§ 16-916 — Maintenance of spouse [or domestic partner] and minor children; maintenance of former spouse [or domestic partner]; maintenance of minor children; enforcement.

District of Columbia § 16-916

• Jurisdiction: District of Columbia
• Title 16: Particular Actions, Proceedings and Matters. [Enacted title]
• Ch. 9: Divorce, Annulment, Separation, Support, Etc.

Text

(a) Whenever a spouse or domestic partner shall fail or refuse to maintain his or her needy spouse, domestic partner, minor children, or both, although able to do so, or whenever any parent shall fail or refuse to maintain his or her children by a marriage since dissolved, although able to do so, the court, upon proper application and upon a showing of genuine need of a spouse or domestic partner, may decree, pendente lite and permanently, that such spouse or domestic partner shall pay reasonable sums periodically for the support of such needy spouse or domestic partner and of the children, or such children, as the case may be, and the court may decree that he or she pay suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case.

(b) Whenever a former spouse or domestic partner has obtained a foreign ex parte divorce or termination of the domestic partnership, in accordance with § 32-702(d) or § 16-904(e) , the court thereafter, on application of the other former spouse or domestic partner and with personal service of process upon such former spouse or domestic partner in the District of Columbia, may decree that he or she shall pay him or her reasonable sums periodically for his or her maintenance and for suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case.

(c) When a father or mother fails to maintain his or her minor child, the Court may decree that the father or mother pay reasonable sums periodically for the support and maintenance of the child, including health insurance coverage and cash medical support, and may decree that the father or mother pay Court costs, including counsel fees, to enable plaintiff to conduct the cases.

(c-1) A support order entered under this section shall contain terms providing for the payment of medical expenses for each child included in the support order, whether or not health insurance coverage is available to pay for those expenses. The court may order either or both parents to provide health insurance coverage, cash medical support, or both, consistent with § 16-916.01 .

(c-2) In all cases where accessible health insurance coverage is available to either or both parents at reasonable cost, the court shall order either or both parents to provide the health insurance coverage, consistent with § 16-916.01 .

(c-3) In selecting among health insurance coverage options, the court shall consider, at a minimum, the cost, comprehensiveness, and accessibility of all health insurance coverage options available to either parent.

(c-3A) In cases where accessible health insurance coverage is not available to either parent at reasonable cost, or where the medical expenses of a child are not fully covered by health insurance, the court shall order either or both parents to pay cash medical support consistent with § 16-916.01 .

(c-3B) For the purposes of this section, health insurance coverage shall be considered reasonable in cost if the cost to the obligated parent of providing coverage for the children subject to the support order pursuant to § 16-916.01(i)(3) does not exceed 5% of the parent’s gross income.

(c-3C) For the purposes of this section, health insurance coverage shall be considered accessible if, based on the work history of the parent providing the coverage, it will be available for at least one year, and if the child lives within the geographic area covered by the plan or within 30 minutes or 30 miles of primary care services.

(c-4) All support orders subject to enforcement by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), shall require the payment of support in equal monthly amounts on the first day of each month. If a support order does not require the payment of support in this manner and the support order is or becomes subject to enforcement by the IV-D agency, the IV-D agency may direct the payor, upon notice to both parents, to pay the support in equal monthly amounts on the first day of each month; provided, that the total of the monthly amounts required to be paid in one year cumulatively equals the total support required to be paid annually under the support order.

(d) The court may enforce any decree entered under this section in the same manner as is provided in section 16-911.

(1) In order to secure payment of overdue support as defined in section 466(e) of the Social Security Act approved August 16, 1984 (98 Stat. 1306; 42 U.S.C. 666(e)), after providing notice under subsection (b) of this section, the Court shall, where appropriate, require the parent to post security, bond, or give some other guarantee.

(2) The Court shall provide advance notice to the parent regarding the delinquency of the support payment and the requirement of posting security, bond, or guarantee. The notice shall inform the parent of the parent’s rights and the methods available for contesting the impending action.

(3) Where the Clerk of the Court determines that a parent is delinquent in child support payments in an amount equal to at least 60 days of child support payments, the Clerk of the Court shall notify the Mayor of the parent’s name, social security number, court docket number, and the amount of the support payment delinquency.

(f) Repealed.

Legislative History

Dec. 23, 1963, Pub. L. 88-241, § 1, 77 Stat. 562; Sept. 29, 1965, 79 Stat. 889, Pub. L. 89-217, § 3; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(e)(2)(A); Oct. 1, 1976, D.C. Law 1-87, § 19(a)-(c), 23 DCR 2544; Feb. 24, 1987, D.C. Law 6-166, § 33(a)(4), 33 DCR 6710; May 10, 1989, D.C. Law 7-231, § 24, 36 DCR 492; Mar. 16, 1995, D.C. Law 10-223, § 2(e), 41 DCR 8051; Feb. 13, 1996, D.C. Law 11-87, § 2, 42 DCR 6767; Apr. 3, 2001, D.C. Law 13-269, § 106(g), 48 DCR 1270; Mar. 30, 2004, D.C. Law 15-130, § 202(b), 51 DCR 1615; Apr. 4, 2006, D.C. Law 16-79, § 4(g), 53 DCR 1035; May 12, 2006, D.C. Law 16-100, § 2(g), 53 DCR 1886; June 22, 2006, D.C. Law 16-138, § 2(b), 53 DCR 3650; Mar. 20, 2008, D.C. Law 17-128, § 2(c), 55 DCR 1525; Sept. 12, 2008, D.C. Law 17-231, § 20(e), 55 DCR 6758; Apr. 9, 2016, D.C. Law 21-105, § 2(f), 63 DCR 217