[Congressional Record Volume 140, Number 137 (Tuesday, September 27, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS ACT

  Mr. METZENBAUM. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 604, S. 
922, a bill relating to State Court modifications to orders requiring 
payment of child support.
  The PRESIDING OFFICER. The bill will be stated by title.
  The legislative clerk read as follows:

       A bill (S. 922) to provide that a State court may not 
     modify an order of another State court requiring the payment 
     of child support unless the recipient of child consents to 
     the seeking of the modification in that court support 
     payments resides in the State in which the modification is 
     sought or consents to the seeking of the modification in that 
     court.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike out all after the enacting clause and inserting in 
lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Full Faith and Credit for 
     Child Support Orders Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) there is a large and growing number of child support 
     cases annually involving disputes between parents who reside 
     in different States;
       (2) the laws by which the courts of different jurisdictions 
     determine their authority to establish child support orders 
     are not uniform;
       (3) those laws, along with the limits imposed by the 
     Federal system on the authority of each State to take certain 
     actions outside its own boundaries--
       (A) encourage noncustodial parents to relocate outside the 
     States where their children and the custodial parents reside 
     to avoid the jurisdiction of the courts of such States, 
     resulting in an increase in the amount of interstate travel 
     and communication required to establish and collect on child 
     support orders and a burden on custodial parents that is 
     expensive, time consuming, and disruptive of occupations and 
     commercial activity;
       (B) contribute to the pressing problem of relatively low 
     levels of child support payments in interstate cases and to 
     inequities in child support payments levels that are based 
     solely on the noncustodial parent's choice of residence;
       (C) encourage a disregard of court orders resulting in 
     massive arrearages nationwide;
       (D) allow noncustodial parents to avoid the payment of 
     regularly scheduled child support payments for extensive 
     periods of time, resulting in substantial hardship for the 
     children for whom support is due and for their custodians; 
     and
       (E) lead to the excessive relitigation of cases and to the 
     establishment of conflicting orders by the courts of various 
     jurisdictions, resulting in confusion, waste of judicial 
     resources, disrespect for the courts, and a diminution of 
     public confidence in the rule of law; and
       (4) among the results of the conditions described in this 
     subsection are--
       (A) the failure of the courts of the States to give full 
     faith and credit to the judicial proceedings of the other 
     States;
       (B) the deprivation of rights of liberty and property 
     without due process of law;
       (C) burdens on commerce among the States; and
       (D) harm to the welfare of children and their parents and 
     other custodians.
       (b) Statement of Policy.--In view of the findings made in 
     subsection (a), it is necessary to establish national 
     standards under which the courts of the various States shall 
     determine their jurisdiction to issue a child support order 
     and the effect to be given by each State to child support 
     orders issued by the courts of other States.
       (c) Purposes.--The purposes of this Act are--
       (1) to facilitate the enforcement of child support orders 
     among the States;
       (2) to discourage continuing interstate controversies over 
     child support in the interest of greater financial stability 
     and secure family relationships for the child; and
       (3) to avoid jurisdictional competition and conflict among 
     State courts in the establishment of child support orders.

     SEC. 3. FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS.

       (a) In General.--Chapter 115 of title 28, United States 
     Code, is amended by inserting after section 1738A the 
     following new section:

     ``Sec. 1738B. Full faith and credit for child support orders

       ``(a) General Rule.--The appropriate authorities of each 
     State--
       ``(1) shall enforce according to its terms a child support 
     order made consistently with this section by a court of 
     another State; and
       ``(2) shall not seek or make a modification of such an 
     order except in accordance with subsection (e).
       ``(b) Definitions.--In this section:
       ```child' means--
       ``(A) a person under 18 years of age; and
       ``(B) 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.
       ```child's State' means the State in which a child resides.
       ```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.
       ```child support order'--
       ``(A) means a judgment, decree, or order of a court 
     requiring the payment of child support in periodic amounts or 
     in a lump sum; and
       ``(B) includes--
       ``(i) a permanent or temporary order; and
       ``(ii) an initial order or a modification of an order.
       ```contestant' means--
       ``(A) a person (including a parent) who--
       ``(i) claims a right to receive child support;
       ``(ii) is a party to a proceeding that may result in the 
     issuance of a child support order; or
       ``(iii) is under a child support order; and
       ``(B) a State or political subdivision of a State to which 
     the right to obtain child support has been assigned.
       ```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.
       ```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.
       ```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).
       ``(c) Requirements of Child Support Orders.--A child 
     support order made is made consistently with this section 
     if--
       ``(1) a court that makes the order, pursuant to the laws of 
     the State in which the court is located--
       ``(A) has subject matter jurisdiction to hear the matter 
     and enter such an order; and
       ``(B) has personal jurisdiction over the contestants; and
       ``(2) reasonable notice and opportunity to be heard is 
     given to the contestants.
       ``(d) Continuing Jurisdiction.--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 contestant 
     unless the court of another State, acting in accordance with 
     subsection (e), has made a modification of the order.
       ``(e) Authority to Modify Orders.--A court of a State may 
     make a modification of a child support order with respect to 
     a child that is made by a court of another State if--
       ``(1) the court has jurisdiction to make such a child 
     support order; and
       ``(2)(A) 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 contestant; or
       ``(B) each contestant has filed written consent to that 
     court's making the modification and assuming continuing, 
     exclusive jurisdiction over the order.
       ``(f) Enforcement of Prior Orders.--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 subsection (e).
       ``(g) Choice of Law.--
       ``(1) In general.--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).
       ``(2) Law of state or issuance of order.--In interpreting a 
     child support order, a court shall apply the law of the State 
     of the court that issued the order.
       ``(3) Period of limitation.--In an action to enforce 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.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     115 of title 28, United States Code, is amended by inserting 
     after the item relating to section 1738A the following new 
     item:

``1738B. Full faith and credit for child support orders.''.

  Mr. METZENBAUM. Mr. President, I ask unanimous consent that the 
committee substitute amendment be agreed to; that the bill be deemed 
read a third time, passed; that the motion to reconsider be laid upon 
the table, and any statements thereon be placed in the Record at the 
appropriate place and as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 922) was deemed read a third time and passed.

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