House of Representatives

SB 1190

appropriations; spousal maintenance

(NOW: spousal maintenance; support orders; fund)

Sponsors: Senators Hartley; Hamilton, Aguirre

dpa	Committee on Human Services
x	Committee on Judiciary
	Caucus and COW	This bill as passed the Senate contains a PROP 108 clause.
	As Passed the House

SB 1190 requires the Department of Economic Security (DES) to establish the spousal maintenance enforcement system, and establishes the spousal maintenance enforcement fund.

Provisions

· Requires DES to enforce spousal maintenance orders in a similar manner as support orders.

· Establishes an additional $25 fee for the filing of a petition for annulment, divorce or legal separation in order to fund spousal maintenance orders. The clerk of the superior court is required to collect the fee and transmit the monies on a monthly basis to the county treasurer for deposit in the spousal maintenance enforcement fund. This section becomes effective August 31, 2001.

· Requires the court, in a case for spousal maintenance, to assign a portion of a person's income to the person or agency entitled to receive the spousal maintenance pursuant to the same standards currently in effect for support orders. Currently, courts have permissive authority.

· Includes spousal maintenance in the calculations for pro-rating support if a person owes support to more than one family and the amount withheld is not sufficient to meet the combined current support requirements.

· Allows DES to issue and terminate a limited income withholding order for a spousal maintenance case similar to the manner in which Title IV-D cases are currently handled.

· Permits the attorney general or county attorney, on behalf of the state, to initiate an action or intervene in an action to enforce a spousal maintenance order in a similar manner as support orders.

· Declares that, beginning August 31, 2003 and subject to the availability of monies in the spousal maintenance enforcement fund, DES or its agent shall, and any person may, enforce spousal maintenance orders pursuant to statute. This section becomes effective August 31, 2001.

· Requires DES, beginning August 31, 2001, to prioritize its enforcement efforts based upon the availability of funds in the spousal maintenance enforcement fund. Factors in determining priorities include:

· Financial need of the obligee.

· Ability of the obligor to engage in gainful employment.

· Any other factors deemed appropriate by the director of DES.

· Allows DES to create a waiting list for enforcement if sufficient funds are unavailable, effective August 31, 2001.

· Establishes the spousal maintenance enforcement fund to enhance the collection of maintenance for spouses with no dependent children, and to be administered by DES subject to legislative appropriation. Monies shall consist of the $25 filing fee for a petition for annulment, divorce or legal separation and legislative appropriations. This section becomes effective August 31, 2001.

· Allows a board or agency, in a case of spousal maintenance, to suspend and reinstate an obligor's license in a similar manner as support orders.

· Requires DES to administer spousal maintenance collection services and spousal maintenance orders.

· Allows DES access to records of state and local government agencies to enforce spousal maintenance orders in a similar manner as support orders.

· Requires the Department of Revenue to provide DES with the address of a taxpayer whose debt for spousal maintenance is referred for setoff. Currently, DOR notifies DES for support orders only, and not spousal maintenance.

· Declares that spousal maintenance has priority, along with overdue support, if a tax refund is in order for an obligor.

· States that when a tax refund is filed jointly, and DES receives a claim within 45 days from the obligee, the portion of the refund due to the obligor is setoff for spousal maintenance in a similar manner as overdue support.

· Includes spousal maintenance in the definition of debt.

· Makes technical and conforming changes.

· Contains a delayed effective date of August 31, 2003, unless otherwise noted.

· Contains a Proposition 108 clause.

SB 1190 was amended in the Human Services Committee with technical and conforming changes.

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45th Legislature

First Regular Session 2 April 4, 2001

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