ARIZONA STATE SENATE
Phoenix, Arizona
child support; termination;
condition
Terminates the child support
order if the obligee and the obligor of the child support order marry.
The proposed legislation
incorporates recommendations of the Child Support Coordinating Council,
established by Laws 1994, Chapter 374, as amended by Laws 2000, Chapter
312. 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. Wyoming statute also
indicates the court may eliminate all the child support arrearages existing
between the parents except those assigned to the state of Wyoming. Numerous other states have addressed this
issue in case law.
The proposed legislation
automatically terminates the child support order when the obligee and obligor
wed. There is no anticipated fiscal
impact for this legislation.
1. 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.
2. Allows the obligee or the State to collect child support arrearages that accrued before the termination.
3. Provides for a general effective date.
Prepared by Senate Staff
January 17, 2002