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REFERENCE TITLE: domestic relations; support; community restitution |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1396 |
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Introduced by Senators Allen: Reagan, Sinema; Representative Barton
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AN ACT
Amending title 25, chapter 3, article 2, Arizona Revised Statutes, by adding section 25-331; amending section 25-511, Arizona Revised Statutes; relating to marital and domestic relations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 25, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 25-331, to read:
25-331. Notification requirements
A. In all proceedings brought pursuant to this title, the court shall provide the following written notification to all parties:
On written request to the court by any party to the proceeding, after the court has made a final decision, a party is entitled to a written court analysis and conclusions of fact and law regarding the issues of child custody, community property, community debt and child support, including a detailed list of facts, case law and statutes supporting the court's decision.
B. The court shall provide the information required by subsection A to all parties within ten days after the court's ruling.
Sec. 2. Section 25-511, Arizona Revised Statutes, is amended to read:
25-511. Failure of parent to provide for child; classification; community restitution
A. Except as provided in section 25‑501, subsection F, any parent of a minor child who knowingly fails to furnish reasonable support for the parent's child is guilty of a class 6 felony.
B. It is an affirmative defense to a charge of a violation of subsection A of this section that the defendant parent has complied with a valid court order that was in effect for the time period charged and that set forth an amount of support for the minor child or was unable to furnish reasonable support. Inability to furnish reasonable support is not a defense if the defendant parent voluntarily remained idle, voluntarily decreased his the parent's income or voluntarily incurred other financial obligations.
C. The trier of fact, in determining whether the defendant parent has failed to furnish reasonable support, shall consider all of that parent's financial circumstances, including assets, earnings and entitlements of the defendant parent, and whether the defendant parent has made all reasonable efforts to obtain the necessary funds. The court shall also consider the parent's employment history, education level and skills and the current unemployment rate.
D. A parent who is unable to furnish reasonable support as ordered by the court may petition the court to stay all remedies for the parent failing to furnish reasonable support if the parent has lost employment and demonstrates to the court that the parent has made and is making reasonable and good faith efforts to furnish reasonable support by demonstrating that the parent has and is actively seeking verifiable and bona fide employment. The parent shall produce documentation to the court of having submitted at least three employment applications each week or other substantive evidence that the parent is actively seeking employment in an effort to furnish court‑ordered support.
E. On a showing of previous employment or lack of a physical or mental disability precluding employment, the trier of fact may infer that the defendant parent is capable of full‑time employment at least at the federal adult minimum wage. This inference does not apply to noncustodial parents who are under the age of eighteen and who are still attending high school.
F. During the time that the parent is unemployed, the parent must provide the other parent and the court a weekly report of the parent's activities as prescribed by the court pursuant to this section. At any time, the other parent may request a hearing claiming that the parent that failed to furnish reasonable support has not or is not complying with the requirements of this section. If the parent receives any unemployment monetary benefits, these benefits are subject to the child support guidelines.
G. In lieu of incarceration or a fine, the court may order a parent found in violation of this section to serve forty hours per month of community restitution at a nonprofit organization approved by the court until the parent complies with the parent's support obligations or gains full employment. The parent must provide the court with proof of compliance with the requirements of this subsection by submitting to the court each month an affidavit on the nonprofit organization's letterhead that indicates the dates and times served. The parent shall submit this affidavit in a manner directed by the court within ten days after the end of each month and shall provide a copy of the affidavit to the other parent. Community restitution does not eliminate or reduce a parent's support obligations. If a parent fails to comply with the requirements of this subsection, the court may revoke the parent's participation in community restitution and sentence the parent to serve a term of incarceration.