Joint Select Committee on Child Support Enforcement: final report

              JOINT SELECT COMMITTEE ON CHILD
SUPPORT ENFORCEMENT
FINAL REPORT
JOINT SELECT COMMITTEE ON CHILD SUPPORT ENFORCEMENT
FINAL REPORT
ESTABLISHMENT
The Joint Select Committee on Child Support Enforcement was establ i shed by
the President of the Senate and the Speaker of the House of Representatives in
a letter dated June 4, 1994. The President and Speaker asked the committee to
take the following steps in exploring new and aggressive approaches to creating
cost- effective and efficient service for children and families and increasing the
enforcement of child support in Arizona:
1. Determine the appropriate state agency in which both authority and
accountabi 1 i ty for the program should be pl aced.
2. Examine the existing Arizona child support process to identify ways in
which it can be streamlined.
3. Examine successful states and determine which practices directly resul t in
successful outcomes.
The Presiaent and Speaker identified the committee's goal as the creation
of an effective : hild support system by reducing case processing time, reducing
the backlog of cises and increasing child support collection rates.
REPORT
The letter from the Speaker of the House of Representatives and the
President of the Senate requires the Joint Select Committee on Child Support
Enforcement to submit a report to the Speaker and the President.
MEMBERSHIP
The committee was comprised of the following ten members:
Senate
Senator Matt Salmon, Co- Chair
Senator Jim Buster
Senator Ann Day
Senator Peter Goudinoff
Senator Sandra Kennedy
House
Representative Pat Blake, Co- Chair
Representative Russell Bowers
Representative John Kaites
Representative Joe Eddie Lopez
Representative Debbie McCune- Davis
STAFF
The two s t a f f members for the committee were:
Pat Chumbl ey, Legi s l a t i v e Research Analyst
House o f Representatives Human Services Committee
Joni Hoffman, Legi sf at i ve Research Analyst
Senate J u d i c i a r y Committee
MEETINGS
The J o i n t Select Committee on Child Support Enforcement met four times at
the s t a t e c a p i t o l on the f o l l o w i n g dates:
J u l y 21, 1993
October 7, 1993
November 30, 1993
December 16, 1993
The minutes f o r each o f these meetings are attached a t Appendix B.
I n a d d i t i o n , t h e committee held hearings a t several l o c a t i o n s throughout
the s t a t e i n order t o allow f o r more p u b l i c i n p u t . The l o c a t i o n s and dates o f
those meetings are as f o l l o w s :
August 31, 1993, Show Low
September 9, 1993, Globe
September 13, 1993, Mesa
September 23, 1993, Tucson
September 29, 1993, F l a g s t a f f
TECHNICAL ADVISORY COMMITTEE
The J o i n t Select Committee on Child Support Enforcement appointed a
Technical Advisory Committee t o a s s i s t the committee i n i: s e f f o r t t o e s t a b l i s h
an e f f e c t i v e c h i l d support system. The Technical Advisory Committee was
i n s t r u c t e d t o make recommendations w i t h respect t o improving the c h i l d support
system.
The members o f the Technical Advisory Committee were:
Joel Bankes Mary Leader
D i r e c t o r Executive Assistant
Family Support Center O f f i c e o f t t- a Governor
Superior Court i n Maricopa County State o f A r : z ~ n a
Nancy Bowes
Representative
Association f o r Children f o r
Enforcement o f Support
Barry Brody
Attorney a t Law
Jim Cady
Noncustodi a1 Parent
Kathy Casteel
D i v i s i o n Chief
Deputy Attorney-- Gila County
E. Gay1 e Eskay
Deputy Attorney
Pima County Attorney's O f f i c e
Ceci 1 Patterson
D i v i s i o n Chief Counsel
Human Services D i v i s i o n
Attorney General ' s O f f i c e
Jul i ana Vaughn
Assistant D i r e c t o r
Child Support Enforcement
Department o f Economic Security
Honorable S h i r l e y L i l l ien
Commissioner
Superior Court i n Pima County
Catherine Wall ey
Custodi a1 Parent
John Izzo
President
Family Friends
TECHNICAL ADVISORY COMMITTEE REPORT
The Technical Advisory Commi t t e e submitted i t s r e p o r t and recommendations
t o the J o i n t Select Committee on Child Support Enforcement on November 30, 1993.
The r e p o r t and recommendations o f the Technical Advisory Committee i s attached
as Appendix A.
FINAL RECOMMENDATIONS OF THE JOINT SELECT COMMITTEE
At the December 16 meeting the J o i n t Select Committee on Child Support
Enforcement accepted the r e p o r t and recommendations o f the Technical Advi sory
Committee w i t h some m o d i f i c a t i o n s and additions. Those m o d i f i c a t i o n s and
additions are l i s t e d below and, i n conjunction w i t h the Technical Advisory
Commi t t e e r e p o r t and recommendations, c o n s t i t u t e the f i n a l r e p o r t o f the
committee.
Modifications t o speci fi c Technical Advisory Comi t t e e Recomendat ians
Recommendation # 7, FPaqe 16 o f TAC r e p o r t l : The committee excluded t h i s
recommendation from i t s f i n a l r e ~ o r t . T here may be ~ r o b l e m sw i t h c o n f i d e n t i a1 it y
by r e q u i r i n g a c h i l d support obi igor t o be n o t i f i e d when h i s or her c h i l d ( r e n j
and former spouse apply f o r welfare b e n e f i t s .
Recommendation 456, iPaqe 31 of TAC reportl: The committee excluded this
recommendation from its final report. The committee indicated that the value-laden
nature of the material and the numerous existing curriculum requirements
in the education system made the recommendation problematic.
Additions to specific Technical Advisory Committee Recommendations
Recommendat ion # IS, f Paqe 19 of TAC report 1: The commi ttee recommended a1 1 owing
the legislature to determine the appropriate percentage of probabil i ty which will
constitute a rebuttable presumption of paternity or maternity when a DNA or HLA
test gives a positive result. The Department of Economic Security recommends
that the percentage should be establ i shed at 95%. Arizona currently uses the HLA
test for establishing paternity or maternity.
Recommendation # 17, [ Paqe 20 of TAC re~ ortl: The committee recommended adding
clarifying language to the TAC report to reflect the fact that the court
currently considers each parent's ability to provide financial support when
determining the amount of child support. The TAC report discusses the
apportionment of child support based on the time the child spends with each
parent but did not discuss the parent's ability to provide support.
Recommendation # 21, rPaqe 21 of TAC re~ ortl: The committee recommended that any
court rule requiring people to bring certain items to a modification hearing be
limited to those items listed in the TAC report.
Recommendation # 24, [ Paqe 23 of TAC reportl: The committee recommended that the
Division of Child Support Enforcement continue to work with the business
community to ensure this recommendation, requiring employers to report new hires
and rehires to the Division, is not unduly burdensome and that DCSE is utilizing
information already received by the state. The committee also recommended that
this information be used to combat fraudulent enrollment in welfare and benefits
programs.
Recommendation # 25, [ Paqe 23 of TAC reportl: The committee recommends that the
report clarify that it should be voluntary on the part of employers to ask new
employees whether the employee has a child support obligation.
Recommendation # 36, [ Paqe 26 of TAC report]: With respect to the TAC
recommendation regarding conforming the two statutes that address how long child
support must be paid, the committee recommends inserting clarifying 1 anguage
stating that the child support obligation continues until the child turns 18 or
is attending high school, whichever is later.
Recommendation # 41, [ Pase 27 of TAC re~ ortl: The committee recommended checking
federal law before pursuing the suggestion of working with the business community
to establish an electronic interface between the Division of Child Support
Enforcement and utility companies, insurance companies, financial institutions
and cable television companies. The committee further recommended assigning this
issue to the coordinating council for further study.
Additional Recommendat ions
1. The roles of the Domestic Relations Study Committee and the Child Support
Coordinating Council should be clarified. The majority of the committee
voted that the two entities should work together as one group, with each
constituting a subcommittee. The majority opinion reflects the belief
that the issues of domestic relations and child support are interrelated
and should be addressed together.
2. The Department of Economic Security should pursue more opportunities for
privatization of child support collections, either by expanding existing
programs or establishing new programs.
3. The Department of Economic Security, the court and legislature should
pursue funding for additional Quick- Court kiosks.
APPENDIX A
REPOR6T WECO ENDATIONS
of the
Technical Advisory Committee
on Child Support
to the
Joint Select Committee
on Child Support Enforcement
N O V E M B E R 1 , 1993
Members of the Joint Select Committee on Child Support Enforcement . . . . . . . . . . . . . . . . ti
Members of the Technical Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
Mission Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Technical Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Mission of the Technical Advisory Committee .................................. 9
Methodology ......................................................... 10
Recommendations ..................................................... 12
Child Support Coordinating Council ................................... 12 Domestic Relations Reform ......................................... 13 Process Improvement ............................................. 14
Intake ........................................................ 15 PaternityMaternity ............................................... 18 Child Support Order Establishment .................................... 20
Modifications .................................................. 21 EnforcementlCollections ............................................ 22
Locate ........................................................ 27
Hearings ...................................................... 28
Education .................................................... 30
Appendix ........................................................... 33
Appendix A: Recommendations by Type of mange
Appendix B: Recommendations by Entity Responsible for Initiating Action
Appendix C: Letters of Appointment to Joint Select Committee on Child Support
Enforcement and Technical Advisory Committee
Appendix D: Process Improvement Progress Gantt Chart
Appendix E: Process Improvement Projected Results
Appendix F: Child Support Enforcement Projected Collections
Appendix G: Child Support Coordinating Council
MEMBERS OF THE JOINT SELECT
COMMITTEE ON CHILD SUPPORT ENFORCEMENT
Senator Matt Salmon, Co- Chair Representative Pat Blake, Co- Chair
COMMITTEE MEMBERS
Senator Jim Buster
Senator Ann Day
Senator Peter Goudinoff
Senator Sandra Kennedy
Representative Russell Bowers
Representative Debbie McCune Davis
Representative John Kaites
Representative Joe Eddie Lopez
TECBMCAL ADVISORY COMMITTEE
DAVID K. BIERS, Co- Chair BONNIE TUCKER, Co- Chair
Administrative Director Deputy Director
Administrative Office of the Courts Department of Economic Security
JOEL BAh? KES
Director
Family Support Center
Superior Court in Maricopa County
NANCY BOWS
Representative
Association for Children
for Enforcement of Support
BARRY BRODY
Attorney- at- Law
JIM CADY
Non- Custodial Parent
KATHY CASTEEL,
Division Chief
Deputy Attomy-- Gila County
E. GAIZEESKilY
Deputy Attorney
Pima County Attorney's Office
JOHN IZZO
President
Family and Friends
MARY LEADER
Executive Assistant
Office of the Governor
State of Arizona
HONORABLE SHIRLEY LlLIEN
Commissioner
Superior Court in Pima County
CECIL PAlTERSON
Division Chief Counsel
Human Services Division
Attorney General's Office
IULIANA VAUGhW
Assistant Director
Child Support Enforcement
Department of Economic Security
CATHERINE WRLLEY
Custodial Parent
Staff to the Technical Advisory
Committee :
Kevin Bell Linda Bostick
Agnes Felton Sharon Ibarra
Minette Pollard
WSSION STATEWhPT
OF TBE
TECHNICAL ADVISORY COMWWEE
Propose Recommendations to the Joint Select Committee on Child Support Enforcement
to Make Major Improvements in Arizona's Child Support System, to include:
Collections, Custody and Visitation, Creating a System Which:
Is Efficient, Cost Effective, and Timely;
The Most Improved in the U. S. by 1995;
Demonstrates Significant Improvement in Collections;
Increases Parental Cooperation, and a Higher Degree of Customer
Satisfaction; and is Perceived as Being Fair;
Work, Plan and Communicate Effectively Between all of the Government and Citizen
Players in Child Support Enforcement.
REPORT AMD REGO NDATIONS
, of the
TECHNICAL ADVISORY COMWTTEE ON CHILD SUPPORT
to the
JOINT SELECT CO E ON CHlLD SUPPORT ENFORCEMENT
In July of 1993, the Joint Select Committee on Child Support Enforcement, co- chaired by
Senator Matt Salmon and Representative Pat Blake, appointed a Technical Advisory Committee
on Child Support Enforcement to assist them in their effort to establish an effective child support
system. The Technical Advisory Committee was instructed to make recommendations on how
to improve the child support enforcement system in Arizona and reduce the emotional impact
this issue has on Arizona's families.
The Technical Advisory Committee, co- chaired by David Byers,, Administrative Director,
Administrative Office of the Courts, and Bonnie Tucker, Deputy Director, Department of
Economic Security, submits the following report and recommendations to the Joint Select
Committee on Child Support Enforcement. For continuity, the recommendations are organized
to reflect the methodology the committee used in analyzing the child support system. For
instance, a recommendation to improve enforcement and collections would be found under the
Enforcement/ Collections heading. In addition, each recommendation includes a brief narrative
of the " problem" to be solved, what type of action is required to implement the recommendation
and the entity that must initiate the implementation. Details of implementation will be brought
to the Child Support Coordinating Council. Below is a list of the categories the committee used
to describe the type of action required to implement a recommendation:
Legislative Change
Administrative Change
Court Rule Change
Long Term Change
Federal Legislative Change
Federal Waiver
Other
Appendix A contains a list of the recommendations according to the type of action required to
implement the recommendation.
Appendix B contains a list of the recommendations according to the entity responsible for
initiating the action.
The Committee recommends establishing several pilot projects. Those projects, plus others in
the courts and Department of Economic Security will continue over the next two years. During
that time significant improvements in customer service and child support enforcement are
expected. Different approaches and structures will be in operation during this period. The
approaches will include a private contractor model in two counties, the county attorney as
contractor in five counties, and the Department of Economic SecurityIAttorney General model
in eight counties. " One Stop Shopping" experiments will also be tried. The proposed
coordinating council and the legislature should evaluate the results. It is important that a
thorough evaluation be made of the pilot projects so that the most effective procedures can be
widely implemented after the pilots' conclusion, thereby yielding even greater improvements.
RECOMMENDATIONS
The Technical Advisory Committee developed 57 recommendations, of which 28 require
legislative action. To provide a holistic approach to resolving child support issues, the
recommendations impact the entire child support system, IV- D ( handled by the Department of
Economic Security) and non- IV- D ( handled by private attorneys or those without legal counsel).
The actual recommendations begin on page 12.
The recommendations are summarized below:
Child Support Coordhating Council
Provide a mechanism for on- going communication, integrated planning among stakeholders in
child support cases, and increased stability and consistency of policies.
Domestic Relations Reform
Establish a Domestic Relations Study Committee to consolidate, revise and modernize the
domestic relations statutes.
Process Improvement
Involve the domestic relations judges, commissioners, hearing officers, and administrators in the
Superior Court in Maricopa County and the Clerk of the Court in a process improvement effort
and have the Department of Economic Security coordinate its process improvement plans with
the Court's.
Expand process improvement efforts other counties.
Intake
Improve effectiveness of the IV- A ( Aid to Families with Dependent Children) intake process to
collect all pertinent child support information when the custodial parent applies for benefits.
To reduce fraud and improve family relations, provide more information to non- custodial parents
about the status and location of their children.
Simplify the process and forms for parties in non- IV- D child support cases and provide access
to less expensive resources to assist persons without legal counsel.
Pilot a " one- stop- shop" service center to assist the public as they move through the domestic
relations and child support systems.
Establish procedures for voluntary establishment of paternity without court action, including
additional hospital- based paternity programs.
Expand methods for voluntary establishment of paternitylrnaternity and simplify the process
Provide a mechanism to challenge incorrect paternity determinations.
Pilot a process in IV- D cases that allows custody and visitation to be established for the non-custodial
parent immediately following establishment of paternitylrnaternity and a child support
obligation.
Child Support Order Establishment
Provide additional training about child support guidelines to consider custody and visitation
circumstances when setting child support payment amounts.
Simplify the forms and procedures for establishing child support payment amounts.
Provide for uniform application of child support guidelines through training, procedural changes,
and simplified forms.
Modifications
Simplify the forms and procedures for modification of child support orders.
Improve the exchange of information between parties.
Provide additional methods to collect child support payments when wage withholding is
unavailable or ineffective.
Provide for alternative methods to pay child support.
Provide annual statement of payments to obligors.
Provide for court acceptance of electronically produced documents and records.
Augment electronic exchange of information snd nationally.
To the extent permitted by federal laws, proviof social security numbers on licensing
documents.
Hea
Streamline process to allow one hearing office multiple, related issues.
Provide case continuity by assigning one heari to all events in a case.
Provide education to parents about their paronsibilities after divorce and provide
education about forms and procedures in domsns cases.
Provide training to judges, commissioners, hears and others involved in the domestic
relations system about domestic relations proceapplication of child support guidelines.
Share customer service training among all stal
INTRODUCTION
In June 1993, Senator John Greene, President of the Senate, and Representative Mark Killian,
Speaker of the House of Representatives, appointed a Joint Select Committee on Child Support
Enforcement, co- chaired by Senator Matt Salmon and Representative Pat Blake ( Appendix C).
President Greene and Speaker Killian appointed the Select Committee to address problems with
the current child support enforcement system. The goal of the Select Committee is to assist in
establishing an effective child support enforcement system by increasing collections, and
reducing processing time and the backlog of cases. To achieve this goal, the Select Committee
was instructed to: examine successful states and determine which practices directly result in
successful outcomes; determine the appropriate state agency in which both authority and
accountability for the program should be placed; and examine the existing Arizona child support
collections process to identify ways in which it can be streamlined. To assist them in their
efforts, the Select Committee appointed a Technical Advisory Committee, co- chaired by David
Byers, Administrative Office of the Courts, and Bonnie Tucker, Department of Economic
Security ( Appendix C). The Technical Advisory Committee was asked to make
recommendations to improve child support enforcement in this state and reduce the emotional
impact this issue has on Arizona's families.
BACKGROUND
Over the last year, the Department of Economic Security, the Courts, the Office of the Attorney
General and other stakeholders have worked together and separately to formulate plans and
proposals to improve Arizona's child support enforcement system.
Each group's proposal addressed their specific problems with the current system: how to
structure the child support system to best serve the children and taxpayers of the state; how to
improve communication and program coordination among the various stakeholders; how to
improve customer service and address the public's perception that the system is not always fair;
how to improve statewide child support collections; and finally, how to reduce the frustration
among custodial and non- custodial parents regarding both the domestic relations and child
support enforcement systems.
In order to improve its internal processes, the Department of Economic Security in April of this
year began an ambitious study of the IV- D child support enforcement program. The Director
of the Department of Economic Security established a Process Improvement Team to analyze
the operations of the Division of Chlld Support Enforcement ( DCSE) and recommend changes
to improve the program. The team worked full- time to review the division's processes and
procedures, document the problem areas, and suggest changes to improve the program. The
team outlined three critical areas for improvement: ( 1) reduce the cycle time for processing
cases; ( 2) " crack" the case backlog and; ( 3) increase collections.
The team also outlined 20 projects to improve the program. All of these projects are currently
underway ( Appendix D). The Department anticipates that all of the projects will be fully
implemented by August 1994. When completed, the Department expects to reduce case
processing time by 74%, from 187 to 48 days; reduce the case backlog by 80% and increase
collections from $ 71.5 million in FY 1993 to $ 150 million in FY 1995. ( Appendix E) There
is already an indication that the improvement projects are having a positive effect. Child support
collections in the first quarter of fiscal year 1994 exceed collections for this time period last
year. ( Appendix F)
The Court also brought together a team to look at the child support enforcement process and
develop proposals for improvements. The project team adopted the mission " to develop a plan
to provide the citizens of the state of Arizona with services that encompass the financial and
emotional support of children, which are cost- effective and accessible, respecting the doctrine
of separation of powers and the rights of individuals."
The project team proposed 11 recommendations to improve the child support enforcement
system. Those recommendations address stability in the administration of the IV- D child support
system with the establishment of a separate child support agency, a permanent child support
commission and a state- mandated, county operated state IV- D plan. The recommendations also
address privatization of the state's child support computer system and its payment receipt and
disbursement system, mandatory alternate dispute resolution for expedited process, use of
paralegals, reallocation of the state's share of retained earnings, a more efficient hospital- based
paternity process, and conversion of all child support cases to IV- D. The project team's
recommendations were approved by the Court's policy group.
Both the Department of Economic Security and the Courts presented their recommendations to
the Joint Select Committee on Child Support Enforcement. The recommendations were later
presented to the Technical Advisory Committee for further discussion and consideration.
TECHNICAL ADVISORY COMMITTEE
The Technical Advisory Committee was formed to bring together all of the major stakeholders
involved in child support issues. The membership of the committee represents a cross section
of program administrators, parents, IV- D commissioners, and attorneys. The committee
members' expertise in the various areas of child support enforcement created a forum for
meaningful debate about the issues facing Arizona's child support enforcement system and the
possible approaches, both long- term and short- term, to resolving those issues. The meetings
were open to the public and the co- chairs encouraged input from persons in the audience.
The Technical Advisory Committee was given 60 days to identify problem areas in the state's
child support enforcement system, and develop recommendations to address those problems and
improve the system. Given the relatively short time frame and the complexities of the state's
child support enforcement system, the task has been formidable. However, the committee
members have shown extraordinary commitment to the task and their diligent efforts are
reflected in this report.
As part of the process to determine the scope of the Technical Advisory Committee's
assignment, the committee discussed a variety of methods for analyzing child support
enforcement and the domestic relations system. One approach was to examine restructuring the
entire system, including reassigning the responsibility for IV- D child support enforcement. It
was agreed, however, that in order to determine whether or not restructuring the system would
be cost effective, a long term analysis, requiring several years, would be needed. The
Committee also agreed that such a recommendation would not result in a significant increase in
child support collections for at least three to five years, if at all. In addition, since the
Department of Economic Security has already invested considerable resources to improve its
program, the Committee felt it was reasonable to give the improvements an opportunity to work.
The domestic relations department of the Superior Court in Maricopa County has also spent
many months reviewing its procedures, and has embarked on a plan to streamline its processes
and improve convenience and customer service. The Court, like the Department of Economic
Security, needs time to implement and evaluate the effects of its improvements.
Although the report does not contain a formal recommendation on privatization as it relates to
child support enforcement, the Committee agreed that the privatization pilot projects currently
underway within DCSE should be allowed to continue and that the data produced by these pilots
can provide the basis for future activity. The Technical Advisory Committee did not discuss
privatization of other functions throughout the child support process.
Given these parameters, the current efforts of the Department of Economic Security and the
Court, and the desire of all of the stakeholders to proceed expeditiously, the Committee focused
on analyzing areas that would provide significant improvements in child support collections
within 24 to 36 months. Therefore, the recommendations submitted by the Committee focus on
improvements that can be implemented by those agencies that have a significant role in child
support enforcement, and that can occur within the next one or two years.
The Committee recognizes that, over the next two years, pilot projects will be conducted in the
Courts, and Department of Economic Security, which will impact the domestic relations and
child support enforcement systems. Some are currently underway and others are proposed in
this report. During that time significant improvements are expected in customer service and
child support enforcement. At the conclusion of each pilot an evaluation must be conducted to
determine the effectiveness of the procedures piloted and to provide data for decision- making.
Effective procedures should be implemented on a broader scale following the pilot projects.
Finally, during the discussion of the various issues it became apparent that communication and
planning among the various stakeholders was lacking. In the past, each entity tended to plan and
implement improvements without input from others who were affected by the change. It is clear
that integrated planning and communicaiion among all of the child support stakeholders is
vital to ensure continued improvement in the system. The experience of the Technical Advisory
Committee has proven the value of pooling the resources and collective knowledge of a diverse
group to improve the complete system. The Committee endorses this process and has included
as one of the recommendations, a forum for continued communication, planning and
improvement.
MISSION OF THE TECHNICAL ADVISORY COMMITTEE
Because the child support enforcement system impacts a variety of different groups, and because
child support issues often overlap with a myriad of other important topics, the Committee
established specific ground rules by which to conduct the meetings. All issues were open for
discussion in order to stimulate debate and the free flow of ideas. However, the discussion did
not result in a formal recommendation unless there was consensus among the committee
members that the issue warranted that level of attention. This approach proved very effective
and the recommendations reflect that process.
As further guidance for the committee members, the group discussed a mission statement. The
Committee reviewed three choices for its mission:
( 1) Child support enforcement collections.
( 2) Child support enforcement and other matters that impact enforcement such as visitation
and custody.
( 3) A complete reform of the Title 25 domestic relations issues.
After extensive debate, the Committee decided that as its mission it would focus on child support
enforcement and other matters that impact enforcement such as visitation and custody.
Although the mission statement adopted does not address reforming the domestic relations
statutes, the Committee did agree that this was an important effort and has submitted a
recommendation to the legislature to establish a committee to reform Title 25 and other related
domestic relations statutes.
Mission
I. Propose Recommendations to the Joint Select Committee on Child Support Enforcement
to Make Major Improvements in Arizona's Child Support System, to include:
Collections, Custody and Visitation, Creating a System Which:
Is Efficient, Cost Effective, and Timely;
The Most Improved in the U. S. by 1995;
Demonstrates Significant Improvement in Collections;
Increases Parental Cooperation, and a Higher Degree of Customer Satisfaction;
and is Perceived as Being Fair;
11. Work, Plan and Communicate Effectively Between all of the Government and Citizen
Players in Child Support Enforcement.
METHODOLOGY
The Committee agreed to use the existing child support enforcement processes as a basis for
analyzing the entire system. The Committee agreed that in general a child support case must
proceed through one or more of the following steps:
t INTAKE -- the parent's initial contact with the system to open a case;
t LOCATE -- fmding the appropriate address of the parties and other demographic
information in order to take action on the case:
F PATERNITYIMATERNITY ESTABLISHMENT -- determining the legal parentage of
the child;
t ESTABLISHMENT OF A CHILD SUPPORT ORDER -- establishing the legal obligation
to pay child support;
t MODIFICATION -- modifying existing child support orders to provide for changed
circumstances of the parents or children;
t ENFORCEMENTICOLLECTIONS -- enforcing a court order to pay child support and
collecting current and past due support;
t HEARINGS -- a judicial determination of a contested matter in a child support case.
Because LOCATE and HEARINGS can occur at virtually every step in the process, the
Committee agreed to discuss these two topics separately. In addition, the Committee discussed
and recommends child support and domestic relations education for those who use the system.
After compiling the recommendations, they were categorized according to the type of action
required to implement the change. Listed below are the designations the Committee used for
each type of action:
t Legislative Change requiring action on the part of the legislature;
Administrative Change under the authority of the Department of Economic Security,
the Courts, or the Office of the Attorney General;
t Court Rule Change under the Rule 28 process of the Supreme Court;
Long- Term Change requiring additional planning and study;
Federal Legislative Change requiring action on the part of Congress or the Federal
Office of Child Support Enforcement;
b Federal Waiver requiring action on the part of the Federal Office of Child Support
Enforcement.
Each recommendation lists the entity( ies) responsible for initiating the action. There is also a
list of recommendations according to the type of action required in Appendix A and a list of
recommendations according to the entity responsible for initiating the action in Appendix B. The
assignment of a recommendation to one or more stakeholders does not assume others will not
be active in the planning and implementation of that recommendation. The entity assigned
responsibility should include input and participation from all appropriate stakeholders. The
Technical Advisory Committee wishes to continue the process of all stakeholders working
together. Details of the implementation of the recommendations should be brought to the Child
Support Coordinating Council.
RECOMMENDATIONS
CHILD SUPPORT COORDINATING COUNCIL
Problem
Up to now, the multiple stakeholders in the Child Support Enforcement and Domestic
Relations systems have not worked in a unified, organized, consolidated manner to plan
and communicate changes and improvements proposed for parts of the system. That has
resulted in each stakeholder moving ahead independently, in potentially conflicting
directions. In addition to promoting integrated planning, a structure is needed to
encourage stability in the system, even when individuals in policy- making positions
change.
1. Establish a Child Support Coordinating Council to provide a forum for the various child
support stakeholders to perform integrated planning, communicate more effectively,
coordinate activities, with each other and with other study committees such as the
Domestic Relations Study Committee, and make recommendations concerning child
support enforcement and related issues such as custody and visitation.
The legislature should ensure that the composition of the Council is well- balanced and
includes the necessary personnel to accomplish its goals. A suggested composition is
contained in Appendix G.
LEGZSUTNE -- Joint Select Committee on Child Support Enforcement
DOMESTIC RELATIONS REFORM
Problem
Statutes relating to domestic relations issues are not solely contained in Title 25, but are
scattered throughout other titles, making it difficult for a person to know the procedures
and laws that apply in a given situation. This causes conflict between statutes and
confusion for the parties. The statutory language needs to be consolidated, revised and
modernized.
2. Establish a Domestic Relations Study Committee to:
A. Consolidate all domestic relations statutes in Title 25 and other related sections
of law in one section of statutes;
B. Revise and reform the domestic relations statutes to modernize them and make
substantive changes to address issues that have been raised by the Technical
Advisory Committee and other groups, as well as address additional issues that
may arise;
C. Clarify rights of grandparents in domestic relations issues.
The legislature should review and determine the relationship between the Domestic
Relations Study Committee and the Child Support Coordinating Council.
LEGISLATIVE - Joint Select Committee on Child Suppon Enforcement
PROCESS 1MPROVEMENT
3. Domestic relations judges, commissioners, hearing officers, and court administrators in
the Superior Court in Maricopa County, the Clerk of the Court's office, and the
Department of Economic Security should coordinate their process improvement efforts.
That will allow all the important players to identify and implement improvements to the
domestic relations and child support enforcement systems.
.
Subsequently, process improvement efforts should also be undertaken in other counties.
Problem
The projected results of the Department of Economic Security's process improvement
efforts will produce a substantial increase in the superior court's IV- D child support
caseload, particularly in Maricopa County which has the majority of cases. That will
require additional IV- D commissioners. The Superior Court in Maricopa County has
done some planning and is in the process of implementing improvements. Those efforts
and the anticipated increase in workload need to be coordinated and fine- tuned to ensure
that all cases will be processed expeditiously.
ALlMINISZ7? ATNE - Superior Court in Maricopa County, Department of Economic
Security
INTAKE
The Division of Child Support Enforcement ( DCSE) receives cases by two different methods.
First, any person may visit a DCSE office to request services. Second, cases are automatically
referred to DCSE when a person applies for Aid to Families with Dependent Children ( AFDC).
During the AFDC interview, information about the absent parent is obtained and passed on to
DCSE for further child support services.
Problem
DCSE cannot work a case expeditiously if the AFDC applicant does not provide
sufficient information about the absent parent.
4. Improve effectiveness of the intake process to collect all pertinent child support
information when the applicant applies for AFDC benefits and to refer intake cases to
a special investigator or paternity specialist for further investigation when an AFDC
applicant fails to provide sufficient information.
ADMINISTRATNE - Department of Economic Security ( In progress -- N- A automated
system interface will allow collection of informution -- completion date June 1994.)
5. A. Provide additional training to AFDC intake workers on how to conduct effective
intake interviews.
ADMIMSTRAm - Department of Economic Security ( In progress)
B. Educate AFDC intake workers and AFDC applicants about the need for adequate
information in order to establish paternity or locate an absent parent, the
responsibility of applicants to cooperate in providing information and the potential
penalties for non- compliance.
ADMIMSTRATNE - Department of Economic Security
6. The Department of Economic Security should review its policies and procedures to deny
benefits to parents when an applicant does not provide pertinent child support information
without good cause. Allowable penalties should be imposed when appropriate.
ADMIMSTRATNE - Department of Economic Security
Problem
No reliable mechanism exists to prevent fraud and ensure that child support payments are
being used for the benefit of the child( ren), or to notify obligors their child( ren) are
receiving welfare benefits due to lack of support or fraud.
7. Inform child support obligors when their child( ren) and former spouse apply for welfare
benefits and about the obligors' potential liability to the state.
FEDERAL LEGISLATNE, LEGISLATIE - Department of Economic Security
~~~~~~~
Problem
Many times non- custodial parents lose contact with their child( ren) because there is not a
free exchange of information between the parents. Although the Committee recognizes
that this is a complicated matter, we recommend that a mechanism be established to
provide for the release of certain information.
8. Provide to the non- custodial parent relevant information regarding the address, social
security number, or other information about the child( ren) or custodial parent. Tl- us
information is currently considered confidential. To ensure the safety of all parties, the
information would not be released for 60 days. A showing of good cause why the
information should not be released would prohibit the release of such information.
FEDERAL LEGISLATNE - Department of Economic Security
Problem
Due to the increase in the number of persons without legal counsel who use the child
support enforcement and domestic relations systems, and the complex nature of each
system, there is a need to provide better education about the systems, and to provide
assistance to those persons who pass through the system.
9. Pilot a " one- stop shop" service center at appropriate locations ( in and out of court) to
help the public move through the domestic relations and child support enforcement
systems. The center will include:
A. Co- location of IV- D and court services;
B. A Child Support/ Domestic Relations hotline ( can be at a central location) to
provide information and referral services;
C. Use of Arizona's law school clinics to assist in providing " one- stop- shop"
services;
D. Education services such as videos about domestic relations and child support
enforcement;
E. Use of paralegalslnon- attorneys under the supervision of an attorney to provide:
- Referral and information services to direct the public to other government
offices;
- Information about available services;
- Form and document preparation services.
The Committee also discussed the appearance of non- attorneys in court. The State Bar
of Arizona is considering a rule change to authorize the limited practice of law by non-attorneys.
The Committee encourages the State Bar to continue their efforts and, based
on the results of those efforts, the Child Support Coordinating Council should further
study expanding the activities of paralegals to include representing the public in the
courtroom for certain cases.
LONG- TERM, ADMINISTRAm, COURT RULE - Court
LONG- ERM, ADMIMSTRAm - Depamnent of Economic Security and m c e of the
Attorney General
NOTE: Some aspects of the pilot can be implemented in the short- term.
The Committee recognizes the fiscal impact of this recommendation and suggests that
a reasonable fee could be charged for the services. A waiver would be available for
persons who could show that paying the fee would be a hardship. The costs associated
with the recommendation must be identified and analyzed in cooperation with the Joint
Legislative Budget Commiftee.
Problem
The instructions and forms used in domestic relations cases. and child support enforcement
cases are difficult to understand, follow and accurately complete for a person without
legal counsel.
10. Simplify the state forms and instructions for domestic relations cases and child support
enforcement cases. ( In progress -- IV- D child support enforcement forms are being
simplified.)
ADMINISTRATm - Court and Department of Economic Security
PATERNITY MATERNITY
In order to establish the legal rights of a child, and as a basis for the non- custodial parent's
obligation to pay child support, paternitylmaternity must be established. This can be done
through voluntary agreement, by genetic testing or through litigation.
Problem
II Establishing paternitylrnaternity and establishing a child support obligation are not linked
to establishing custody and visitation. The separation of these issues delays resolution of 1
11. Pilot a process which provides that in a IV- D case, once a voluntary agreement is
reached regarding paternitylrnaternity and the child support obligation, an order for
custody and visitation can be immediately obtained. Currently the order of
paternitylrnaternity and the child support order are established and the parties are referred
to the Courts to address custody or visitation issues.
ALIMIMSTRATNE - Court
ADMIMSTRATNE, LEGISLATIW - Department of Economic Security
NOTE: This pilot could be conducted as part of the one- stop pilot.
12. The Department of Economic Security shall review the relative effectiveness of
establishing paternitylrnaternity by using a letter that encourages a voluntary agreement
versus using summons and complaint.
ADMIN7STRA7WE - Department of Economic Securiq, Office of the Attorney General,
and Pima County Attorney S Ojj5ce
Problem
Recognizing the need for cost- effective innovations, the federal government in its recent
enactment of the Omnibus Reconciliation Act of 1993 ( OBRA) required that all states
adopt a mandatory hospital- based paternity program and allow for voluntary
acknowledgment to establish paternity without court action. House Bill 2109, enacted
into law this year, addresses some of the requirements of OBRA, and DCSE is currently
in the process of implementing those changes. However, additional changes are required
in order to meet all of the requirements of the federal law.
13. Implement procedures to establish paternity through voluntary acknowledgment.
A. Hospital
1. Provide that signatures of both mother and father on the birth certificate
establishes paternity. Modify Arizona birth certificates to allow signatures
of both parents.
2. Provide that if only the mother signs the birth certificate, she will receive,
while still at the hospital, a voluntary acknowledgment of paternity form
with a return envelope to the Department of Health Services ( DHS). If
DHS receives a paternity acknowledgment form with the father's notarized
signature, paternity shall be established. Create appropriate paternity
acknowledgment form.
3. Require health insurance companies to provide the mother with a paternity
acknowledgment form, and instructions for its use at the time she applies
for prenatal care. Receipt by the Department of Health Services of a
paternity acknowledgment form with the father's notarized signature, shall
establish paternity.
B. Home - Establish a procedure for the Department of Health Services to send a
voluntary acknowledgment of paternity form, and a return envelope, with birth
certificates that are sent out with only the signature of the mother. If DHS
receives a paternity acknowledgment form with the father's notarized signature,
paternity shall be established.
C. The Department of Health Services will establish and maintain a central registry
of voluntary acknowledgment of paternity forms and updated birth certificates and
allow the Department of Economic Security, the Court, and the Attorney General
access to this information.
ADMIMSTRATNE, LEGISLATIVE - Department of Economic Security
ADMIMSTRATNE - Court
The Committee recognizes a fiscal impact to this recommendation. Costs
associated with the registry must be identified and analyzed in cooperation with
the Joint Legislative Budget Committee.
14. Establish a method to rescind or vacate a voluntary agreement establishing
patemitylmatemity by use of a mandatory blood test.
LEGISLAZTE - Department of Economic Security
NOTE: Procedures currently exist in the law to challenge, for good cause, an incorrect
finding of paternitylmaternity .
15. Establish statutory presumptions for establishing paternitylmaternity through DNA or
HLA tests. Positive test results with a certain percentage of probability shall constitute
a rebuttable presumption of paternitylmaternity.
LEGISUTNE - Department of Economic Security
CHILD SUPPORT ORDER ESTABLISHMENT
The duty to pay child support must be established by court order. Once there has been a
determination that child support is owed, either by voluntary agreement on the part of the non-custodial
parent or by court order, there is a continuing legal obligation to pay support. An
action to establish a duty to pay child support may be initiated by the Department of Economic
Security and Office of the Attorney General. Divorcing couples with children usually have child
support orders established as part of the divorce proceeding. The amount of child support an
individual must pay is computed using the Child Support Guidelines adopted by the Supreme
Court.
Problem
The Child Support Guidelines forms, worksheets and schedules are complex and difficult
to understand and complete accurately. Due in part to their complexity, the Guidelines
are not uniformly applied in every case and are considered unfair by some.
16. Modify child support forms to incorporate a second residence adjustment in child support
cases.
ADMIMSlXA77- W - Court ( In progress)
17. Train judges, commissioners, hearing officers, and others involved in handling domestic
relations matters on what is and is not included in the child support payment schedules,
and how to use child support guidelines and calculate adjustments and deviations,
including:
A. Apportionment of child support based on the time the child spends with each
parent;
B. Uniform application of the child support guidelines.
ADMIMSlXA77- W - Court ( In progress)
18. Simplify the instructions and worksheet for the child support guidelines. Use technology
to simplify child support calculations.
ADMIMSlXATNE - Court ( In progress - the Court has a pilot prqiect for QuickCourt,
which electronically prepares fonns, makes calculations and is easy to use.)
The Committee recognizes a fiscal impact to this recommendaiion. Costs associated
with expansion of QuickCourt or development of another system must be identified and
analyzed in cooperation with the Joint Legislative Budget Committee.
MODIFICATIONS
Existing child support orders ( and custody and visitation orders) can be modified if the parents'
or childrens' circumstances change. At the request of either parent, the Court will schedule a
modification hearing. The party requesting the modification must complete the appropriate
forms to document the changed circumstances.
Problem
Currently there is not a mechanism to automatically require the exchange of information
by affidavits or otherwise between parties. The current process in the Appendix to Rule
XVII of the Uniform Rules of Practice requires the use of a court- approved spousal
affidavit in domestic relations matters, but only upon request of one of the parties. The
form is not uniform statewide, is complex and difficult to complete.
19. Create a statewide fmncial affidavit form for modifications that will automatically be
shared between the parties.
20. Develop software to calculate modifications in routine cases for persons without legal
counsel.
ADMIMSTRATNE - Court
Problem
In addition to the required form, parties in a modification action must bring numerous
other documents to substantiate changed circumstances. If one or both of the parties does
not bring all of the documents, the hearing must be rescheduled, thus delaying action on
the case and inconveniencing the parties.
21. Establish a system that compels exchange of information between parties prior to the
modification hearing. The system will include:
A. A color- coded checklist of documents to bring to hearings.
The system may include:
B. A pre- hearing phone call to parties to ensure all documents are provided,
C. Other screening processes,
D. A clear explanation of the possible sanctions for non- compliance, including that
the scheduled hearing time will be vacated if all of the required paperwork is not
complete, and interim financial sanctions may be imposed.
A child support order creates a legal obligation for a parent to pay child support. The Division
of Child Support Enforcement and some clerks of the superior court provide receipt and
disbursement ( collection) services to custodial and non- custodial parents. Enforcement activities
occur when child support payments are not made. There are a variety of enforcement remedies
that may be used by a custodial parent in a non- IV- D case, either with or without the help of
a private attorney, or in a IV- D case through DCSE and the Office of the Attorney General.
Problem
Persons owing or paying child support do not always possess accurate, up- to- date
payment histories on their cases. If the non- custodial parent makes a payment, but that
payment is not received or accurately recorded, the non- custodial parent may
unknowingly incur liability. In addition, documents produced electronically, such as
payment data, are not always accepted by the Courts, causing delay and inconvenience
for the parties.
22. Provide non- custodial parents with a statement of payments and outstanding balances in
child support cases. The statement should be provided automatically and at no charge,
at least annually. Other statements may be provided to the non- custodial parent for a fee
upon request.
ADMIMSmTNE - Court, and Department of Economic Security ( Automated monthly
statement in progress for N- D cases -- completion date March 1994).
23. Provide for court acceptance of electronic documents such as payment data from the
Arizona Tracking and Locate System ( ATLAS) and automated records via the Child
Support Enforcement Network ( CSNET).
LEGISLATNE - Depamnent of Economic Security
COURT RULE - Coun
Problem
It is very difficult to locate a parent and establish child support wage withholding . when
the parent frequently changes jobs or works in seasonal or cyclical employment.
24. Enact legislation to require employers to report new hires and re- hires to DCSE.
LEGISLATNE - Department of Economic Security
NOTE: This approach has been successfully implemented in other states including
( Massachusetts, Iowa, California, Alaska, and Washington). The Committee recognizes
that additional research is needed concerning the details of the recommendation to
minimize any negative impact on the business community.
Problem
The process to re- establish wage withholding after a change of employment causes
unnecessary delay and disruption of child support payments.
25. Enact legislation to allow automatic wage withholding to occur without delay by
requiring employers, at the time the employment forms are completed, to inquire about
an existing child support obligation and requiring new employees to disclose such
information. Upon disclosure of a child support obligation require the employer to
immediately begin wage withholding.
LEGISLATNE - Department of Economic Security
Problem
Coordinating wage withholding for non- custodial parents who have multiple employers is
cumbersome for the parent and the employers.
26. Establish a method to coordinate wage withholding when the employee has multiple
employers.
LEGISLATNE - Department of Economic Security
27. Enact legislation establishing a formula to assist employers in allocating child support
payments in both IV- D and non- 1V- D cases when the employee has multiple wage
assignments. ( This is a federal requirement for all states.)
LEGISLATIE - Department of Economic Security
Problem
Automatic wage withholding is the most common method used to collect child support
payments. In some cases, however, wage withholding is not possible. In those
instances, the non- custodial parent needs a variety of convenient methods to make
payments.
28. Allow for use of credit cards to pay child support. Provide a record to the clerk of the
superior court and the DCSE Clearinghouse.
ADMIN7STRATNE - Court -- non- N- D
LEGISLATNE - Department of Economic Security -- N- D
29. Allow for electronic fund transfers from the bank account of the non- custodial parent,
payor, or employer to the bank account of the custodial parent. Also provide for notice
of transfer to be sent to clerk of the superior court or DCSE Clearinghouse.
ADMIMSTRATNE - Court, Depament of Economic Security
30. When wage withholding is not possible, allow the court to order an attachment for
periodic payments of child support of funds owned or held for the benefit of, or in the
control of, the non- custodial parent. The court ordered attachment should also include
electronic transfers of funds to pay child support.
LEGISLATNE - Department of Economic Security
Problem
Private attorneys have expressed frustration with the limitations placed on their access to
information and their inability to use certain enforcement remedies, which are available to
the IV- D agency.
31. Pursue methods to provide private attorneys with access to locate information and
enforcement remedies used by the state, while ensuring that confidentiality remains
protected.
ADMINISTRATNE, LEGISLATNE - Department of Economic Security
ADMIMSTRATNE - Court
Problem
There are currently numerous provisions in the law that protect the rights of parties in
family law disputes. For instance, it is a felony to fail to pay child support or to
interfere with custody or visitation. There is a belief, however, that these protections
could be enforced more vigorously.
32. The Committee recommends that the legislature study the enforcement issues underlying
the following provisions of law to identify whether the enforcement remedies are used,
and to take appropriate steps to ensure their use:
A. Non- payment of child support;
B. Parental responsibility of grandparents for the actions of their children;
C. Interference with custody or visitation;
D. Enforcement of civil arrest warrants under the domestic relations and child
support enforcement laws.
LEGISLATNE - Joint Select Committee on Child Support Enforcement
Problem
Arizona laws need to be amended to comply with recent federal mandates. In addition,
several state laws need to be amended in order to clarify existing child support
procedures. Finally, there are several areas in the law where the child support statutes
conflict and amendments are needed to establish uniformity.
-
33. To comply with federal law and codify existing Arizona case law, enact legislation to
specifically state that child support orders are judgments by operation of law.
LEGIS'TNE - Department of Economic Security
NOTE: Annual statements will allow the obligor to have accurate information to
challenge judgments. Due process safeguards currently existing for the obligor to
challenge judgements will be preserved.
34. Clarify existing procedures by amending the law to make it clear that child support
payments shall be applied first to current support owed and then, if there is any amount
remaining, to child support arrears.
LEGISLATNE -' Department of Economic Security
35. Amend the law to reinsert language inadvertently deleted during the last legislative
session that provides that the state may file a petition for wage assignment without
verification. Because of the deleted language, Arizona Revised Statutes ( A. R. S .) 9
25.323.01 and 3 12- 1254.01 conflict.
LEGISLATNE - Department of Economic Security
36. Amend the law to conform two ( 2) Statutes that address how long child support must be
paid. One statute provides that child support shall be paid as long as the childtren) is in
high school. The other statute provides that child support shall be paid up to age 18.
- See, A. R. S. § 12- 245( A), A. R. S. $ 12- 843( A) and A. R. S. 3 25- 320( C).
LEGISLATNE - Department of Economic Security
37. During the last legislative session, A. R. S. $ 25- 327 was amended to change the time
frame for a court order modifying an existing child support order to take effect. A. R. S.
25- 327 and 12- 2453 now conflict.
LEGISLAm - Depamnent of Economic Security
38. Amend the law to conform A. R. S. $ 25- 320, A. R. S. $ 12- 2451 and A. R. S. 3 12- 843 to
provide that child support guidelines shall be used when establishing a child support
obligation.
LEGISLAM - Department of Economic Security
39. Amend the law to clarify that the date employers should use as the date monies are
withheld from an employee's wages is the date that appears on the employee's pay check.
LEGISLATMZ - Depamnent of Economic Security
Problem
Although the law provides that all court orders shall include a provision for health
insurance for the child( ren), enforcement of medical support provisions has proven
difficult.
40. Enact legislation to comply with the federal Omnibus Reconciliation Act of 1993 which
requires all states to enact laws to remove obstacles in obtaining medical coverage for
a child by prohibiting insurers from denying medical coverage on the grounds that:
A. The child was born out of wedlock,
B. The child is not claimed as a dependent on the parent's federal income tax return,
C. The child does not reside with the parent or in the insurer's service area.
When a parent fails to enroll the child, the Medicaid or IV- D agency may apply for
enrollment for the child. Employers would be required, if necessary, to withhold the
employee share ( if any) of health insurance premiums and pay them to the insurer.
LEGISLAM - Department of Economic Security
LOCATE
Before any action on a child support case can occur, whether it is disbursing a child support
check or issuing a summons and complaint, timely and accurate information concerning a
person's address, employer's address or. a person's assets is needed. Because accurate locate
information is necessary at virtually every step in the process, it is critical to the success of child
support enforcement.
Problem
Accurate and timely locate information is difficult to obtain.
41. Work with the business community to establish a plan to provide limited, key locate
information by magnetic tape or, where appropriate, by electronic interface between
DCSE and utility companies, insurance companies, fmancial institutions, and cable
television companies. All information exchanged shall be purged from DCSE records
after a specific period of time. Work with the business community to enact any
legislation required by the plan.
LEGISLATNE - Department of Economic Security
42. Provide for an electronic interface with the national driver's license database used by the
Motor Vehicle Division.
FEDERAL LEGISLATIVE - Department of Economic Security
43. Provide for government entities to use a social security number on state licensing
documents. Enact legislation to require state licensing agencies to request social security
numbers from applicants. Maintain federal confidentiality procedures and limitations to
protect information.
LEGISLATNE - Department of Economic Security
44. Develop electronic interfaces with state and federal agencies that can best provide
information about employment status and location.
LEGISLATIVE - Department of Economic Security
HEARINGS
Hearings are held to establish paternity in contested cases, and to establish and modify child
support, custody and visitation orders. Hearings are conducted by judges, commissioners and
hearing officers.
Problem
In some courts, domestic relations hearings are now set individually. When a hearing is
postponed at the last minute, usually because the parties do not have all the required
documents, the judge, commissioner or hearing officer does not have another case to hear
at that time. This causes delay.
45. To the extent possible set modification hearings in blocks rather than setting each case
individually.
Problem
Citizens are frustrated and inconvenienced, and the resolution of cases is delayed, because
multiple issues often require several hearings, at separate times and sometimes separate
locations. Two things primarily contribute to the frustration and delay. Federal funding
reimbursement regulations restrict a IV- D child support commissioner from hearing
custody and visitation issues when establishing a child support order, and when a case
requires several actions, such as establishing a modification order or adjudicating multiple
issues, different judicial officers may hear different issues in the same case.
46: Establish a pilot to examine the effectiveness of allowing a judge/ commissioner/ hearing
officerlmediator to headmediate custody, visitation and child support issues at one time.
Establish evaluation criteria to include at a minimum, measures of: the effect on relations
among parents and children; cost- effectiveness of a combined hearing; and whether
hearing all issues at once provides leverage for one party to affect the outcome of the
case, or increases the adversarial nature of the process.
FEDERAL WANER - Department of Economic Security
ADMIMSTRATNE - Courts
NOTE: The Committee recognizes the need to address the role of the Attorney General
and County Attorney in combined hearings in IV- D cases. This should be done in the
establishment phase of the pilot.
The Committee recognizes a potential fiscal impact for this recommendation that must
be identified and analyzed before and during the pilot, in cooperation with the Joint
LegisIative Budget Committee.
47. To the extent possible, calendar cases to ensure that the same judge! com-missionerlhearing
officer hears a case through all phases.
ADMINISTRATIVE - Court
Problem
Domestic relations cases, while considered civil cases, are different than other civil cases
because of the nature of the action, the issues and the high number of persons without
legal counsel. Court Rules, including local rules, for other civil cases, particularly Rule
26.1, Rules of Civil Procedure, do not adequately handle domestic relations cases, and
are not always followed, particularly when persons do not have legal counsel.
48. The Supreme Court should review the requirements of Rule 26.1, Rules of Civil
Procedure, to clarify their applicability to domestic relations cases and to modify them
as necessary to properly handle discovery and disclosure in domestic relations cases.
COURT RULE - Court
49. Courts should impose sanctions indicated in the rules when appropriate.
ADMINISTRATWE - Court
50. The Arizona Supreme Court should amend the application of Rule 42, ER 1.5D to clarify
whether attorneys can work on a contingency fee basis to collect current child support.
COURT RULE - Court
EDUCATION
Education for judges, attorneys and persons without legal counsel is currently offered by
multiple sources and is generally not mandatory. Access to education is limited and education
courses generally are not comprehensive; rather they focus on one specific aspect of domestic
relations cases.
Problem
Domestic relations cases are complex and involve difficult issues which can create a high
level of frustration among parties. Procedures and forms are hard to understand and
complete accurately, especially for persons without legal counsel.
51. The Committee endorses parental education for parents going through divorce or single
parents, involved in child support, paternity or modification actions, and recommends
that a pilot project be established and evaluated. Additional research is needed to
determine :
A. The criteria for placing individuals in an education program.
B. Whether education should be voluntary or mandatory.
C. How to coordinate the programs and the service delivery among IV- D and non-
IV- D cases.
The Committee recognizes a fiscal impact for this recommendation that must be
identified and analyzed in cooperah'on with the Joint Legislalive Budget Committee.
Provide educational programming to parents about domestic relations and child support
enforcement procedures and assistance available through use of:
A. Local government cable channels ;
B. Videos - " How To" programs;
C . Satellite/ teleconference programming;
D. Other.
ADMINISTRAM - Court, Depament of Economic Security
The Committee recognizes a fiscal impact for this recommendation that must be
identified and analyzed in cooperation with the Joint Legislalive Budget Committee.
53. Develop and provide workshops for persons without legal counsel to assist them in
completing forms and educate them about the events they will encounter at all steps of
the child support process, including IV- D and non- IV- D. The workshops should be
offered at times convenient to the public, including nights and weekends.
ADMINISTRATm - Court, Department of Economic Security
The Committee recognizes that there is a fiscal impact associated with this
recommendation that must be identified and analyzed in cooperation with the Joint
Legislative Budge Committee.
Problem
Rotation of judges and commissioners, the complexity of domestic relations issues, and
lack of uniformity in forms and procedures make it difficult to produce uniform results in
similar cases. The lack of uniformity and the frustration of parties in domestic relations
cases contribute to a perception that the process is not fair.
54. Provide mandatory training about child support guidelines and other domestic relations
procedures and issues for domestic relations judges, commissioners, hearing officers,
Department of Economic Security staff, Office of the Attorney General's staff, and
contracting county attorneys' staff.
ADMIMSTRATNE - Court ( In progress), Department of Economic Security, Ofice of the
Attorney General
55. Share customer service training among all stakeholders to help workers remain neutral
and fair in their dealings with the public.
ADMIMSTRATNE - All stakeholders
56. Begin a dialogue with primary and secondary schools to educate children about family
issues and responsibilities. The committee recommends that a group such as the
legislature, the Child Support Coordinating Council or the Parental Education Consortium
study the issue further.
Problem
The current method for collecting the monthly processing fee for child support payments
by the clerk of the superior court is cumbersome and time- consuming.
57. Streamline the procedure by collecting the fee annually from the custodial and non-custodial
parent in equal amounts. The custodial parent may pay the fee as a deduction
from one month's child support payment. The non- custodial parent may pay the fee as
a deduction from one month's wages. The request for payment of the fee shall be made
via automated request letters.
APPEND
APPEND
RECOMMENDATIONS BY TYPE OF CHANGE
LEGISLATIVE
1. Establish a Child Support Coordinating Council to provide a forum for the various child
support stakeholders to perform integrated planning, communicate more effectively,
coordinate activities, with each other and with other study committees such as the
Domestic Relations Study Committee, and make recommendations concerning child
support enforcement and related issues such as custody and visitation.
The legislature should ensure that the composition of the Council is well- balanced and
includes the necessary personnel to accomplish its goals. A suggested composition is
contained in Appendix G. -- Joint Select Committee on Child Support Enforcement
2. Establish a Domestic Relations Study Committee to:
A. Consolidate all domestic relations statutes in Title 25 and other related sections
of law in one section of statutes;
B. Revise and reform the domestic relations statutes to modernize them and make
substantive changes to address issues that have been raised by the ~ e c h c a l
Advisory Committee and other groups, as well as address additional issues that
may arise;
C. Clarifjr rights of grandparents in domestic relations issues.
The legislature should review and determine the relationship between the Domestic
Relations Study Committee and the Child Support Coordinating Council. -- Joint Select
Committee on ChiM Support Enforcement
7. Inform child support obligors when their child( ren) and former spouse apply for welfare
benefits and about the obligors' potential liability to the state. -- Department of Economic
Security ( also Federal Legislative)
11. Pilot a process which provides that in a IV- D case, once a voluntary agreement is
reached regarding paternitylmaternity and the child support obligation, an order for
custody and visitation can be immediately obtained. Currently the order of
paternitylmaternity and the child support order are established and the parties are referred
to the Courts to address custody or visitation issues. -- Court, Department of Economic
Security ( also Administrative)
13. Implement procedures to establish paternity through voluntary acknowledgment.
A. Hospital
1. Provide that signatures of both mother and father on the birth certificate
establishes paternity. Modify Arizona birth certificates to allow signatures
of both parents.
2. Provide that if only the mother signs the birth certificate, she will receive,
while still at the hospital, a voluntary acknowledgment of paternity form
with a return envelope to the Department of Health Services ( DHS). If
DHS receives a paternity acknowledgment form with the father's notarized
signature, paternity shall be established. Create appropriate paternity -
acknowledgment form.
3. Require health insurance companies to provide the mother with a paternity
acknowledgment form, and instructions for its use at the time she applies
for prenatal care. Receipt by the Department of Health Services of a
paternity acknowledgment form with the father's notarized signature, shall
establish paternity.
B. Home - Establish a procedure for the Department of Health Services to send a
voluntary acknowledgment of paternity form, and a return envelope, with birth
certificates that are sent out with only the signature of the mother. If DHS
receives a paternity acknowledgment form with the father's notarized signature,
paternity shall be established.
C. The Department of Health Services will establish and maintain a central registry
of voluntary acknowledgment of paternity forms and updated birth certificates and
allow the Department of Economic Security, the Court, and the Attorney General
access to this information. -- Department of Economic Security ( also
Administrative)
14. Establish a method to rescind or vacate a voluntary agreement establishing
paternitylrnaternity by use of a mandatory blood test. -- Department of Economic
Security
15. Establish statutory presumptions for establishing paternitylrnaternity through DNA or
HLA tests. Positive test results with a certain percentage of probability shall constitute
a rebuttable presumption of paternitylmaternity. -- Department of Economic Security
23. Provide for court acceptance of electronic documents such as payment data from the
Arizona Tracking and Locate System ( ATLAS) and automated records via the Child
Support Enforcement Network ( CSNET). -- Department of Economic Security ( also
Court Rule)
24. Enact legislation to require employers to report new hires and re- hires to DCSE. --
Department of Economic Security
Enact legislation to allow automatic wage withholding to occur without delay by
requiring employers, at the time the employment forms are completed, to inquire about
an existing child support obligation and requiring new employees to disclose such
information. Upon disclosure of a child support obligation require the employer to
immediately begin wage withholding. -- Depamnent of Economic Securizy
Establish a method to coordinate wage withholding when the employee has multiple
employers. -- Department of Economic Security
Enact legislation establishing a formula to assist employers in allocating child support
payments in both IV- D and non- IV- D cases when the employee has multiple wage
assignments. ( This is a federal requirement for all states.) -- Department of Economic
Security
Allow for use of credit cards to pay child support. Provide a record to the clerk of the
superior court and the DCSE Clearinghouse. -- Department of Economic Security -- IV-D
( also Administrative)
When wage withholding is not possible, allow the court to order an attachment for
periodic payments of child support of funds owned or held for the benefit of, or in the
control of, the non- custodial parent. The court ordered attachment should also include
electronic transfers of funds to pay child support. -- Department of Economic Securizy
Pursue methods to provide private attorneys with access to locate information and
enforcement remedies used by the state, while ensuring that confidentiality remains
protected. -- Department of Economic Security ( also Administrative)
The Committee recommends that the legislature study the enforcement issues underlying
the following provisions of law to identify whether the enforcement remedies are used,
and to take appropriate steps to ensure their use:
A. Non- payment of child support;
B. Parental responsibility of grandparents for the actions of their children;
C. Interference with custody or visitation;
D. Enforcement of civil arrest warrants under the domestic relations and child
support enforcement laws.
-- Joint Select Committee on Child Support Enforcement
To comply with federal law and codify existing Arizona case law, enact legislation to
specifically state that child support orders are judgments by operation of law. --
Department of Economic Security
Clarify existing procedures by amending the law to make it clear that child support
payments shall be applied first to current support owed and then, if there is any amount
remaining, to child support arrears. -- Department of Economic Security
35. Amend the law to reinsert language inadvertently deleted during the last legislative
session that provides that the state may file a petition for wage assignment without
verification. Because of the deleted language, Arizona Revised Statutes ( A. R. S.) 8
25.323.01 and 5 12- 1254.01 conflict. -- Department of Economic Security
36. Amend the law to conform two ( 2) statutes that address how long child support must be
paid. One statute provides that child support shall be paid as long as the child( ren) is in
high school. The other statute provides that child support shall be paid up to age 18.
- See, A. R. S. 5 12- 245( A), A. R. S. $ 12- 843( A) and A. R. S. 5 25- 320( C). -- Department
of Economic Security .
37. During the last legislative session, A. R. S. 5 25- 327 was amended to change the time
frame for a court order modifying an existing child support order to take effect. A. R. S.
5 25- 327 and 12- 2453 now conflict. -- Department of Economic Security
38. Amend the law to conform A. R. S. $ 25- 320, A. R. S. 5 12- 2451 and A. R. S. $ 12- 843 to
provide that child support guidelines shall be used when establishing a child support
obligation. -- Department of Economic Security
39. Amend the law to clarify that the date employers should use as the date monies are
withheld from an employee's wages is the date that appears on the employee's pay check.
-- Department of Economic Security
40. Enact legislation to comply with the federal Omnibus Reconciliation Act of 1993 which
requires all states to enact laws to remove obstacles in obtaining medical coverage for
a child by prohibiting insurers from denying medical coverage on the grounds that:
A. The child was born out of wedlock;
B. The child is not claimed as a dependent on the parent's federal income tax return;
C. The child does not reside with the parent or in the insurer's service area.
When a parent fails to enroll the child, the Medicaid or IV- D agency may apply for
enrollment for the child. Employers would be required, if necessary, to withhold the
employee share ( if any) of health insurance premiums and pay them to the insurer. --
Department of Economic Security
41. Work with the business community to establish a plan to provide limited, key locate
information by magnetic tape or, where appropriate, by electronic interface between
DCSE and utility companies, insurance companies, financial institutions, and cable
television companies. All information exchanged shall be purged from DCSE records
after a specific period of time. Work with the business community to enact any
legislation required by the plan. -- Department of Economic Security
. Provide for government entities to use a social security number on state licensing
documents. Enact legislation to require state licensing agencies to request social security
numbers from applicants. Maintain federal confidentiality procedures and limitations to
protect information. -- Department of Economic Security
44. Develop electronic interfaces with state and federal agencies that can best provide
information about employment status and location. -- Department of Economic Securzn
57. Streamline the procedure by collecting the fee annually from the custodial and non-custodial
parent in equal amounts. The custodial parent may pay the fee as a deduction
from one month's child support payment. The non- custodial parent may pay the fee as
a deduction from one month's wages. The request for payment of the fee shall be made
via automated request letters. -- Court
3. Domestic relations judges, commissioners, hearing officers, and court administrators in
the Superior Court in Maricopa County, the Clerk of the Court's office, and the
Department of Economic Security should coordinate their process improvement efforts.
That will allow all the important players to identify and implement improvements to the
domestic relations and child support enforcement systems.
Subsequently, process improvement efforts should also be undertaken in other counties.
-- Superior Court in Maricopa County, Department of Economic Security
4. Improve effectiveness of the intake process to collect all pertinent child support
information when the applicant applies for AFDC benefits and to refer intake cases to
a special investigator or paternity specialist for further investigation when an AFDC
applicant fails to provide sufficient information. -- Department of Economic Security
5. A. Provide additional training to AFDC intake workers on how to conduct effective
intake interviews. -- Department of Economic Security
B. Educate AFDC intake workers and AFDC applicants about the need for adequate
information in order to establish paternity or locate an absent parent, the
responsibility of applicants to cooperate in providing information and the potential
penalties for non- compliance. -- Department of Economic Security
6. The Department of Economic Security should review its policies and procedures to deny
benefits to parents when an applicant does not provide pertinent child support information
without good cause. Allowable penalties should be imposed when appropriate.
-- Department of Economic Security
9. Pilot a " one- stop shop" service center at appropriate locations ( in and out of court) to
help the public move through the domestic relations and child support enforcement
systems. The center will include:
A. Co- location of IV- D and court services:
B. A Child Support/ Domestic Relations hotline ( can be at a central location) to
provide information and referral services;
C. Use of Arizona's law school clinics to assist in providing " one- stop- shop"
services;
D. Education services such as videos about domestic relations and child support
enforcement;
E. Use of paralegalslnon- attorneys under the supervision of an attorney to provide:
- Referral and information services to direct the public to other government
offices;
- Information about available services;
- Form and document preparation services.
The Committee also discussed the appearance of non- attorneys in court. The State Bar
of Arizona is considering a rule change to authorize the limited practice of law by non-attorneys.
The Committee encourages the State Bar to continue their efforts and, based
on the results of those efforts, the Child Support Coordinating Council should further
study expanding the activities of paralegals to include representing the public in the
courtroom for certain cases. -- Court, Department of Economic Security, Once of the
Attorney General ( also Long- Term, Court Rule)
10. Simplify the state forms and instructions for domestic relations cases and child support
enforcement cases. ( In progress -- IV- D child support enforcement forms are being
simplified.) -- Court, Department of Economic Security
11. Pilot a process which provides that in a IV- D case, once a voluntary agreement is
reached regarding paternitylmaternity and the child support obligation, an order for
custody and visitation can be immediately obtained. Currently the order of
paternitylmaternity and the child support order are established and the parties are referred
to the Courts to address custody or visitation issues. -- Court, Depament of ~ conomic
Securiry ( also Legislative)
12. The Department of Economic Security shall review the relative effectiveness of
establishing paternitylmaternity by using a letter that encourages a voluntary agreement
versus using summons and complaint. -- Department of Economic Security, C; tfjTce of the
Attorney General, Pima County Attorney S W c e
13. Implement procedures to establish paternity through voluntary acknowledgment.
A. Hospital
1. Provide that signatures of both mother and father on the birth certificate
establishes paternity. Modify Arizona birth certificates to allow signatures
of both parents.
2. Provide that if only the mother signs the birth certificate, she will receive,
while still at the hospital, a voluntary acknowledgment of paternity form
with a return envelope to the Department of Health Services ( DHS). If
DHS receives a paternity acknowledgment form with the father's notarized
signature, paternity shall be established. Create appropriate paternity
acknowledgment form.
3. Require health insurance companies to provide the mother with a paternity
acknowledgment form, and instructions for its use at the time she applies
for prenatal care. Receipt by the Department of Health Services of a
paternity acknowledgment form with the father's notarized signature, shall
establish paternity.
B. Home - Establish a procedure for the Department of Health Services to send a
voluntary acknowledgment of paternity form, and a return envelope, with birth
certificates that are sent out with only the signature of the mother. If DHS
receives a paternity acknowledgment form with the father's notarized signature,
paternity shall be established.
C. The Department of Health Services will establish and maintain a central registry
of voluntary acknowledgment of paternity forms and updated birth certificates and
allow the Department of Economic Security, the Court, and the Attorney General
access to this information. -- Department of Economic Security, Court ( also
Legislative)
16. Modify child support forms to incorporate a second residence adjustment in child support
cases. -- Court
17. Train judges, commissioners, hearing officers, and others involved in handling domestic
relations matters on what is and is not included in the child support payment schedules,
and how to use child support guidelines and calculate adjustments and deviations,
including :
A. Apportionment of child support based on the time the chld spends with each
parent;
B. Uniform application of the child support guidelines.
-- Coun
18. Simplify the instructions and worksheet for the child support guidelines. Use technology
to simplify child support calculations. -- Court
19. Create a statewide financial affidavit form for modifications that will automatically be
shared between the parties. -- Court
20. Develop software to calculate modifications in routine cases for persons without legal
counsel. -- Court
21. Establish a system that compels exchange of information between parties prior to the
modification hearing. The system will include:
A. A color- coded checklist of documents to bring to hearings.
The system may include:
B. A pre- hearing phone call to parties to ensure all documents are provided,
C. Other screening processes,
D. A clear explanation of the possible sanctions for non- compliance, including that
the scheduled hearing time will be vacated if all of the required paperwork is not
complete, and interim financial sanctions may be imposed.
-- court
Provide non- custodial parents with a statement of payments and outstanding balances in
child support cases. The statement should be provided automatically and at no charge,
at least annually. Other statements may be provided to the non- custodial parent for a fee
upon request. -- Court, Department of Economic Security
Allow for use of credit cards to pay child support. Provide a record to the clerk of the
superior court and the DCSE Clearinghouse. -- Court - non- N- D ( also Legislative)
Allow for electronic fund transfers from the bank account of the non- custodial parent,
payor, or employer to the bank account of the custodial parent. Also provide for notice
of transfer to be sent to clerk of the superior court or DCSE Clearinghouse. -- Court,
Department of Economic Security
Pursue methods to provide private attorneys with access to locate information and
enforcement remedies used by the state, while ensuring that confidentiality remains
protected. -- Court, Department of Economic Security ( also- Legislative)
To the extent possible set modification hearings in blocks rather than setting each case
individually. -- Court
Establish a pilot to examine the effectiveness of allowing a judge/ commissioner/ hearing
officer/ mediator to headmediate custody, visitation and child support issues at one time.
Establish evaluation criteria to include at a minimum, measures of: the effect on relations
among parents and children; cost- effectiveness of a combined hearing; and whether
hearing all issues at once provides leverage for one party to affect the outcome of the
case, or increases the adversarial nature of the process. -- Court, Depamnent of
Economic Security
To the extent possible, calendar cases to ensure that the same
judge/ commissioner/ hearing officer hears a case through all phases. -- Court
Courts should impose sanctions indicated in the rules when appropriate. -- Court
52. Provide educational programming to parents about domestic relations and child support
enforcement procedures and assistance available through use of:
A. Local government cable channels ;
B. Videos - " How To" programs;
C. Satellite/ teleconference programming;
D. Other.
-- Court, Department of Economic Security
53. Develop and provide workshops for persons without legal counsel to assist them in
completing forms and educate them about the events they will encounter at all steps of
the child support process, including IV- D and non- IV- D. The workshops should be
offered at times convenient to the public, including nights and weekends. -- Court,
Department of Economic Security
54. Provide mandatory training about child support guidelines and other domestic relations
procedures and issues for domestic relations judges, commissioners, hearing officers,
Department of Economic Security staff, Office of the Attorney General's staff, and
contracting county attorneys' staff. -- Court, Department of Economic Security, Office
of the Attorney General
55. Share customer service training among all stakeholders to help workers remain neutral
and fair in their dealings with the public. -- All stakeholders
COURT RULE
9. Pilot a " one- stop shop" service center at appropriate locations ( in and out of court) to
help the public move through the domestic relations and child support enforcement
systems. The center will include:
A. Co- location of IV- D and court services;
B. A Child Support/ Domestic Relations hotline ( can be at a central location) to
provide information and referral services;
C. Use of Arizona's law school clinics to assist in providing " one- stop- shop"
services;
D. Education services such as videos about domestic relations and child support
enforcement;
E. Use of paralegals/ non- attorneys under the supervision of an attorney to provide:
- Referral and informatiofi services to direct the public to other government
offices;
- Information about available services;
- Form and document preparation services.
The Committee also discussed the appearance of non- attorneys in court. The State Bar
of Arizona is considering a rule change to authorize the limited practice of law by non-attorneys.
The Committee encourages the State Bar to continue their efforts and, based
on the results of those efforts, the Child Support Coordinating Council should further
study expanding the activities of paralegals to include representing the public in the
courtroom for certain cases. -- Court ( also Administrative, Long- Term)
23. Provide for court acceptance of electronic documents such as payment data from the
Arizona Tracking and Locate System ( ATLAS) and automated records via the Child
Support Enforcement Network ( CSNET). -- Court ( also Legislative)
48. The Supreme Court should review the requirements of Rule 26.1, Rules of Civil
Procedure, to clarify their applicability to domestic relations cases and to modify them
as necessary to properly handle discovery and disclosure in domestic relations cases. --
court
50. The Arizona Supreme Court should amend the application of Rule 42, ER 1.5D to clarify
whether attorneys can work on a contingency fee basis to collect current child support.
courr
9. Pilot a " one- stop shop" service center at appropriate locations ( in and out of court) to
help the public move though the domestic relations and child support enforcement
systems. The center will include:
A. Co- location of IV- D and court services;
B. A Child Support/ Domestic Relations hotline ( can be at a central location) to
provide information and referral services;
C. Use of Arizona's law school clinics to assist in providing " one- stop- shop"
services;
D. Education services such as videos about domestic relations and child support
enforcement;
E. Use of paralegalslnon- attorneys under the supervision of an attorney to provide:
- Referral and ihformation services to direct the public to other government
offices;
- Information about available services;
- Form and document preparation services.
The Committee also discussed the appearance of non- attorneys in court. The State Bar
of Arizona is considering a rule change to authorize the limited practice of law by non-attorneys.
The Committee encourages the State Bar to continue their efforts and, based
on the results of those efforts, the Child Support Coordinating Council should further
study expanding the activities of paralegals to include representing the public in the
courtroom for certain cases. -- Court, Depament of Economic Security, m c e of the
Attorney General ( also Administrative, Court Rule)
7 . Inform child support obligors when their child( ren) and former spouse apply for welfare
benefits and about the obligors' potential liability to the state. -- Department of Economic
Security ( also' Legislative)
8. Provide to the non- custodial parent relevant information regarding the address, social
security number, or other information about the child( ren) or custodial parent. This
information is currently considered confidential. To ensure the safety of all parties, the
information would not be released for 60 days. A showing of good cause why the
information should not be released would prohibit the release of such information. --
Department of Economic Security
42. Provide for an electronic interface with the national driver's license database used by the
Motor Vehicle Division. -- Department of Economic Security
46. Establish a pilot to examine the effectiveness of allowing a judge/ cornrnissioner/ hearing
officerlmediator to hearlmediate custody, visitation and child support issues at one time.
Establish evaluation criteria to include at a minimum, measures of: the effect on relations
among parents and children; cost- effectiveness of a combined hearing; and whether
hearing all issues at once provides leverage for one party to affect the outcome of the
case, or increases the adversarial nature of the process. -- Court, Department of
Economic Security
5 1. The Committee endorses parental education for parents going through divorce or single
parents, involved in child support, paternity or modification actions, and recommends
that a pilot project be established and evaluated. Additional research is needed to
determine :
A. The criteria for placing individuals in an education program;
B. Whether education should be voluntary or mandatory;
C. How to coordinate the programs and the service delivery among IV- D and non-
IV- D cases.
56. Begin a dialogue with primary and secondary schools to educate children about family
issues and responsibilities. The committee recommends that a group such as the
legislature, the Child Support Coordinating Council or the Parental Education Consortium
study the issue further.
APPENDIX B
RECOMMENDATIONS BY ENTITY
RESPONSIBLE FOR INITIATING ACTION
JOINT SELECT COMMITTEE ON CHILD SUPPORT ENFORCEMENT
1. Establish a Child Support Coordinating Council to provide a forum for the various child
support stakeholders to perform integrated planning, communicate more effectively,
coordinate activities, with each other and with other study committees such as the
Domestic Relations Study Committee, and make recommendations concerning child
support enforcement and related issues such as custody and visitation.
The legislature should ensure that the composition of the Council is well- balanced and
includes the necessary personnel to accomplish its goals. A suggested composition is
contained in Appendix G. -- LEGISUTNE
2. Establish a Domestic Relations Study Committee to:
A. Consolidate all domestic relations statutes in Title 25 and other related sections
of law in one section of statutes;
B. Revise and reform the domestic relations statutes to modernize them and make
substantive changes to address issues that have been raised by the Technical
Advisory Committee and other groups, as well as address additional issues that
may arise;
C. Clarify rights of grandparents in domestic relations issues.
The legislature should review and determine the relationship between the Domestic
Relations Study Committee and the Child Support Coordinating Council. --
LEGISUTNE
32. The Committee recommends that the legislature study the enforcement issues underlying
the following provisions of law to identify whether the enforcement remedies are used,
and to take appropriate steps to ensure their use:
A. Non- payment of child support;
B. Parental responsibility of grandparents for the actions of their children;
C. Interference with custody or visitation;
D. Enforcement of civil arrest warrants under the domestic relations and child
support enforcement laws.
SUPERIOR COURT IN MARICOPA COUNTY
3. Domestic relations judges, commissioners, hearing officers, and court administrators in
the Superior Court in Maricopa County, the Clerk of the Court's office, and the
Department of Economic Security should coordinate their process improvement efforts.
That will allow all the important players to identify and implement improvements to the
domestic relations and child support enforcement systems.
Subsequently, process improvement efforts should also be undertaken in other counties. -
- RDMIMSTRATNE
DEPARTMENT OF ECONOMIC SECURITY
3. Domestic relations judges, commissioners, hearing officers, and court administrators in
the Superior Court in Maricopa County, the Clerk of the Court's office, and the
Department of Economic Security should coordinate their process improvement efforts.
That will allow all the important players to identify and implement improvements to the
domestic relations and child support enforcement systems.
Subsequently, process improvement efforts should also be undertaken in other counties. - .
- RDMINISTRATIW
4. Improve effectiveness of the intake process to collect all pertinent child support
information when the applicant applies for AFDC benefits and to refer intake cases to
a special investigator or paternity specialist for further investigation when an AFDC
applicant fails to provide sufficient information. -- ADMIN7STRATIVE
5. A. Provide additional training to AFDC intake workers on how to conduct effective
intake interviews.
ADMIMSTRATNE - Department of Economic Security ( In progress)
B. Educate AFDC intake workers and AFDC applicants about the need for adequate
information in order to establish paternity or locate an absent parent, the
responsibility of applicants to cooperate in providing information and the potential
penalties for non- compliance. -- ADMIMSTRATNE
6. The Department of Economic Security should review its policies and procedures to deny
benefits to parents when an applicant does not provide pertinent child support information
without good cause. Allowable penalties should be imposed when appropriate. --
ADMIMSTRArrvE
7. Inform child support obligors when their child( ren) and former spouse apply for welfare
benefits and about the obligors' potential liability to the state. - FEDERAL
LEGISLATNE, LEGISLATNE
8. Provide to the non- custodial parent relevant information regarding the address, social
security number, or other information about the child( ren) or custodial parent. This
information is currently considered confidential. To ensure the safety of all parties, the
information would not be released for 60 days. A showing of good cause why the
information should not be released would prohibit the release of such information.
FEDERAL LEGISLATm
9. Pilot a " one- stop shop" service center at appropriate locations ( in and out of court) to
help the public move through the domestic relations and child support enforcement
systems. The center will include:
A. Co- location of IV- D and court services;
B. A Child Support/ Domestic Relations hotline ( can be at a central location) to
provide information and referral services;
C. Use of Arizona's law school clinics to assist in providing " one- stop- shop"
services;
D. Education services such as videos about domestic relations and child support
enforcement;
E. Use of paralegalslnon- attorneys under the supervision of an attorney to provide:
- Referral and information services to direct the public to other government
offices;
- Information about available services;
- Form and document preparation services.
The Committee also discussed the appearance of non- attorneys in court. The State Bar
of Arizona is considering a rule change to authorize the limited practice of law by non-attorneys.
The Committee encourages the State Bar to continue their efforts and, based
on the results of those efforts, the Child Support Coordinating Council should further
study expanding the activities of paralegals to include representing the public in the
courtroom for certain cases. -- LONG- TERM, ADMIMSTRA27W, COURT RULE
10. Simplify the state forms and instructions for domestic relations cases and child support
enforcement cases. ( In progress -- IV- D child support enforcement forms are being
simplified.) -- ADMIMSTRATm
11. Pilot a process which provides that in a IV- D case, once a voluntary agreement is
reached regarding paternitylmaternity and the chdd support obligation, an order for
custody and visitation can be immediately obtained. Currently the order of
paternitylmaternity and the child support order are established and the parties are referred
to the Courts to address custody or visitation issues. -- ADMINISTRATIVE,
ADMINISTRATNE, LEGISLATNE
12. The Department of Economic Security shall review the relative effectiveness of
establishmg paternitylmaternity by using a letter that encourages a voluntary agreement
versus using summons and complaint. -- ADMINISTRATNE
13. Implement procedures to establish paternity through voluntary acknowledgment.
A. Hospital
1. Provide that signatures of both mother and father on the birth certificate
establishes paternity. Modify Arizona birth certificates to allow signatures
of both parents.
2. Provide that if only the mother signs the birth certificate, she will receive,
while still at the hospital, a voluntary acknowledgment of paternity form
with a return envelope to the Department of Health Services ( DHS). If
DHS receives a paternity acknowledgment form with the father's notarized
signature, paternity shall be established. Create appropriate paternity
acknowledgment form.
3. Require health insurance companies to provide the mother with a paternity
acknowledgment form, and instructions for its use at the time she applies
for prenatal care. Receipt by the Department of Health Services of a
paternity acknowledgment form with the father's notarized signature, shall
establish paternity.
B. Home - Establish a procedure for the Department of Health Services to send a
voluntary acknowledgment of paternity form, and a return envelope, with birth
certificates that are sent out with only the signature of the mother. If DHS
receives a paternity acknowledgment form with the father's notarized signature,
paternity shall be established.
C. The Department of Health Services will establish and maintain a central registry
of voluntary acknowledgment of paternity forms and updated birth certificates and
allow the Department of Economic Security, the Court, and the Attorney General
access to this information. -- ADMIMSTRATNE, LEGISLATNE,
ADMIMSTRArn
14. Establish a method to rescind or vacate a voluntary agreement establishing
paternitylrnaternity by use of a mandatory blood test. -- LEGISLATNE
15. Establish statutory presumptions for establishing paternitylrnaternity through DNA or
HLA tests. Positive test results with a certain percentage of probability shall constitute
a rebuttable presumption of paternitylmaternity. -- LEGISLATNE
22. Provide non- custodial parents with a statement of payments and outstanding balances in
child support cases. The statement should be provided automatically and at no charge,
at least annually. Other statements may be provided to the non- custodial parent for a fee
upon request. -- ADMIMSTRATNE ( also Court)
Provide for court acceptance of electronic documents such as payment data from the
Arizona Tracking and Locate System ( ATLAS) and automated records via the Child
Support Enforcement Network ( CSNET) . -- LEGISLATIVE
Enact legislation to require employers to report new hires and re- hires to DCSE. --
LEGISLATIVE
Enact legislation to allow automatic wage withholding to occur without delay by
requiring employers, at the time the employment forms are completed, to inquire about
an existing child support obligation and requiring new employees to disclose such
information. Upon disclosure of a child support obligation require the employer to
immediately begin wage withholding. -- LEGISLATm
Establish a method to coordinate wage withholding when the employee has multiple
employers. -- LEGISLATNE
Enact legislation establishing a formula to assist employers in allocating child support
payments in both IV- D and non- IV- D cases when the employee has multiple wage
assignments. ( This is a federal requirement for all states.) -- LEGISLAm
Allow for use of credit cards to pay child support. Provide a record to the clerk of the
superior court and the DCSE Clearinghouse. -- ADMIMSTRATNE, LEGISLATNE
Allow for electronic fund transfers from the bank account of the non- custodial parent,
payor, or employer to the bank account of the custodial parent. Also provide for notice
of transfer to be sent to clerk of the superior court or DCSE Clearinghouse. --
ADMINISTRA TNE
When wage withholding is not possible, allow the court to order an attachment for
periodic payments of child support of funds owned or held for the benefit of, or in the
control of, the non- custodial parent. The court ordered attachment should also include
electronic transfers of funds to pay child support. -- LEGISLATNE
Pursue methods to provide private attorneys with access to locate information and
enforcement remedies used by the state, while ensuring that confidentiality remains
protected. -- ADMINISTRAm, LEGISLATm, ADMINISZWTNE
To comply with federal law and codify existing Arizona case law, enact legislation to
specifically state that child support orders are judgments by operation of law. --
LEGISLA TNE
Clarify existing procedures by amending the law to make it clear that child support
payments shall be applied first to current support owed and then, if there is any amount
remaining, to child support arrears. -- LEGISLATNE
Amend the law to reinsert language inadvertently deleted during the last legislative
session that provides that the state may file a petition for wage assignment without
verification. Because of the deleted language, Arizona Revised Statutes ( A. R. S.) 5
25.323 . O1 and § 12- 1254.01 conflict. -- LEGISLATIVE
Amend the law to conform 2 statutes that address how long child support must be paid.
One statute provides that child support shall be paid as long as the child( ren) is in high
school. The other statute provides that child support shall be paid up to age 18. See,
A. R. S. 12- 245( A), A. R. S. $ 12- 843( A) and A. R. S. 3 25- 320( C). -- LEGISLATNE
During the last legislative session, A. R. S. § 25- 327 was amended to change the time
frame for a court order modifying an existing child support order to take effect. A. R. S.
§ 25- 327 and 12- 2453 now conflict. -- LEGISLATNE
Amend the law to conform A. R. S. 25- 320, A. R. S. 12- 2451 and A. R. S. § 12- 843 to
provide that child support guidelines shall be used when establishing a child support
obligation. -- LEGISLATNE
Amend the law to clarify that the date employers should use as the date monies are
withheld from an employee's wages is the date that appears on the employee's pay check.
LEGISUTNE
Enact legislation to comply with the federal Omnibus Reconciliation Act of 1993 which
requires all states to enact laws to remove obstacles in obtaining medical coverage for
a child by prohibiting insurers from denying medical coverage on the grounds that:
A. The child was born out of wedlock,
B. The child is not claimed as a dependent on the parent's federal income tax return,
C. The child does not reside with the parent or in the insurer's service area.
When a parent fails to enroll the child, the Medicaid or IV- D agency may apply for
enrollment for the child. Employers would be required, if necessary, to withhold the
employee share ( if any) of health insurance premiums and pay them to the insurer. --
LEGISLATNE
Work with the business community to establish a plan to provide limited, key locate
information by magnetic tape or, where appropriate, by electronic interface between
DCSE and utility companies, insurance companies, financial institutions, and cable
television companies. All information exchanged shall be purged from DCSE records
after a specific period of time. Work with the business community to enact any
legislation required by the plan. -- LEGISLATIVE
Provide for an electronic interface with the national driver's license database used by the
Motor Vehicle Division. -- FEDERAL LEGISLATIVE
43. Provide for government entities to use a social security number on state licensing
documents. Enact legislation to require state licensing agencies to request social security
numbers from applicants. Maintain federal confidentiality procedures and limitations to
protect information. -- LEGISLATIE
44. Develop electronic interfaces with state and federal agencies that can best provide
information about employment status and location. -- LEGISLATNE
46. Establish a pilot to examine the effectiveness of allowing a judge/ commissioner/ hearing
officerimediator to hearimediate custody, visitation and child support issues at one time.
Establish evaluation criteria to include at a minimum, measures of: the effect on relations
among parents and children; cost- effectiveness of a combined hearing; and whether
hearing all issues at once provides leverage for one party to affect the outcome of the
case, or increases the adversarial nature of the process. -- FEDERAL WANER,
ADMIMSrn TNE
52. Provide educational programming to parents about domestic relations and child support
enforcement procedures and assistance available through use of:
A. Local government cable channels ;
B. Videos - " How To" programs;
C. Satellite/ teleconference programming;
D. Other.
53. Develop and provide workshops for persons without legal counsel to assist them in
completing forms and educate them about the events they will encounter at all steps of
the child support process, including IV- D and non- IV- D. The workshops should be
offered at times convenient to the public, including nights and weekends. --
ADMIMSTRATNE
54. Provide mandatory training about child support guidelines and other domestic relations
procedures and issues for domestic relations judges, commissioners, hearing officers,
Department of Economic Security staff, Office of the Attorney General's staff, and
contracting county attorneys' staff. -- A D M I N I S ~ l 7 W
COURT
9. Pilot a " one- stop shop" service center at appropriate locations ( in and out of court) to
help the public move through the domestic relations and child support enforcement
systems. The center will include:
A. Co- location of IV- D and court services;
B. A Child SuppodDomestic Relations hotline ( can be at a central location) to
provide information and referral services;
C. Use of Arizona's law school clinics to assist in providing " one- stop- shop"
services;
D. Education services such as videos about domestic relations and child support
enforcement;
E. Use of paralegalslnon- attorneys under the supervision of an attorney to provide:
- Referral and information services to direct the public to other government
offices;
- Information about available services;
- Form and document preparation services.
The Committee also discussed the appearance of non- attorneys in court. The State Bar
of Arizona is considering a rule change to authorize the limited practice of law by non-attorneys.
The Committee encourages the State Bar to continue their efforts and, based
on the results of those efforts, the Child Support Coordinating Council should further
study expanding the activities of paralegals to include representing the public in the
courtroom for certain cases. -- LONG- TERM, ADMINISmTNE, COURT RULE
10. Simplify the state forms and instructions for domestic relations cases and child support
enforcement cases. ( In progress -- IV- D child support enforcement forms are being
simplified.) -- ADMIMSTRATNE
11. Pilot a process which provides that in a IV- D case, once a voluntary agreement is
reached regarding paternitylmaternity and the child support obligation, an order for
custody and visitation can be immediately obtained. Currently the order of
paternity/ maternity and the child support order are established and the parties are referred
to the Courts to address custody or visitation issues. -- ADMIMSTRATTW,
LEGISLATNE
13. Implement procedures to establish paternity through voluntary acknowledgment.
A. Hospital
1. Provide that signatures of both mother and father on the birth certificate
establishes paternity. Modify Arizona birth certificates to allow signatures
of both parents.
2. Provide that if only the mother signs the birth certificate, she will receive,
while still at the hospital, a voluntary acknowledgment of paternity form
with a return envelope to the Department of Health Services ( DHS). If
DHS receives a paternity acknowledgment form with the father's notarized
signature, paternity shall be established. Create appropriate paternity
acknowledgment form.
3. Require health insurance companies to provide the mother with a paternity
acknowledgment form, and instructions for its use at the time she applies
for prenatal care. Receipt by the Department of Health Services of a
paternity acknowledgment form with the father's notarized signature, shall
establish paternity.
B. Home - Establish a procedure for the Department of Health Services to send a
voluntary acknowledgment of paternity form, and a retyrn envelope, with birth
certificates that are sent out with only the signature of the mother. If DHS
receives a paternity acknowledgment form with the father's notarized signature,
paternity shall be established.
C. The Department of Health Services will establish and maintain a central registry
of voluntary acknowledgment of paternity forms and updated birth certificates and
allow the Department of Economic Security, the Court, and the Attorney General
access to this information. -- ADMINISITRATNE, LEGISLATM,
ADMIMSITRArn
16. Modify child support forms to incorporate a second residence adjustment in child support
cases. -- ADMINISITRATNE
17. Train judges, commissioners, hearing officers, and others involved in handling domestic
relations matters on what is and is not included in the child support payment schedules,
and how to use child support guidelines and calculate adjustments and deviations,
including:
A. Apportionment of child support based on the time the child spends with each
parent;
B. Uniform application of the child support guidelines.
18. Simplify the instructions and worksheet for the child support guidelines. Use technology
to simplify child support calculations. -- ADMINISTRATIVE
19. Create a statewide fmncial affidavit form for modifications that will automatically be
shared between the parties. -- ADMIMSTRATNE
20. Develop software to calculate modifications in routine cases for persons without legal
counsel. -- ADMINISTRATM
21. Establish a system that compels exchange of information between parties prior to the
modification hearing. The system will include:
A. A color- coded checklist of documents to bring to hearings.
The system may include:
B. A pre- hearing phone call to parties to ensure all documents are provided,
C . Other screening processes,
D. A clear explanation of the possible sanctions for non- compliance, including that
the scheduled hearing time will be vacated if all of the required paperwork is not
complete, and interim financial sanctions may be imposed.
22. Provide non- custodial parents with a statement of payments and outstanding balances in
child support cases. The statement should be provided automatically and at no charge,
at least annually. Other statements may be provided to the non- custodial parent for a fee
upon request. -- ADMIN7STRATNE
23. Provide for court acceptance of electronic documents such as payment data from the
Arizona Tracking and Locate System ( ATLAS) and automated records via the Child
Support Enforcement Network ( CSNET) . -- LEGISLA=
28. Allow for use of credit cards to pay child support. Provide a record to the clerk of the
superior court and the DCSE Clearinghouse. -- ADMINISTRAITVE, LEGISLATIVE
Allow for electronic fund transfers from the bank account of the non- custodial parent,
payor, or employer to the bank account of the custodial parent. Also provide for notice
of transfer to be sent to clerk of the superior court or DCSE Clearinghouse. --
ADMINISlTRATNE
Pursue methods to provide private attorneys with access to locate information and
enforcement remedies used by the state, while ensuring that confidentiality remains
protected. -- ADMIMSTRATIVE, LEGISUTm, ADMIMSTRATm
To the extent possible set modification hearings in blocks rather than 5: - : each case
individually. -- ADMINISTRATNE
Establish a pilot to examine the effectiveness of allowing a judge/ commissioner/ hearing
officerlmediator to hearlmediate custody, visitation and child support issues at one time.
Establish evaluation criteria to include at a minimum, measures of: the effect on relations
among parents and children; cost- effectiveness of a combined hearing; and whether
hearing all issues at once provides leverage for one party to affect the outcome of the
case, or increases the adversarial nature of the process. -- FEDERAL WRNER,
ADMIMSTRATNE
To the extent possible, calendar cases to ensure that the same judge/ com-missionerlhearing
officer hears a case through all phases. -- RDMINISTRATNE - Court
The Supreme Court should review the requirements of Rule 26.1, Rules of Civil
Procedure, to clarify their applicability to domestic relations cases and to modify them
as necessary to properly handle discovery and disclosure in domestic relations cases. --
COURT RULE
Courts should impose sanctions indicated in the rules when appropriate. --
ADMIMSTRATNE
The Arizona Supreme Court should amend the application of Rule 42, ER 1.5D to clarify
whether attorneys can work on a contingency fee basis to collect current child support.
COURT RULE
Provide educational programming to parents about domestic relations and child support
enforcement procedures and assistance available through use of:
A. Local government cable channels ;
B. Videos - " How To" programs;
C. Satellite/ teleconference programming;
D. Other.
53. Develop and provide workshops for persons without legal counsel to assist them in
completing forms and educate them about the events they will encounter at all steps of
the child support process, including IV- D and non- IV- D. The workshops should be
offered at times convenient to the public, including nights and weekends. --
ADMINISTRATNE
54. Provide mandatory training about child support guidelines and other domestic relations
procedures and issues for domestic relations judges, commissioners, hearing officers,
Department of Economic Security staff, Office of the Attorney General's staff, and
contracting county attorneys' staff. -- ADMINISTRATNE
57. Streamline the procedure by collecting the fee annually from the custodial and non-custodial
parent in equal amounts. The custodial parent may pay the fee as a deduction
from one month's child support payment. The non- custodial parent may pay the fee as
a deduction from one month's wages. The request for payment of the fee shall be made
via automated request letters. -- LEGISLATNE
OFFICE OF THE ATTORNEY GENERAL
9. Pilot a " one- stop shop" service center at appropriate locations ( in and out of court) to
help the public move through the domestic relations and child support enforcement
systems. The center will include:
A. Co- location of IV- D and court services;
B. A Child Support/ Domestic Relations hotline ( can be at a central location) to
provide information and referral services;
C. Use of Arizona's law school clinics to assist in providing " one- stop- shop"
services;
D. Education services such as videos about domestic relations and child support
enforcement:
E. Use of paralegalslnon- attorneys under the supervision of an attorney to provide:
- Referral and information services to direct the public to other government
offices;
- Information about available services;
- Form and document preparation services.
The Committee also discussed the appearance of non- attorneys in court. The State Bar
of Arizona is considering a rule change to authorize the limited practice of law by non-attorneys.
The Committee encourages the State Bar to continue their efforts and, based
on the results of those efforts, the Child Support Coordinating Council should further
study expanding the activities of paralegals to include representing the public in the
courtroom for certain cases. -- LONG- TERM, ADMINISTRAlTE, COURT RULE
12. The Department of Economic Security shall review the relative effectiveness of
establishing paternitylmaternity by using a letter that encourages a voluntary agreement
versus using summons and complaint. -- ADMIMSTRATNE
54. Provide mandatory training about child support guidelines and other domestic relations
procedures and issues for domestic relations judges, commissioners, hearing officers,
Department of Economic Security staff,