of the District; or
"(2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of the District and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of the District to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this chapter, the consent otherwise required of an individual residing in the District is not required for the tribunal to assume jurisdiction to modify the child support order.
"(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of the District and the order may be enforced and satisfied in the same manner.
"(c) A tribunal of the District may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If 2 or more tribunals have issued child support orders for the same obligor and child, the order that controls establishes the aspects of the support order which are nonmodifiable, and must be so recognized under § 46-302.07.
"(d) On issuance of an order modifying a child support order issued in another state, a tribunal of the District becomes the tribunal having continuing, exclusive jurisdiction."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(l) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR ).
Emergency Act Amendments
For temporary amendment of section, see § 2(l) 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(l) 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 § 611 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 child-support order issued by a tribunal of the District is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of the District:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
(Feb. 9, 1996, D.C. Law 11-81, § 612, 42 DCR 6748; June 22, 2006, D.C. Law 16-137, § 2(f)(10), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.12.
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"A tribunal of the District shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this chapter, and, upon request, except as otherwise provided in this chapter, shall:
"(1) Enforce the order that was modified only as to amounts accruing before the modification;
"(2) Enforce only nonmodifiable aspects of that order;
"(3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and
"(4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement."
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 § 612 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 all of the parties who are individuals reside in the District and the child does not reside in the issuing state, a tribunal of the District has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of the District exercising jurisdiction under this section shall apply the provisions of subchapters I and II of this chapter, and the procedural and substantive law of the District to the proceeding for enforcement or modification. Subchapters III, IV, V, VII, and VIII of this chapter do not apply.
(Feb. 9, 1996, D.C. Law 11-81, § 613, as added July 24, 1998, D.C. Law 12-131, § 2(m), 45 DCR 2924; Apr. 12, 2000, D.C. Law 13-91, § 145, 47 DCR 520.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.13.
Effect of Amendments
D.C. Law 13-91 deleted the phrase "of this chapter" following the enumeration of subchapters.
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(m) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR ).
Emergency Act Amendments
For temporary addition of section, see § 2(m) 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 section, see § 2(m) 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.
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.
Uniform Law
This section is based upon § 613 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. 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 modified order of the new tribunal having continuing, exclusive jurisdiction.
(Feb. 9, 1996, D.C. Law 11-81, § 614, as added July 24, 1998, D.C. Law 12-131, § 2(m), 45 DCR 2924.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-346.14.
Temporary Amendments of Sections
For temporary (225 day) amendment of section, see § 7(a) 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).
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(m) 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(m) 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 section, see § 2(m) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
For temporary amendment of section, see § 7(a) 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), § 7(a) 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), § 7(a) 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 § 7(a) 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 § 13 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 13 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 13 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 13 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-9, February 17, 1999, 46DCR 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).
Legislative History of Laws
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
Miscellaneous Notes
Application of Law 12-131: See Historical and Statutory Notes following § 46- 301.01.
Uniform Law
This section is based upon § 614 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
§ 46-306.15. Jurisdiction to modify child-support order of foreign country or political subdivision.
(a) If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of the District may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the individual pursuant to § 46-306.11 has been given or whether the individual seeking modification is a resident of the District or of the foreign country or political subdivision.
(b) An order issued pursuant to this section is the controlling order.
(Feb. 9, 1996, D.C. Law 11-81, § 615, as added June 22, 2006, D.C. Law 16-137, § 2(f)(11), 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 § 615 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
