ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
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
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. The bill changes the
calculation of arrearages to three months. 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 unable to maintain employment, 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 disabled to the extent that the person is unable to maintain employment.
2. Prohibits the court from ordering a self-employed parent in arrears to establish a security deposit unless the person is in arrears for three months.
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. Makes technical and conforming changes.
9. Provides for a general effective date.
Amendments Adopted by Committee
Allows suspension of interest when a person cannot
maintain employment instead of not able to make a decision.
Amendments Adopted by Committee of the Whole
Removes duplicative notice requirement.
Changes calculation of arrearage from 90 days to three months and reinstates "obligee" and "obligor".
Senate Action House
Action
FS 1/31/01 DPA 6-0-0-0 HS 3/13/01
DP 8-0-0-2
3rd Read 2/14/01 30-0-0-0 3rd Read 4/2/01 57-0-3-0
Final Read 4/5/01 29-0-1-0
Prepared by Senate Staff
April 17, 2001
Signed by the Governor 4/9/01
Chapter 81