SB1023 - 452R - House Bill Summary

House of Representatives

SB 1023

spousal maintenance enforcement

Sponsor: Senator Hartley

DP	Committee on Judiciary
DP	Committee on Human Services
X	Committee on Appropriations
	Caucus and COW
	Third Read
	As Passed the House

SB 1023 establishes the Spousal Maintenance Enforcement Enhancement Fund.

Current Status

SB 1023 passed the Judiciary Committee unamended.

SB 1023 passed the Human Services Committee unamended.

Provisions

§ Authorizes the clerk of the court to provide programs to assist in the enforcement of child support, spousal maintenance and parenting time. Further authorizes the clerk to provide programs to assist in the establishment and modification of child support.

§ Establishes the Spousal Maintenance Enforcement Enhancement Fund to be administered by the clerk of the superior court.

§ Stipulates that the clerk shall spend the money in the Fund to enhance enforcement of spousal maintenance only with the approval of the board of supervisors and in cooperation with the presiding judge.

§ Requires the clerk of the superior court to collect a surcharge of five dollars for each filing of petitions and answers for an annulment, dissolution of marriage or legal separation.

§ Stipulates that the clerk of the court may provide:

· Information on collection and enforcement procedures.

· Assistance in the preparation of forms and instructions to initiate an enforcement action.

· Information and referrals regarding spousal maintenance and debt collection and enforcement services.

§ Grants original jurisdiction for establishment , enforcement or modification of spousal maintenance obligations to the superior court.

§ Stipulates that spousal maintenance enforcement actions have priority over all other civil actions except child support actions and judicial determinations of whether the performance of an abortion on a juvenile without the consent of her parents is in her best interest [d1] .

§ Provides a limitation of three years after the date of termination of the spousal maintenance order on claims for spousal maintenance arrearages.

§ Stipulates that in a timely filed action to collect spousal maintenance arrearages there is no bar to establish a money judgement for unpaid spousal maintenance arrearages.

§ Makes formal, written judgements for spousal maintenance and associated costs and attorney fees enforceable until paid in full.

§ Provides for liberal construction of the new provisions for requests for arrearages in the event that a spousal maintenance order is disputed.

SB 1023 passed the Judiciary Committee unamended.

SB 1023 passed the Human Services Committee unamended.

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45th Legislature