Rule 401 - Reciprocal Enforcement of Support Proceedings(a) COMMENCEMENT OF PROCEEDINGS IN WHICH THE DISTRICT OF COLUMBIA IS THE INITIATING JURISDICTION ("I" CASES). A reciprocal enforcement of support action is commenced by filing with the court an original and 3 copies of the testimony expected to be adduced by plaintiff, and the deposit of court costs, if any, required by the jurisdiction to which the case is to be forwarded. If the plaintiff does not file a statement of testimony, the court may order a transcript of testimony adduced at trial to be prepared in quadruplicate by the court reporter at the expense of the plaintiff.(b) PROCEEDINGS IN WHICH THE DISTRICT OF COLUMBIA IS THE RESPONDING JURISDICTION ("R" CASES).(1)Jurisdiction of Defendant. Jurisdiction of the defendant is obtained by service upon the defendant of a Notice of Hearing and Order Directing Appearance, together with a copy of a petition or complaint and supporting documents forwarded by the initiating jurisdiction and filed in the Family Court. Service must be made as provided in Rule 4(d).(2)Answer. A defendant must file an answer in accordance with Rule 12(a). The defenses raised therein must be as specified by Rule 8(b).(3)Reply. On application, the court may permit the plaintiff to file a reply to defendant's answer within such time as the court may determine reasonable, depending upon the circumstances of the case.(4)Subsequent Action. If, in any other action within the Family Court, the question of support has been an issue or becomes an issue involving the same parties to a reciprocal support action the court may either specify that any award made must be paid through the reciprocal support order or dismiss the same in lieu of a new judgment. Any arrearages existing at the time of such dismissal will be incorporated in the new order.(5)Dismissal. If the court is notified by an initiating state that a case is no longer active in that state, the clerk must enter a dismissal of the action, notify the initiating state and provide it with a certification of the financial record. Notice must also be given to counsel of record.(6)Referral of Cases. Upon receipt by the clerk of a petition which names a respondent who is not within the territorial jurisdiction of this court, the clerk must, if able to ascertain the appropriate jurisdiction, refer the case to that jurisdiction without recourse to the initiating state. Notice of this referral must be made to the initiating jurisdiction.COMMENT TO 2018 AMENDMENTS
This rule has been amended consistent with the stylistic changes to the civil rules.
COMMENT
This Rule embodies the former Domestic Relations Rule on reciprocal support with some modifications to cover areas where experience has proven a need. Title 30A,
Chapter 3 of the D.C. Code embodies the Uniform Interstate Family Support Act of 1995 and is quite comprehensive in its coverage, so that there is no necessity for more rules.