child support; domestic
relations; committees
DPA |
Committee on Retirement and Government Operations |
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DP |
Committee on Human Services |
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DPA |
Caucus and COW |
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DPA |
Third Read |
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DPA |
As Passed the House |
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As Transmitted to the Governor |
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SB 1088 establishes the Child Support Committee and the Domestic Relations Committee and repeals the Child Support Enforcement and Domestic Relations Reform Committee, the Child Support Council Subcommittee and the Domestic Relations Reform Study Subcommittee. Additionally, the bill addresses military deployment of a custodial parent and adds various provisions pertaining to spousal maintenance.
ARS §25-320.01 established a Child Support Enforcement and Domestic Relations Reform Committee to monitor and submit the work of the Child Support Council Subcommittee and the Domestic Relations Reform Study Subcommittee. The Child Support Council Subcommittee’s duty was to review plans of and make recommendations to certain governmental agencies regarding child support enforcement and related issues.
The Domestic Relations Reform Study Subcommittee was responsible for recommending changes to statutes, rules and issues that related to domestic relations. The Domestic Relations Reform Study Subcommittee also had the specific duty of clarifying grandparents’ rights in domestic relations issues.
The Child Support Committee and the Domestic Relations Committee
· Establishes the Child Support Committee and its members.
· Requires the Child Support Committee to prepare and submit an annual report consisting of work, findings and recommendations on child support guidelines, enforcement and related issues on or before December 31, each year.
· Establishes the Domestic Relations Committee and its members.
· Requires the Domestic Relations Committee to prepare and submit a statewide plan for an integrated family court on or before December 31, 2002.
· Requires the Domestic Relations Committee to prepare and submit an annual report consisting of recommendations on the domestic relations statutes, rules, procedures and other related issues on or before December 31, each year.
· Prohibits non-legislative members of the Child Support Committee and the Domestic Relations Committee from receiving compensations but allows them reimbursements of expenses.
· Repeals the Child Support Enforcement and Domestic Relations Reform Committee, the Child Support Council Subcommittee and the Domestic Relations Reform Study Subcommittee.
· Repeals the Child Support Committee and the Domestic Relations Committee January 1, 2008.
Military Deployment
· Requires the court to consider the terms of a custodial parent’s military family care plan to determine what is in the child’s best interest during the parent’s military deployment.
· Specifies that for purposes of a motion to modify a custody decree, a custodial parent’s deployment is not a change in circumstance if a family care plan has been filed prior to the proceeding and the deployment is less than six months.
Spousal Maintenance
· Allows the Superior Court Clerk to provide programs to assist in the enforcement of child support, spousal maintenance, and parenting time.
· Establishes the spousal maintenance enforcement enhancement fund consisting of a $5 surcharge for each filing of a petition or an answer for annulment, dissolution of marriage, or legal separation and requires the monies be used to enhance enforcement of spousal maintenance orders.
· Grants original jurisdiction for establishment, enforcement or modification of spousal maintenance obligations to the Superior Court.
· Provides a limitation of three years after the termination date of the spousal maintenance order for claims on arrearages.
· Adds the cost of health insurance to the list of factors the court is to consider when determining a maintenance order.
· Prescribes a Class 1 misdemeanor for noncompliance with a spousal maintenance order [6 months/$2,500].
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45th Legislature
Second Regular Session 2 June 6, 2002
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