Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
Purpose
Directs the Department of Economic Security (DES), in Title IV-D cases, to transfer the right of child support to a caretaker who has had physical custody of a child for 30 consecutive days.
Background
Established in 1975 as Title IV-D of the Social Security Act, the Child Support Services Program (Program) is a grant-funded program that outlines federal requirements for state child support enforcement, establishment of paternity and other administrative functions related to the Program. Cases that utilize funds from the Program for child support enforcement are referred to as Title IV-D cases. In Arizona, Title IV-D cases are administered by the Division of Child Support Services at DES.
Currently, in Title IV-D cases, DES may transfer the right to child support to a caretaker who has had physical custody of a child for at least 30 consecutive days, without obtaining a modification of legal custody. DES may disburse payments to the appropriate person, organization or agency authorized to receive or collect child support or to an individual caretaker. The transfer of the right to child support terminates when the caretaker no longer has physical custody of the child, except for the amount of unpaid child support still owed to the caretaker or to DES. Prior to the disbursement of child support to a caretaker, DES must do the following: 1) obtain a written statement from the caretaker, and if possible the obligee; 2) mail a copy of the caretaker's statement, verification of cash assistance received and a notice of the change in disbursement to the obligor and obligee; and 3) file a copy of the notice of change in disbursement with the court. The obligee, obligor or another caretaker may object to the disbursement to the caretaker by requesting an administrative review (A.R.S. § 46-444).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes, in title IV-D cases, that the right to child support transfers to the caretaker who has had physical custody of the child for 30 consecutive days, whether or not there is a custody order.
2. Directs DES to only disburse child support payments to a caretaker who has had physical custody of the child for 30 consecutive days.
3. Prohibits DES from disbursing monies that have already been disbursed to the obligee in the underlying order.
4. Requires DES to begin disbursements on the first day of the month after the expiration of the 30-consecutive day period that started on the date the caretaker took custody of the child.
5. Modifies the actions DES must take before disbursing child support payments to any person other than the obligee, as follows:
a) removes the requirement to obtain a written statement if there is a court order that places the child with the caretaker;
b) removes the requirement to mail a copy of verification that the caretaker is receiving cash assistance for the child or children; and
c) permits a court order to be mailed to the obligor and obligee.
6. Removes the requirement that a caretaker continue to receive child support until the obligor, who notifies DES of their intent to obtain custody, receives an order granting custody.
7. Directs DES to distribute child support to the caretaker determined to have physical custody of the child when an obligee claims custody.
8. Permits DES, in a non-Title IV-D case, to enter its appearance solely for the purpose of transferring child support rights to a caretaker if both of the following criteria are met:
a) the caretaker applied for Title IV-D services or DES is assigned support rights of the child; and
b) transfer of the support rights appears appropriate.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
House Action
HEALTH 1/11/18 DP 8-0-0-1-0-0
3rd Read 1/29/18 58-0-1-0-1
Prepared by Senate Research
February 23, 2018
CRS/NW/lat