FOR CAUCUS & FLOOR ACTION
REVISED
|
|
ARIZONA STATE SENATE
RESEARCH STAFF
|
KATHY SEEGLITZ ASSISTANT RESEARCH ANALYST FAMILY SERVICES COMMITTEE Telephone: (602) 542-3171 Facsimile: (602) 542-7833 |
DATE: April 12, 2001
SUBJECT: Strike Everything
Amendment to H.B. 2557 – limitation of authority
Purpose
Requires the Department of Economic Security (DES) to enforce spousal maintenance orders for spouses without dependent children, based on the availability of funds, and authorizes DES to use enforcement tools currently available for enforcing child support orders.
Background
Currently, DES does not have a maintenance support enforcement program for spouses without dependent children. The Child Support Enforcement Unit in DES collects spousal support when it is a part of a child support enforcement order. In other cases, the spouse must go through the court system to remedy problems with the collection of spousal maintenance. Other states follow the same protocol as Arizona regarding spousal maintenance enforcement, according to the National Conference of State Legislatures.
The Child Support Enforcement Program was established under Title IV-D of the Social Security Act in order to establish paternity and obtain and enforce support obligations owed by noncustodial parents. Federal requirements allow some state laws to be amended to include non IV-D cases for enforcement in Arizona. Federal law cannot be used for enforcement of non IV-D cases. Examples of federal laws, which cannot be used for enforcement in non IV-D cases, include federal tax offset, interstate order of assignment and unemployment insurance deduction. According to DES, if the Division of Child Support Enforcement provides services for spousal maintenance orders when no child support order exists, it will not be able to receive federal financial assistance to collect spousal support.
The strike everything amendment to H.B. 2557 allows DES and the courts to apply enforcement actions currently available in cases of child support enforcement for enforcement of spousal maintenance orders. The enforcement actions include assignment of wages and suspension of driver’s, professional, occupational or recreational licenses. The strike everything amendment to H.B. 2557 also requires DES to enforce spousal maintenance orders for spouses with or without dependent children. Additionally, the strike everything amendment to H.B. 2557 establishes the spousal maintenance enforcement fund consisting of a $25 surcharge on specified court filings and legislative appropriations.
Provisions
1. Requires DES to use prescribed enforcement procedures, based on the availability of funds, to enforce spousal maintenance orders for spouses without dependent children.
2. Establishes the spousal maintenance enforcement fund (fund) to be administered by DES and consisting of a $25 surcharge on specified court filings and legislative appropriations.
3. Specifies the fund is subject to legislative appropriation and exempts fund monies from lapsing.
4. Establishes a $25 surcharge on filings for a petition for annulment, a divorce, a legal separation and a post-adjudication petition in a domestic relations case.
5. Requires the clerk of the court to transmit the collected surcharges to the state treasurer on a monthly basis.
6. Requires DES to prioritize enforcement efforts based on availability of monies in the fund and allows DES to create a waiting list based on the availability of funds.
7. Specifies the superior court has original jurisdiction to establish, enforce or modify a spousal maintenance obligation.
8. Requires a court to assign wages in cases of spousal maintenance.
9. Allows a court to require a self-employed obligor to offer six months of payments as a bond in the event the obligor does not make required payments for spousal maintenance.
10. Allows DES to refer an obligor to court for the suspension of an obligor’s driver’s, professional, occupational or recreational licenses for failure to pay spousal maintenance for at least two months, failure to comply with a support subpoena or failure to comply with a support arrest warrant.
11. Requires a court to send a certificate of noncompliance to a board or agency ordering the suspension or denial of a license if the court finds the obligor failed to pay spousal maintenance for at least two months, failed to comply with a support subpoena or failed to comply with a support arrest warrant.
12. Allows DES access to confidential records in order to establish, modify or enforce spousal maintenance obligations.
13. Requires DES to use an administrative income withholding order in spousal maintenance enforcement cases.
14. Allows the Attorney General or county attorney to initiate or intervene in legal action against a delinquent obligor in spousal maintenance cases, regardless of whether or not the obligee receives any public assistance.
15. Specifies an attorney-client relationship does not exist between the Attorney General or county attorney and the obligee.
16. Allows the state to initiate or intervene in an action involving spousal maintenance enforcement.
17. Allows DES to contract with a county attorney for spousal maintenance order enforcement, if the county provides child support order enforcement.
18. Adds spousal maintenance orders into the state case registry of child support and amends the registry name accordingly.
19. Includes "overdue support" in the Department of Revenue's liability setoff program of state tax refunds.
20. Expands the definition of "overdue support" to include child support or spousal maintenance enforced by a court.
21. Allows an agency or court to annually notify the Department of Revenue if a taxpayer owes an agency or court a debtor overdue support.
22. Requires the Department of Revenue to provide DES with a taxpayer’s home address and any additional taxpayer identification numbers if the taxpayer owes spousal maintenance and is referred for setoff of state tax refunds.
23. Includes spousal maintenance as a priority setoff of state tax refunds in cases where agencies or courts have at least two delinquent accounts for the same taxpayer.
24. Makes conforming and technical changes.
25. Contains a Proposition 108 clause.
26. Contains a delayed effective date of September 1, 2001, for the court finding surcharged and the establishment of the spousal maintenance enforcement fund.
27. Contains a delayed effective date of September 1, 2003, except as noted.
Amendments
Adopted by Committee
1. Includes "overdue support" in the Department of Revenue's liability setoff program of state tax refunds.
2. Expands the definition of "overdue support" to include child support or spousal maintenance enforced by a court.
3. Allows an agency or court to annually notify the Department of Revenue if a taxpayer owes an agency or court a debtor overdue support.
Senate Action
FS 4/12/01 DPA/SE 4/0/2
Prepared by Senate Staff
April 12, 2001