ARIZONA STATE SENATE
Phoenix, Arizona
child support; enforcement
Modifies
self-employed-parent security deposits, suspension of interest and requests for
judgment relating to support arrearages. Extends enforcement actions to
dependency parental assessments.
The
Domestic Relations Reform Study Subcommittee (DRRS subcommittee) 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 DRRS
subcommittee include court officers and employees, legislators and parents. The
DRRS subcommittee 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. The bill restricts
calculation of arrearages to 90 consecutive days. It also restricts payments to
the obligee from security deposits to current child support only, thereby
eliminating payments for spousal support and any arrearages.
The bill also modifies a
provision of Laws 2000, Chapter 312 allowing suspension of interest on support
when an obligor is incarcerated or incapacitated, by restricting suspension of
interest to future interest. S.B. 1057 removes the proof of service requirement
on requests for judgment on arrearages because the Rules of Civil Procedure
include this requirement for any type of service. The bill eliminates the deadline for courts to hear a request for
judgment on arrearages. This statutory
deadline is not currently being met.
S.B. 1057 repeals an obsolete section requiring DES to set the scale and
formula for child support because current child support guidelines are
statutorily updated every five years in another section.
Finally, the bill adds
dependency proceedings to the types of judicial determinations for which
enforcement actions may be undertaken. Although the court orders every parent
with a child in foster care to pay a share of the placement cost, DES has
historically collected a very small percent of these parental assessments.
The fiscal impact of the
various provisions of this bill is unknown.
1. Restricts the court from suspending previously accrued interest on support arrearages when a petitioner is incarcerated or incapacitated. Defines “incapacitated.”
2. Prohibits the court from ordering a self-employed parent in arrears to establish a security deposit unless the person is in arrears for 90 consecutive days.
3. Limits DES from making payments to an obligee from support security deposits, to current child support only.
4. Eliminates the statutory requirement for DES to provide proof of service on a request for judgment of arrearages and the accompanying affidavit.
5. Eliminates the time frame for the court to hold a hearing on a request for judgment of arrearages.
6. Extends available enforcement methods to support orders issued through a dependency proceeding, through specified means.
7. Repeals an obsolete section requiring DES to set a child support scale and formula.
8. Replaces “obligee” with “party entitled to receive support” and “obligor” with “party obligated to provide support.”
9. Makes technical and conforming changes.
10. Provides for a general effective date.
Prepared by Senate Staff
January 19, 2001