Full Faith and Credit for Child Support Orders Act
PL 103-383 (S.922), enacted 10/20/1994

PUBLIC LAW 103-383—OCT. 20,1994 
108 STAT. 4063 
Public Law 103-383 
103d Congress 
An Act 
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 support 
payments resides in the State in which the modification is sought or consents 
to the seeking of the modification in that court. 
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 "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 estabUsh 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 pa3nment 
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 
Oct. 20,1994 
[S. 922] 
Full Faith and 
Credit for Child 
Support Orders 
Act 
28 ilSC 1 note. 
28 u s e 1738B 
note. 
99-139 O - 94 (383) 
108 STAT. 4064 
P U B U C LAW 103-383—OCT. 20,1994 
(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 diminu-
tion 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 Uberty 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 jurisdic-
tion 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 piuposes 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 stabiUty 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: 
*
*
§ 1738B. Full fmth 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 educationsd 
expenses) for the support of a child. 
" 'child support order'— 
PUBLIC LAW 103-383—OCT. 20,1994 
108 STAT. 4065 
"(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 sup-
port 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 £ind 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 
msddng 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 obliga-
108 STAT. 4066 
PUBLIC LAW 103-383—OCT. 20, 1994 
tions 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 OF 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 limita-
tion.". 
(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: 
"17388. Full faith and credit for child support orders.". 
Approved October 20,1994. 
LEGISLATIVE HISTORY—S. 922: 
SENATE REPORTS: No. 103-361 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Sept. 27, considered and passed Senate. 
Oct. 4, 5, considered and passed House.