Jane's Law (HR 871)
Introduced February 7, 2007

Problem:

In 1983, when Robert Maharam left Jane, his wife of 31 years, he took everything from their Long Island home, emptied joint bank accounts, and sold the successful family business.  Jane filed for divorce, and after a protracted legal battle, the judge concluded that Robert owed her more than $4 million.  Rather than pay the settlement specified by the court, Robert fled New York State.  Due to a legal loophole that makes enforcement of civil divorce judgments next to impossible across state lines, Jane’s estranged husband to this date has yet to pay any of the $4 million, the judge ruled that he owed Jane.

Tragic circumstances like those of Jane Maharam befall too many Americans each year.  It is unconscionable that negligent spouses can avoid following court-ordered settlements simply by leaving the state.  Congress has the obligation to address this issue to ensure that when citizens suffer through the legal and emotional strains of a divorce, the ultimate ruling will be fairly administered. 

Solution:

In the 110th Congress, I have reintroduced Jane’s Law, H.R. 871.  This bill would close the egregious gap in our nation’s legal system that resulted in Jane’s plight and the plight of countless other Americans and will bring deadbeat spouses to justice.  Jane’s Law would make the act of fleeing over state lines to avoid paying court-ordered divorce settlements of property and/or assets over $5,000 a federal crime and require that the spouse who fled pay the full amount of the previously determined settlement.

Bill Text:

110th CONGRESS
1st Session

H. R. 871
To amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 7, 2007
Mr. WEXLER introduced the following bill; which was referred to the Committee on the Judiciary
 
A BILL
To amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes.
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 `Jane's Law'.
SEC. 2. SPOUSAL OBLIGATIONS.
(a) In General- Chapter 11(A) of title 18, United States Code, is amended by adding at the end the following:
`Sec. 3. Failure to pay legal spousal court-ordered property distribution
`(a) Offense- Whoever knowingly, travels in interstate or foreign commerce, with the intent to evade compliance with a court ordered property distribution as part of a separation or divorce settlement involving more than $5000, with respect to a spouse or former spouse, shall be fined under this title or imprisoned for not more than two years or both.
`(b) Mandatory Restitution- Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid property distribution.
`(c) Definition- The term `court ordered property distribution' means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a spouse or former spouse as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce.'.
(b) Conforming Amendment to Table of Sections- The table of sections at the beginning of chapter 11(A) of title 18, United States Code, is amended by adding at the end the following new item:
`228A. Failure to pay legal spousal obligations.'.
END
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