§ 46-356.11 — Modification of child-support order of another state.

District of Columbia § 46-356.11

• Jurisdiction: District of Columbia
• Title 46: Domestic Relations.
• Ch. 3A: Uniform Interstate Family Support.
• Subch. VI: Registration, Enforcement, and Modification of Support Order.
• Part A: Registration for Enforcement of Support Order.

Text

(a) If § 46-356.13 does not apply, 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, nor 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 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) 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 § 46-352.07 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.

(f) Notwithstanding subsections (a) through (e) of this section and § 46-352.01(b) , a tribunal of the District retains jurisdiction to modify an order issued by a tribunal of the District if:

(1) One party resides in another state; and

(2) The other party resides outside the United States.

Legislative History

Feb. 27, 2016, D.C. Law 21-73, § 611, 63 DCR 222