ARIZONA STATE SENATE
Phoenix, Arizona
spousal maintenance
enforcement
Establishes a surcharge on
divorce, separation and annulment filings to fund efforts by the Clerks of the
Court (Clerks) to assist individuals with enforcement of spousal maintenance
orders. Establishes a spousal
maintenance enforcement enhancement fund (fund). Allows the court to suspend licenses and certificates of a person
in arrears on a spousal maintenance order.
Spousal maintenance is
rarely ordered unless the spouse has not been in the work force for a
substantial period of time or is disabled or otherwise unlikely to become
employed in the near future. The Department of Economic Security (DES) Division
of Child Support Enforcement assists in collecting spousal maintenance only
when it is included within a child support order. In other cases, the person must go through the court system to
remedy problems with collection of spousal maintenance.
A legislative proposal was
introduced last year to require DES to enforce spousal maintenance orders for
spouses without dependent children using enforcement tools similar to those
available for child support, funded through a $15 surcharge on filings. The bill was held in conference
committee.
During the interim,
representatives from DES, the Office of the Attorney General and the Clerks met
to discuss ways to assist individuals in need of spousal maintenance
enforcement. The group determined that expansion of the current assistance
available through the Clerks, funded through a $5 surcharge, is more
cost-effective than expanding the DES system, considering the small number of
persons in need. The proposed legislation
authorizes suspension of professional, recreational and driver licenses,
similar to some of the remedies available for child support collection.
The fiscal impact is
unknown, but the enforcement efforts are limited to funds available through
collection of the surcharge.
1. Establishes a surcharge of $5 for each filing of a petition or an answer for annulment, dissolution of marriage or legal separation.
2. Requires the Clerks to charge and collect the surcharge.
3. Establishes the spousal maintenance enforcement enhancement fund (fund) administered by the Clerks.
4. Requires the Clerks to spend fund monies to enhance enforcement of spousal maintenance orders.
5. Subjects use of the fund to the approval of the Board of Supervisors, in coordination with the presiding judge.
6. Requires an obligee to request judgment no later than three years after termination of order.
7. Exempts a formal written judgment for spousal maintenance from renewal and makes it enforceable until paid in full.
8. Requires a court, if termination of spousal maintenance is disputed, to construe in favor of the awarded spouse.
9. Establishes the jurisdiction of the superior court in proceedings to establish, enforce and modify spousal maintenance.
10. Establishes priority for spousal maintenance actions over all other civil actions except for child support actions.
11. Expands the authority of the Clerks to include assistance with enforcing spousal maintenance and parenting time as well as establishing, modifying and enforcing child support.
12. Specifies that Clerks may perform spousal maintenance collection and enforcement services as follows:
(a)
Information
regarding procedures.
(b)
Assistance
in completing forms and instructions to initiate an enforcement action.
(c)
Information
and referrals for debt collection and enforcement.
13. Permits an obligee to petition the court for an order to suspend specified licenses of an obligor of spousal maintenance who is at least two months in arrears.
14. Allows a court to send a certificate of noncompliance to a board or agency ordering suspension or denial of a license of an obligor, if the court finds that the obligor failed to pay spousal maintenance for at least two months.
15. Requires a board or agency to suspend or deny the license within 30 days after receiving notice from the court, and notify the court within ten days of the suspension with identifying information as specified.
16. Exempts the board or agency from conducting a hearing on a court-ordered suspension.
17. Prohibits the board or agency from lifting a license suspension until receiving a certificate of compliance from the court.
18. Allows a court to send a certificate of compliance with a spousal maintenance order to the board or agency if the obligor establishes compliance at a review hearing.
19. Requires the obligor to apply for license reinstatement and pay applicable fees.
20. Invalidates, by certificate of noncompliance alone, a hunting or fishing license without further action by a board or agency and prohibits an obligor from applying for a hunting license by automated drawing.
21. Contains definitions.
22. Provides for a general effective date.
Prepared by Senate Staff
January 14, 2002