28 U.S.C. § 1738B — Full faith and credit for child support orders
submitted 32 years ago by Pub. L. 103-383 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 1,258 words · no verdicts yet
This section requires States to enforce qualifying child-support orders from other States and limits when they may modify them. It defines the orders and parties, sets continuing jurisdiction and choice-of-law rules, and explains which order controls when multiple orders exist.
(a) General rule.—Each State’s appropriate authorities (1) must enforce, as written, a child-support order made consistently with this section by another State’s court, and (2) may seek or make a modification only as subsections (e), (f), and (i) permit.
(b) Definitions.—(1) “Child” means a person under 18, or a person 18 or older for whom a State law has issued a child-support order. (2) “Child’s State” means where the child lives. (3) “Child’s home State” means where the child lived with a parent or person acting as parent for at least six consecutive months immediately before a support petition or comparable pleading was filed; for a child under six months, it means where the child lived from birth with such a person. Temporary absence counts. (4) “Child support” means money payments, continuing support, arrears, or a benefit for the child, including health insurance, child-care, and education expenses. (5) “Child support order” means a court judgment, decree, or order requiring periodic or lump-sum support payments, including permanent, temporary, initial, and modified orders. (6) “Contestant” means a person, including a parent, who claims support, is a party to a proceeding that may produce an order, or is subject to one; it also includes a State or political subdivision assigned the right to support. (7) “Court” means a State court or administrative agency* authorized to set or modify support. (8) “Modification” means a later change to an order affecting its amount, scope, or duration. (9) “State” includes a United States State, the District* of Columbia, Puerto Rico, United States territories and possessions, and “Indian country” as defined in section 1151 of title 18.
(c) Requirements.—An order is consistent with this section only if the issuing court, under its State’s law and subsections (e), (f), and (g), has subject-matter jurisdiction and personal jurisdiction over the contestants, and the contestants received reasonable notice and an opportunity to be heard.
(d) Continuing jurisdiction.—A State court that issued a qualifying order has continuing, exclusive jurisdiction if the State is the child’s State or the residence of an individual contestant, or the parties agreed in a record or open court that the State’s tribunal may keep jurisdiction to modify. This ends if another State properly modifies the order under (e) and (f).
(e) Modification.—A State court may modify another State’s order if it has jurisdiction under (i), and either (A) the original State no longer has continuing, exclusive jurisdiction because it is no longer the child’s State or an individual contestant’s residence and the parties did not consent to continued jurisdiction, or (B) every individual contestant gave written consent to the continuing-jurisdiction State for another State’s court to modify and take continuing, exclusive jurisdiction.
(f) Which order is recognized.—(1) If only one court issued an order, that order controls. (2) If multiple courts issued orders for the same obligor and child, and only one has continuing, exclusive jurisdiction, that order controls. (3) If more than one has such jurisdiction, an order from the child’s current home State controls; if none was issued there, the newest order controls. (4) If none has such jurisdiction, a court with jurisdiction over the parties must issue the controlling order. (5) The court whose order controls has continuing, exclusive jurisdiction under (d).
(g) A State that lost continuing, exclusive jurisdiction may still enforce nonmodifiable obligations and unpaid obligations that accrued before another State modified the order under (e) and (f).
(h) Choice of law.—(1) The forum State’s law applies to proceedings to establish, modify, or enforce an order, except as paragraphs (2) and (3) provide. (2) To interpret an order, including the duration of current payments and other support duties, the court uses the law of the issuing State. (3) To enforce arrears, the court uses the longer limitation period of the forum State or issuing State.
(i) Registration for modification.—If no individual contestant or child lives in the issuing State, the party or support-enforcement agency seeking to modify, or modify and enforce, an order from another State must register it in a State with jurisdiction over the nonmoving party for modification.
The appropriate authorities of each State—
shall enforce according to its terms a child support order made consistently with this section by a court of another State; and
shall not seek or make a modification of such an order except in accordance with subsections (e), (f), and (i).
In this section:
The term “child” means—
a person under 18 years of age; and
a person 18 or more years of age with respect to whom a child support order has been issued pursuant to the laws of a State.
The term “child’s State” means the State in which a child resides.
The term “child’s home State” means the State in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the State in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month period.
The term “child support” means a payment of money, continuing support, or arrearages or the provision of a benefit (including payment of health insurance, child care, and educational expenses) for the support of a child.
The term “child support order”—
means a judgment, decree, or order of a court requiring the payment of child support in periodic amounts or in a lump sum; and
includes—
a permanent or temporary order; and
an initial order or a modification of an order.
The term “contestant” means—
a person (including a parent) who—
claims a right to receive child support;
is a party to a proceeding that may result in the issuance of a child support order; or
is under a child support order; and
a State or political subdivision of a State to which the right to obtain child support has been assigned.
The term “court” means a court or administrative agency* of a State that is authorized by State law to establish the amount of child support payable by a contestant or make a modification of a child support order.
The term “modification” means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to the child support order.
The term “State” means a State of the United States, the District* of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and Indian country (as defined in section 1151 of title 18).
A child support order made by a court of a State is made consistently with this section if—
a court that makes the order, pursuant to the laws of the State in which the court is located and subsections (e), (f), and (g)—
has subject matter jurisdiction to hear the matter and enter such an order; and
has personal jurisdiction over the contestants; and
reasonable notice and opportunity to be heard is given to the contestants.
A court of a State that has made a child support order consistently with this section has continuing, exclusive jurisdiction over the order if the State is the child’s State or the residence of any individual contestant or the parties have consented in a record or open court that the tribunal of the State may continue to exercise jurisdiction to modify its order, unless the court of another State, acting in accordance with subsections (e) and (f), has made a modification of the order.
A court of a State may modify a child support order issued by a court of another State if—
the court has jurisdiction to make such a child support order pursuant to subsection (i); and
the court of the other State no longer has continuing, exclusive jurisdiction of the child support order because that State no longer is the child’s State or the residence of any individual contestant and the parties have not consented in a record or open court that the tribunal of the other State may continue to exercise jurisdiction to modify its order; or
each individual contestant has filed written consent with the State of continuing, exclusive jurisdiction for a court of another State to modify the order and assume continuing, exclusive jurisdiction over the order.
If 1 or more child support orders have been issued with regard to an obligor and a child, a court shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction and enforcement:
If only 1 court has issued a child support order, the order of that court must be recognized.
If 2 or more courts have issued child support orders for the same obligor and child, and only 1 of the courts would have continuing, exclusive jurisdiction under this section, the order of that court must be recognized.
If 2 or more courts have issued child support orders for the same obligor and child, and more than 1 of the courts would have continuing, exclusive jurisdiction under this section, an order issued by a court in the current home State of the child must be recognized, but if an order has not been issued in the current home State of the child, the order most recently issued must be recognized.
If 2 or more courts have issued child support orders for the same obligor and child, and none of the courts would have continuing, exclusive jurisdiction under this section, a court having jurisdiction over the parties shall issue a child support order, which must be recognized.
The court that has issued an order recognized under this subsection is the court having continuing, exclusive jurisdiction under subsection (d).
A court of a State that no longer has continuing, exclusive jurisdiction of a child support order may enforce the order with respect to nonmodifiable obligations and unsatisfied obligations that accrued before the date on which a modification of the order is made under subsections (e) and (f).
In a proceeding to establish, modify, or enforce a child support order, the forum State’s law shall apply except as provided in paragraphs (2) and (3).
In interpreting a child support order including the duration of current payments and other obligations of support, a court shall apply the law of the State of the court that issued the order.
In an action to enforce arrears under a child support order, a court shall apply the statute of limitation of the forum State or the State of the court that issued the order, whichever statute provides the longer period of limitation.
If there is no individual contestant or child residing in the issuing State, the 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 a State with jurisdiction over the nonmovant for the purpose of modification.
Source credit: (Added Pub. L. 103–383, § 3(a), Oct. 20, 1994, 108 Stat. 4064; amended Pub. L. 104–193, title III, § 322, Aug. 22, 1996, 110 Stat. 2221; Pub. L. 105–33, title V, § 5554, Aug. 5, 1997, 111 Stat. 636; Pub. L. 113–183, title III, § 301(f)(2), Sept. 29, 2014, 128 Stat. 1944.)
- 1994Enacted · Pub. L. 103-383 · 108 Stat. 4064
- 1996Amended · Pub. L. 104-193 · 110 Stat. 2221
- 1997Amended · Pub. L. 105-33 · 111 Stat. 636
- 2014Amended · Pub. L. 113-183 · 128 Stat. 1944
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-383 on 1994-10-20.
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