[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 278 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 278

   To establish the Federal right of every unemancipated child to be 
 supported by such child's parent or parents and, therefore, to confer 
 upon certain local courts of the District of Columbia and every State 
 and territory of the United States jurisdiction to enforce such right 
                 regardless of such child's residence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Jacobs introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish the Federal right of every unemancipated child to be 
 supported by such child's parent or parents and, therefore, to confer 
 upon certain local courts of the District of Columbia and every State 
 and territory of the United States jurisdiction to enforce such right 
                 regardless of such child's residence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Support Payment Act''.

SEC. 2. DECLARATIONS OF CONGRESS.

    (a) Right To Support.--The Congress hereby declares that every 
unemancipated child has a natural, moral, social, and Federal right to 
be supported by such child's parent or parents and that such right 
transcends the status of debt.
    (b) Effect of Exercise of Right To Travel.--The Congress further 
declares that while sound national policy requires that migration 
throughout the United States be unrestricted, experience has disclosed 
that in the exercise of the right of migration and travel many 
individuals leave behind them dependent and neglected children; and 
that although the courts of the State in which such children reside may 
have properly ordered an individual to meet his or her natural, moral, 
social, and Federal obligation to such children, once such individual 
has traveled to another State such individual has a practical sanctuary 
against jurisdiction of the original State of residence.
    (c) Instances of Departure Preceding Court Jurisdiction.--The 
Congress further declares that in other instances the departure 
preceded acquisition of jurisdiction over the individual by courts of 
the original State with like result.
    (d) Child Support Enforcement Amendments of 1984 Were Significant 
Steps.--In enacting the Child Support Enforcement Amendments of 1984 
the Congress took significant steps to assist children in obtaining 
needed financial support from their parents regardless of their 
circumstances, but many of the evils outlined above remain.
    (e) Policy.--It is the policy of Congress in this Act to correct 
these evils--
            (1) by requiring that orders of State courts directing 
        individuals to meet their natural, moral, social, and Federal 
        obligations to such children shall be enforced in the State 
        courts in areas to which such individuals have migrated from 
        the original jurisdiction within the United States; and
            (2) by giving State courts, in States to which such 
        individuals have migrated, original jurisdiction in suits 
        brought by citizens of other States to order such migrants to 
        meet such obligations, to the end that such children will not 
        suffer want or be made the objects of public welfare and thus 
        become an unnecessary burden to the general public and be 
        themselves thereby humiliated.

SEC. 3. ENFORCEMENT OF STATE COURT ORDERS.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by adding at the end thereof the following new chapter:

       ``CHAPTER 180.--ENFORCEMENT OF STATE COURT SUPPORT ORDERS

``Sec.
``3801. Definitions.
``3802. Registration of support orders.
``3803. Enforcement.
``3804. Notice to original court.
``Sec. 3801. Definitions
    ``As used in this chapter--
            ``(1) the term `support order' means an order of a State 
        court having jurisdiction over an individual, directing such 
        individual to make payments periodically to (or for the support 
        of) such individual's child (whether the issue of such 
        individual's body, legitimate or illegitimate, or adopted);
            ``(2) the term `obligor', with respect to a support order, 
        means an individual who is directed to make payments under the 
        order;
            ``(3) the term `obligee' means any individual to whom the 
        proceeds of a support order are payable for such individual, or 
        for the use or benefit of another individual, or such other 
        individual's guardian or guardian ad litem;
            ``(4) the term `original court', with respect to a support 
        order, means the court in which the order was made;
            ``(5) the term `State' includes the territories and the 
        District of Columbia; and
            ``(6) the term `registered', with respect to a support 
        order, means registered under section 3102 of this title.
``Sec. 3802. Registration of support orders
    ``Any obligee of a support order may register the order in any 
court of any State in which an obligor of the order resides, if the 
court is located outside the State in which the order was made, and has 
jurisdiction to issue support orders. Registration shall be 
accomplished by filing with the clerk of the court a certified copy of 
the support order and of each order of the original court modifying the 
support order.
``Sec. 3803. Enforcement
    ``(a) Any court in which a support order is registered shall 
entertain contempt proceedings, in the same manner as if the order were 
an order of such court, against an obligor who fails to comply with the 
order within thirty days after being served notice that it has been 
registered.
    ``(b) No proceedings to enforce a support order shall be begun in 
any court under this section unless a copy of each order of the 
original court modifying the support order is registered under section 
3102 of this title.
    ``(c) The cost of enforcement proceedings under this section shall 
be taxed against the party against whom the issues are resolved. The 
obligor shall be required to pay a reasonable attorney fee to the 
obligee if the court finds the proceedings were necessary to compel the 
obligor to comply with the support order.
``Sec. 3804. Notice to original court
    ``When, in any court, any support order is registered under section 
3102 of this title or any proceedings are taken under section 3103 of 
this title to enforce a support order, written notice of such action 
under the seal of such court shall be sent to the original court.''.
    (b) Clerical Amendment.--The table of chapters for part VI of title 
28, United States Code, is amended by adding at the end thereof the 
following new item:

``180. Enforcement of State Court Support Orders............    3801''.

SEC. 4. STATE COURT JURISDICTION.

    Section 1332 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) State courts shall have original jurisdiction of civil 
actions brought by a citizen of another State to order a citizen of the 
State in which the court is located to make payments periodically to 
(or for the support of) such citizen's child (whether the issue of such 
citizen's body, legitimate or illegitimate, or adopted) if under the 
law of such State a State court is authorized to make such an order, as 
an incident to a divorce proceeding or otherwise.''.
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