ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
child support; domestic
relations; committees
Purpose
Makes various changes relating to spousal maintenance, child custody during military deployment and the Child Support Enforcement and Domestic Relations Reform Committee.
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. Currently, the Department of Economic Security
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.
Current statutes provide that a parent who knowingly fails to furnish reasonable support for the parent’s child or a married person who leaves a spouse in a destitute situation or refuses to provide food, clothing, shelter and medical attendance for a spouse is guilty of a class 6 felony.
The proposed legislation provides that a person who knowingly fails to comply with a spousal maintenance order without lawful excuse is guilty of a class 1 misdemeanor. The maximum sentence for a class 1 misdemeanor is six months and the maximum fine is $2,500. Probation may be ordered for up to three years.
Additionally, the proposed
legislation authorizes the clerks of the court to enforce spousal maintenance
orders for spouses without dependent children using enforcement tools similar
to those available for child support, funded through a $5 surcharge on filings.
Finally, the legislation adds the cost of health insurance to the factors a judge must consider when determining spousal maintenance. It requires the courts to consider the cost for the spouse seeking maintenance to obtain health insurance and the expense reduction, if any, to the person from whom maintenance is sought, when deciding the amount of spousal maintenance to award.
Military
Deployment and Child Custody
The United States Armed
Services requires a family care plan for military personnel who are: (1) single
parents; (2) a military couple responsible for nonmilitary family members who physically
reside in their household; or (3) people with special circumstances determined
by their commander. The family care
plan is used to ensure adequate care arrangements are made for the military
personnel’s family in the event they are selected for permanent change in
station or temporary duty. The family
care plan designates a person to care for family members when a member of the
military is absent fulfilling a military obligation. In addition, the plan outlines the legal, medical, housing, educational,
monetary and religious arrangements for the care of the military member’s
family members.
Current statute dictates that the court determine custody, either originally or upon petition for modification, with the best interests of the child in mind. Noncustodial parents have the right to petition for a change in custody when there is a substantial change in circumstance. To award custody to a nonparent, the court must see clear and convincing evidence that awarding custody to the child’s legal parent is not in the best interests of the child.
This legislation requires the court to consider the military custodial parent’s family care plan when determining child custody during the custodial parent’s deployment and eliminates military deployment of less than six months from consideration as substantial change in circumstance if a military family care plan has been filed in a previous custody proceeding.
Domestic
Relations and Child Support Committees
Originally established in 1994 and modified in 1995, 1997 and 2000, the Child Support Enforcement and Domestic Relations Reform Committee currently consists of the four cochairmen of the two subcommittees: the Child Support Coordinating Council (CSCC) and the Domestic Relations Reform Study Subcommittee (DRRSS).
This legislative proposal
separates the current structure into two separate committees, one for child
support and one for domestic relations, with simplified purposes, appointments
and reporting requirements. The bill adds four positions to the Domestic
Relations Committee for representatives of law enforcement, family law section
of the state bar, children’s advocacy and a rural judge or commissioner.
1. Eliminates the Child Support Enforcement and Domestic Relations Reform Committee, the CSCC and the DRRSS.
2. Establishes the Child Support Committee and the Domestic Relations Committee.
3. Adds three members to the Domestic Relations Committee who were not on the DRRSS, representing law enforcement, children’s advocacy and the family law section of the state of Arizona.
4. Adds a second active or retired judge or commissioner from the domestic relations department of the superior court to the Domestic Relations Committee to be appointed by the Chief Justice of the Supreme Court.
5. Specifies that one of the two judges or commissioners on the Domestic Relations Committee shall be from an urban county and one shall be from a rural county.
6. Reduces legislative members of the Child Support Committee to two members from each body from different parties instead of three members from each body, not more than two of whom are from the same party.
7. Requires the President of the Senate, the Speaker of the House of Representatives, the Governor and the Chief Justice of the Supreme Court to appoint members of the two committees, as specified.
8. Requires each committee to prepare an annual report on the work, findings and recommendations regarding the subject areas to the President of the Senate, the Speaker of the House of Representatives, the Governor and the Chief Justice of the Supreme Court by December 31 of each year.
9. Instructs the Domestic Relations Committee to prepare a statewide plan for an integrated family court with comprehensive subject matter jurisdiction over all matters involving the family. The report is to be prepared on or before December 31, 2002 and submitted for legislative review.
10. Repeals the two committees on January 1, 2008.
Spousal
Maintenance
11. Establishes a surcharge on divorce, separation and annulment filings to fund efforts by the Clerks of the Court to assist individuals with enforcement of spousal maintenance orders.
12. Establishes a spousal maintenance enforcement enhancement fund.
13. Requires a judge when ordering spousal maintenance to consider the cost of health insurance for the person seeking maintenance, as well as the cost savings for the spouse from whom the maintenance is sought.
14. Establishes a class 1 misdemeanor for willful failure to comply with a spousal maintenance order.
15. Requires the court, in matters of a custodial parent’s military deployment, to consider the custodial parent’s military family care plan in determining custody in the child’s best interest during the custodial parent’s deployment.
16. Specifies, for purposes to modify a custody decree, military deployment of the custodial parent does not constitute a substantial change in circumstance if the custodial parent has filed a military family care plan with the court at a previous custody proceeding and the military deployment is less than six months.
17. Provides for a general effective date.
Amendments Adopted by Committee of the Whole
1. Instructs the Domestic Relations Committee to prepare a statewide plan for an integrated family court with comprehensive subject matter jurisdiction over all matters involving the family. The report is to be prepared on or before October 1, 2002 and submitted for legislative review.
2.
Adds
a member to the Domestic Relations Committee from the family law section of the
state bar of Arizona, to be appointed by the Chief Justice of the Supreme
Court.
1.
Adds
one active or retired judge or commissioner from the domestic relations
department of the superior court to the Domestic Relations Committee to be
appointed by the Chief Justice of the Supreme Court.
2.
Specifies
that one of the two judges or commissioners on the Domestic Relations Committee
shall be from an urban county and one shall be from a rural county.
3.
Changes
the date for which the integrated family court plan be submitted from October
31, 2002 to December 31, 2002.
Amendments Adopted by Conference Committee
1.
Establishes
a surcharge on divorce, separation and annulment filings to fund efforts by the
clerks of the court to assist individuals with enforcement of spousal
maintenance orders.
2.
Establishes
a spousal maintenance enforcement enhancement fund.
3.
Requires
a judge when ordering spousal maintenance to consider the cost of health
insurance for the person seeking maintenance, as well as the cost savings for
the spouse from whom the maintenance is sought.
4.
Establishes
a class 1 misdemeanor for willful failure to comply with a spousal maintenance
order.
5.
Requires
the court, in matters of a custodial parent’s military deployment, to consider
the custodial parent’s military family care plan in determining custody in the
child’s best interest during the custodial parent’s deployment.
6.
Specifies,
for purposes to modify a custody decree, military deployment of the custodial parent
does not constitute a substantial change in circumstance if the custodial
parent has filed a military family care plan with the court at a previous custody proceeding and the military
deployment is less than six months.
3rd
Read 2/4/02 18-8-4-0 HS 4/16/02 DP 8-0-0-2
Final
Read 5/16/02 24-4-2-0 3rd
Read 4/25/02 53-1-6-0
Final Read 5/20/02
40-18-2-0
Chapter 332
Prepared by Senate Staff
June 11, 2002