January 13, 2024 - WASHINGTON – U.S. Representatives Jim Costa (CA-21) and Anthony D’Esposito (NY-04), Co-Chairs of the bipartisan Crime Survivors and Justice Caucus have introduced Jane’s Law which is designed to eliminate loopholes that currently allow individuals to deliberately cross state lines to avoid paying court-ordered distributions after a divorce or separation. The bipartisan legislation would make it a federal crime to knowingly travel to evade compliance with court-ordered property distribution as part of a separation or divorce settlement.
“Ex-spouses who intentionally and deliberately flee their state to evade payment are breaking the law, plain and simple. Many women like Jane Maharam have been victimized by these injustices,” said Costa. “I’m proud to lead this legislation to close this loophole and ensure women get the justice they deserve."
“We have regretfully seen far too many instances of individuals utilizing loopholes in the law to avoid being held accountable and paying their court-ordered settlements to former partners after divorce or separation legal proceedings,” said D’Esposito. “Jane’s Law is a commonsense, bipartisan solution that would ensure the verdict of a court cannot be ignored simply by crossing state lines and ensure there is justice for individuals who have been financially wronged by their former partners.”
The namesake of Jane’s Law is Jane Maharam, a resident of New York who was forced to undergo a 15-year court battle after her estranged husband of 31 years, Robert Maharam, raided their New York Home in 1983 and stole marital assets such as money, furnishings, and investments. After a lengthy legal case, Robert Maharam was ordered to return millions of dollars to Jane. Instead of following the court order, Robert Maharam fled across state lines; an action that prevented an arrest warrant from being enforced and Jane from recovering the monetary payment ordered by the court in New York. Jane’s Law is being introduced to prevent any similar situations from occurring in the future.
Individuals found to violate Jane’s Law may be subject to criminal penalties—a fine, a prison term of up to two years, or both—and mandatory restitution in the amount of total unpaid property distribution. Upon a conviction, the court shall order restitution in an amount equal to the total unpaid amount under the court-ordered property distribution.
The full text of the bill is available HERE.
Source: Congressman Jiim Costa