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).
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 the clerks to assist in enforcing spousal maintenance
and parenting time as well as establishing, modifying and enforcing child
support.
The fiscal impact is
unknown, but the funds available through collection of the surcharge are
restricted to enforcement efforts.
According to the Maricopa County Clerk's Office, approximately $102,000
to $109,000 per year will be collected based on a historical review of
statewide filings.
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 and judicial authorizations.
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. Contains definitions.
14. Provides for a general effective date.
Amendments
Adopted by Family Services Committee
1. Adds an exception for judicial authorizations over which spousal maintenance actions would not take priority
2. Makes a technical change.
Amendments
Adopted by the Judiciary Committee
·
Removes suspension of licenses and certificates as an
enforcement tool for spousal maintenance.
Senate Action
FS 1/16/02 DPA 3-2-1
JUD 2/5/02 DPA 5-0-3
Prepared by Senate Staff
February 6, 2002