House of Representatives

SB 1057

child support; enforcement

Sponsors: Senator Petersen

dp	Committee on Human Services
dpa	Caucus and COW
x	As Passed the House

SB 1057 makes numerous changes to the statutes relating to child support collections and enforcement.

History

The Child Support Coordinating Council (CSCC) of the Child Support Enforcement and Domestic Relations Reform Committee studies and makes recommendations to the Legislature regarding the marital relations statutes. Members of the CSCC include court officers and employees, DES employees, legislators and parents. The CSCC recommended this legislation.

The bill modifies two provisions of Laws 2000, Chapter 150 authorizing the court to order a self-employed parent, if in arrears for 90 days or more, to forward a security deposit to the Department of Economic Security (DES) and authorizing DES to pay the obligee from security deposit funds for missed support payments.

Additionally, the bill modifies a provision of Laws 2000, Chapter 312 allowing suspension of interest on support when an obligor is incarcerated or unable to maintain employment, by restricting suspension of interest to future interest.

Provisions

· Restricts the court from suspending previously accrued interest on support arrearages when a petitioner is incarcerated or disabled to the extent that the person is unable to maintain employment. Current law allows the court to suspend all interest from accruing for the period of time that the petitioner is incarcerated or otherwise incapacitated. SB 1057 solely limits the imposition of future interest if the petitioner is incarcerated or disabled.

· Clarifies that a party may file a request for judgment of arrearages.

· Eliminates the current proof of service requirements.

· Eliminates the timeframes for a person to request a hearing upon receipt of proof of service, and for the court to hold a hearing on a request for judgment of arrearages.

· Declares that a request for judgment of arrearages shall include notice of the right to request a hearing within 20 days for persons in Arizona, and 30 days for persons out of state.

· States that a request, affidavit and notice shall be served pursuant to the Arizona Rules of Civil Procedure to all parties.

· Allows a person to file a request for a hearing within the 20 or 30 day time period, whichever is applicable, if the arrearage amount or the identity of the person is in dispute. If the court finds that the objection is unfounded, or a hearing is not requested in a timely manner, the court is required to review the affidavit and grant an appropriate judgment against the party obligated to pay support.

· Clarifies that security deposits shall be used to compensate a party to whom support is ordered to be paid for missed current child support payments. SB 1057 limits DES from making payments from child support security deposits to current child support only.

· Prohibits the court from ordering a self-employed parent in arrears to establish a security deposit unless the person is in arrears for at least 90 consecutive days. Current law states that an obligor cannot be ordered to forward up to six months of child support unless the obligor is in arrears for 90 days or more.

· Extends current enforcement methods of support orders to include dependency proceedings.

· Repeals a current section of statute requiring DES to establish a scale and formula for determining support obligations.

· Makes technical and conforming changes.

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· 45th Legislature

· First Regular Session 2 April 16, 2001

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