State SealARIZONA HOUSE OF REPRESENTATIVES

 

 

HB 2278: child support rights transfer

PRIME SPONSOR: Representative Cobb, LD 5

BILL STATUS: Judiciary & Public Safety

 

Legend: ADES – Arizona Department of Economic Security Obligor – Person obligated to pay support Obligee – Person entitled to receive support Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to the transfer of child support rights.

Provisions

1.       States that child support, in a Title IV-D case, transfers to a caretaker who has physical custody of a child for 30 consecutive days, whether or not there is a custody order. (Sec. 1)

2.       Restricts ADES to only disburse child support to a caretaker who has physical custody for 30 consecutive days. (Sec. 1)

3.       Prohibits ADES from disbursing monies that have already been disbursed to an obligee in an underlying order. (Sec. 1)

4.       Directs ADES to disburse child support to a caretaker on the first day of the month after the 30-consecutive-day period of custody. (Sec. 1)

5.       Modifies the requirements before ADES can disburses child support to a person other than the obligee by:

a.       Removing the requirement to obtain a written statement from an obligee, if possible;

b.       Removing the requirement to mail to the obligor and obligee verification that the caretaker is receiving cash assistance, if applicable; and

c.        Allowing a court order to be obtained and mailed to the obligor and obligee, rather than a written statement. (Sec. 1)

6.       Removes the condition that a caretaker continue to receive child support until the obligor, who has the intent to obtain custody, receives an order granting custody. (Sec. 1)

7.       Allows ADES, when an obligee claims custody, to distribute child support to a caretaker determined to have physical custody, regardless if cash assistance was received. (Sec. 1)

8.       Permits ADES, in a non-Title IV-D case, to transfer support rights to a caretaker if:

a.       The caretaker applied for Title IV-D services or ADES is assigned support rights of a child by law; and

b.       Statutory requirements to transfer support rights are appropriately met. (Sec. 1)

9.       Makes technical and conforming changes. (Sec. 1)

 

Current Law

Title IV-D of the Social Security Act establishes a grant funded child support enforcement program that directs each state in the collection of child support, establishment of paternity, and other administrative functions related to the program. Cases that utilize funds from this program for child support enforcement are considered Title IV-D cases. In Arizona, Title IV-D cases are administered by the Division of Child Support Services at ADES.

A.R.S. § 46-444 outlines the condition when child support rights, in a Title IV-D case, transfer to a caretaker with physical custody of a child. ADES may transfer child support to a caretaker who has had physical custody of the child for at least 30 consecutive days, without modification of legal custody. The rights to child support terminate when the caretaker no longer has physical custody of the child. Prior to the disbursement of child support to a caretaker, ADES must:

·         Obtain a written statement from the caretaker, and if possible the obligee; 

·         Mail a copy of the caretaker's statement, verification, if applicable, of cash assistance received and a notice of the change in disbursement to the obligor and obligee; and

·         File a copy of the notice of change in disbursement with the court.

The obligee, obligor or another caretaker can object to the disbursement through an administrative review and appeals process.  

 

 

 

 

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Fifty-third Legislature                  HB 2278

Second Regular Session                               Version 1: Judiciary & Public Safety

 

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