Child Support Enforcement Amendment Act of 2001
Bill 14-26

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember David Catania introduced the following bill, which was referred to the Committee on Human Services.

To amend the District of Columbia Child Support Enforcement Amendment Act of 1985 to authorize the initiation of a contempt action for failure to pay child support; to permit the court, upon a finding of contempt, to impose a prison sentence up to six months, to require participation in a rehabilitative program, or to place the obligor on probation.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Child Support Enforcement Amendment Act of 2001 ".

Sec. 2. The District of Columbia Child Support Enforcement Amendment Act of 1985, effective February 24, 1987 (D.C. Law 6-166; D.C. Code § 30-501 et seq.), is amended by adding a new section 35a to read as follows:

"Sec. 35a. Contempt Remedy for Failure to Pay Child Support.

"(a) The Mayor or any party who has a legal claim to any child support may initiate a contempt action for failure to pay the support.

"(b) Upon a finding by the court that an obligor has willfully failed to obey any lawful order of child support, the court shall order obligor to pay the petitioner's attorney fees as well as the court costs, unless good cause can be demonstrated on the record against this result. In addition to or in lieu of any or all of the powers conferred by any other section of law, the court may:

"(1) commit the obligor to jail for a term not to exceed six months. For purposes of this section, failure to pay child support, as ordered, shall constitute prima facie evidence of a willful violation. Such commitment may be served upon certain specified days or parts of days as the court may direct, and the court may, at any time within the term of the sentence, revoke such suspension and commit the obligor for the remainder of the original sentence, or suspend the remainder of such sentence. Such commitment does not prevent the court from subsequently committing the obligor for failure thereafter to comply with any such order; or

"(2) require the respondent to participate in a rehabilitative program if the court determines that such participation would assist the obligor in complying with such order of child support and access to such program is available. Such rehabilitative program shall include, but not be limited to, work preparation and skill programs, non-residential alcohol and substance abuse programs and educational programs; or

"(3) place the obligor on probation under such conditions as the court may determine and in accordance with the provisions of the criminal procedure law.

"(c) The court shall not deny any request for relief pursuant to this section unless the facts and circumstances constituting the reasons for its determination are set forth in a written memorandum of decision."

Sec. 3. Fiscal Impact Statement.

The Council adopts the fiscal impact statement in the Committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 913; D.C. Code § 1-233(c)(3)).

Sec. 4. Effective Date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.