ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
child support; omnibus
Conforms
and clarifies statutory requirements related to collection and distribution of
child support payments.
Laws 1994, Chapter 374, as
amended by Laws 1997, Chapter 176, created the Child Support Enforcement and
Domestic Relations Reform Committee (Committee) set for repeal on December 31,
2000. The Committee is comprised of the
four cochairs of two subcommittees, the Child Support Coordinating Council
(Council) and the Domestic Relations Reform Study Subcommittee. The subcommittees report quarterly to the
Committee and the Committee reports annually to the Governor, Legislature and
Chief Justice of the Supreme Court. The
annual report makes findings and recommendations for improvements in child
support enforcement and domestic relations, which culminate in legislative
proposals each year. The proposed
legislation codifies the Committee and its two subcommittees into permanent
statute with a sunset date of July 1, 2007.
The legislative proposal
incorporates the recommendations of the Council. One provision removes references to and fees for the clerk of the
court, since all payments are now directed to the centralized child support
clearinghouse. Another clarifies the
order in which handling fees and arrearage of handling fees are to be
applied. The right to a jury trial in
an administrative appeal was eliminated since decisions are now appealed to the
superior court and have the right to a jury trial. Workman’s Compensation benefit payments currently exempt from
attachment, garnishment and execution are subject to assignment for payment of
child support in the proposed legislation.
The proposed legislation
appropriates $70,000 from the state general fund to DES in FY 2000-2001 due to
an anticipated revenue shortfall caused by changes in disbursement and fee
procedures.
1.
Appropriates
$70,000 in state general funds to DES in FY 2000-2001 for the changes in the
disbursement formula regarding fees and arrearages.
2.
Eliminates
obsolete references to the clerk of the court collecting fees. These currently are remitted to the
centralized child support clearinghouse.
3.
Allows
counties to spend monies currently held in payment processing accounts.
4.
Eliminates
obsolete reference to jury trials in administrative appeals. Appeals are now directed to the superior
court.
5.
Subjects
Workman’s Compensation benefits to assignment for payment of child support.
6.
Clarifies
the order in which handling fees and arrearage of handling fees are distributed
from support payments.
7.
Repeals
the Committee on July 1, 2007 and the statutory section on December 31, 2007.
8.
Makes
technical and conforming changes.
9.
Provides
for a general effective date.
Amendments Adopted by Family Services Committee
1. Removes reference to committees.
Senate Action
FS 2/2/00 DPA 7-0-0-0
APPROP 2/9/00 DP 14-0-0-0
Prepared by Senate Staff
February 11, 2000