ARIZONA STATE SENATE
Phoenix, Arizona
support; conforming changes
Terminates the child support
order if the obligee and the obligor of the child support order marry and makes
technical changes and conforms state statutes with federal statutes relating to
modification and termination of child support or spousal maintenance.
The legislation incorporates recommendations of the Child Support Coordinating Council, established by Laws 1994, Chapter 374, as amended by Laws 2000, Chapter 312. The legislation consists of technical changes for statutory consistency or conforming changes to federal statutes. One provision changes the deadline for payment of the postadjudication fee to be paid within 10 days instead of 20 days. The clerk of the court’s office has experienced difficulty because of the 20-day deadline for payment. Several fees were received after cases had been returned to the original county for nonpayment of the fee. A shorter timeframe should resolve the problem.
Currently, if the obligee and obligor of a child support order marry or remarry, one of them would have to petition the court for the child support order termination. Wyoming is the only state indicating in statute that when parents marry or remarry the child support obligation terminates. Numerous other states have addressed this issue in case law.
There is no anticipated
fiscal impact for this legislation.
1. Changes the deadline for payment of the postadjudication fee on a transfer order from 20 to 10 days after the clerk of the court notice of the requirement to pay the fee.
2. Provides that if the obligee and the obligor of a child support order marry, the child support order automatically terminates on the last day of the month the marriage took place.
3. Allows the obligee or the State to collect child support arrearages that accrued before the termination.
4. Allows the obligee, obligor, the Department of Economic Security or its agent in a Title IV-D case to file a request to terminate or adjust any existing order of assignment.
5. Eliminates redundant language.
6. Makes technical and conforming changes.
7. Provides for a general effective date.
Amendments Adopted by the House of Representatives
1. Terminates the child support order if the obligee and the obligor of the child support order marry.
2. Specifies arrearages that accrued before the termination of the child support order may be collected by the State or the obligee.
3. Allows the obligee, obligor, the Department of Economic Security or its agent in a Title IV-D case to file a request to terminate or adjust any existing order of assignment.
Amendments
Adopted by Conference Committee
1. Corrects a drafting error by changing the term "revoke" to "terminate".
Senate Action House Action
FS 1/23/02 DP 6-0-0 HS 4/02/02 DP 7-0-0-3
3rd Read 2/04/02 26-0-4 JUD 4/02/02 DPA 9-0-0-1
Final Read 5/09/02 27-0-3 3rd Read 4/15/02 56-0-4
Final Read 5/20/02 56-0-4
Signed by the Governor 5/28/02
Chapter 310
Prepared by Senate Staff
June 5, 2002