ARIZONA STATE SENATE
Phoenix, Arizona
court ordered
spousal support
Establishes a class 1 misdemeanor for willful failure to comply with a spousal maintenance order.
Current statutes provide that a parent who knowingly fails to furnish reasonable support for the parent’s child is guilty of a class 6 felony. Inability to furnish support is not a defense if the parent voluntarily remains idle, voluntarily decreases income or voluntarily incurs other financial obligations. The court may infer that the parent is capable of full-time employment at least at the federal adult minimum wage, although the inference does not apply to a noncustodial parent under the age of eighteen who is still attending high school. There is an affirmative defense if the parent is in compliance with a court order for child support.
Current statutes also provide that 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.
The fiscal impact of additional court hearings, collection of fines and imposition of sentences is not known.
1. Establishes a class 1 misdemeanor for willfully and without lawful excuse failing to comply with a spousal maintenance order.
2. Provides for a general effective date.
Prepared by Senate Staff
February 11, 2002