(a) At all sentencing proceedings in which an individual will be sentenced for a period of imprisonment of more than 30 days, or at any proceeding in which a judge is revoking probation that will result in a sentence of imprisonment of more than 30 days, the sentencing court shall inquire as to whether the individual being sentenced is subject to a child support order. If the individual being sentenced is subject to a child support order, the sentencing court shall explain that:
(1) The individual being sentenced may petition to modify or suspend child support payments during the period of the individual’s imprisonment; and
(2) Child support payments will continue to accrue under the order unless the order is modified or suspended.
(b) The court shall provide each individual being sentenced with a copy of a pro se petition to modify the child support order pursuant to § 46-204. The petition may be filed in open court during sentencing. The petition shall be deemed filed in the case in which the child support order was entered as of its filing in open court, and the petition shall be included in the records of that case.
(c) The clerk of the Court shall effectuate service of the petition in accordance with § 46-206.
(May 24, 2005, D.C. Law 15-357, § 102(b), 52 DCR 1999.)
This section is referenced in § 46-204.
Structure District of Columbia Code
Title 23 - Criminal Procedure. [Enacted title]
Chapter 1 - General Provisions
§ 23–101. Conduct of prosecutions
§ 23–102. Abandonment of prosecution; enlargement of time for taking action
§ 23–103. Statements prior to sentence
§ 23–103a. Rights of victims of crime. [Repealed]
§ 23–104. Appeals by United States and District of Columbia
§ 23–105. Challenges to jurors
§ 23–106. Witnesses for defense; fees
§ 23–107. Discharge or acquittal of joint defendant during trial in order to be witness
§ 23–109. Powers of investigators assigned to United States Attorney
§ 23–110. Remedies on motion attacking sentence
§ 23–111. Proceedings to establish previous convictions
§ 23–112. Consecutive and concurrent sentences
§ 23–112a. Notice at sentencing of child support modification
§ 23–113. Limitations on actions for criminal violations
§ 23–114. Corroboration of a child witness’ testimony not required