Legislature(1995 - 1996)
04/24/1995 01:36 PM Senate JUD
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* first hearing in first committee of referral
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SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT
ART PETERSON, of the law firm Dylan & Findley, testified in his
role as a Uniform Law Commissioner for Alaska. SB 115 represents
the Uniform Interstate Family Support Act (UIFSA), promulgated by
the National Conference of Commissioners on Uniform State Laws
(NCCUSL) to replace the Uniform Reciprocal Enforcement of Support
Act (URESA), also promulgated by the NCCUSL. In several decades of
experience with URESA, enacted by all jurisdictions, numerous
problems arose; the most significant being the problem of multiple
jurisdiction and multiple court orders. Multiple court orders can
conflict with each other, cause confusion for both the obligee and
obligor, prevent the child from receiving the appropriate amount of
support, and cause confusion in the administrative agencies and
courts. SB 115 resolves those problems by providing for the
avoidance of multiple court orders. SB 115 was created in 1992,
after a several year study by NCCUSL. It has already been adopted
by 21 states and has been introduced in several other states this
year. This legislation is anticipated to eventually replace URESA
in all jurisdictions.
Number 518
SENATOR ADAMS stated the Attorney General's Office is interested in
deleting the reference to the Alaska Rule of Administration 9. He
asked Mr. Peterson's position on that deletion.
MR. PETERSON responded he would support the deletion. He noted the
bill title would need to be amended, as well as Section 6 on page
26. He stated the Supreme Court voted to adopt that Rule change,
therefore its inclusion is unnecessary.
Number 530
MARILYN MAY, Assistant Attorney General, concurred with Mr.
Peterson's description of the amendment. She verified the Rule
change was made by the Supreme Court.
SENATOR TAYLOR asked how SB 115 would impact a divorced couple
whose support order was issued in Alaska, but have since moved at
separate times to Oregon. MS. MAY stated UIFSA provides a method
for determining which state has continuing exclusive jurisdiction,
and it is only that state that has the power to modify an existing
support order. In the scenario described, the Alaska order would
remain in effect until one of the parties requested a modification
of the order. That could occur in Oregon, because under UIFSA that
would most likely be the state with exclusive jurisdiction. Either
party could make the request of the Oregon tribunal.
SENATOR TAYLOR asked if that is existing law. MS. MAY stated under
existing law it is possible there could be two separate orders.
The Alaska order would remain in effect but a new order might be
established in Oregon. If one of the parties moved back to Alaska,
Alaska could collect on its order, which could differ from the
amount on the Oregon order. Currently under URESA, there can be
two orders of differing amounts. The law provides that a person
cannot double collect, however there is often argument about which
amount is to be collected. Under UIFSA, if a party requested
Oregon to modify the Alaska order, it would be modified and the
Alaska order would no longer be effective.
Number 564
SENATOR GREEN asked if ample provision exists for everyone to be
represented in court, or at all levels of the hearing process so
that there are no surprises. MS. MAY commented that UIFSA is more
clear than URESA in that way, and provides a specific right to be
represented by an attorney. It allows states to establish or
modify orders administratively if allowable under state law.
GLENDA STRAUBE, Director of the Child Support Enforcement Division
(CSED), stated the most important part of SB 115 is the elimination
of the multiple order system which is a nationwide problem. The
most difficult collection cases for CSED are the interstate cases,
which comprise 44 percent of the caseload. If SB 115 is enacted,
CSED estimates additional collections of $340,000 per year for the
state share of the AFDC reimbursement, and about $680,000 in direct
payments to children in non-AFDC cases. CSED does not anticipate
any additional operating expenditures. The bill standardizes forms
across state lines and allows direct income withholding.
STUART HALL, Ombudsman, emphasized that enactment of SB 115 will
assist many who sought the Ombudsman's help with CSED. In FY 94
and 95 to date, the Ombudsman's Office has assisted almost 1700
individuals with complaints against CSED, many of whom were
custodial parents who depend on CSED to collect support from an
out-of-state parent. A large number of those complaints came from
single parents concerned about the slow pace of case establishment
and child support collection. SB 115 will streamline the
establishment process and prompt speedier collections, and would
help reduce the Ombudsman's caseload. The bill will allow an
Alaska order to be taken to another state, and to obtain payments
directly from employers.
Number 577
SENATOR TAYLOR questioned the number of the Ombudsman's cases
related to CSED. MR. HALL responded approximately two-thirds of
their cases involve CSED. He has discussed those complaints with
Ms. Straube and Commissioner Condon. SB 115 would significantly
streamline the process and reduce the level of clientele
frustration.
SENATOR TAYLOR asked if the frustration stems from the fact that
CSED decides which order will be enforced when multiple orders
exist. MR. HALL stated he was unqualified to answer that question,
but repeated that the frustration stems from the fact that multiple
orders exist.
MR. PETERSON noted that Senator Taylor was correct, and added that
SB 115 would streamline the process by providing for agency
enforcement of the orders, simplify the process, eliminate some of
the court backlog, and thereby minimize delays. When multiple
court orders are challenged, a lengthy procedure takes place, and
the courts have to resolve the issue. Under UIFSA, that problem
will be eliminated, therefore subsequent handling of the order will
be simplified.
Number 554
SENATOR TAYLOR spoke of the high transient population in Alaska,
and attributed the large number of out-of-state cases to that fact.
He thought the State of Alaska was handling a lot of enforcement
cases for people living elsewhere, instead of the state agency
where the client resides. He cited previous testimony from CSED,
in which the fact that Alaska was opting to go with the most
expensive of the multiple orders without justification, was
disclosed. He was concerned that policy be curtailed.
SENATOR TAYLOR also discussed the fact the legislature needs to
eventually make a policy call on the Aid to Families with Dependent
Children (AFDC) program when both divorced parents have been judged
to be competent parents but custody is awarded to one parent. When
the custodial parent chooses to go on AFDC for six months, he
believes the CSED should issue an automatic petition to move those
children to the other parent who is willing to support them and has
a job.
Number 535
MS. STRAUBE replied CSED has no legal jurisdiction over custody or
visitation rights. SENATOR TAYLOR spoke about the effect of the
layoff in Wrangell on his constituents, and that most of those
paying child support probably cannot afford to hire an attorney to
request a reduction in payments. MS. STRAUBE explained if the
support order was administratively established, a person can
directly request a modification, at no cost. SENATOR TAYLOR asked
if out-of-state orders can be modified directly by CSED. MS.
STRAUBE responded they cannot.
SENATOR GREEN asked for clarification of the modification process.
MS. STRAUBE replied CSED can modify administrative orders directly,
and if, after reviewing financial records, the modification is
approved, a change of 15 percent is made.
TAPE 95-25, SIDE B
SENATOR TAYLOR asked if CSED modifies payments if the support order
is a court order, and the recipient requests an increase based on
an increase in the obligor's income. MS. MAY responded that only
the court can change a court order. The CSED can provide forms,
but the parent must appear in court.
SENATOR TAYLOR asked Ms. May to work with committee staff to draft
language to delete the reference to the Alaska Rule of
Administration 9, as requested by Senator Adams. She agreed to do
so. He announced a proposed committee substitute would be brought
before the committee at the next meeting.
SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT
SENATOR TAYLOR brought SB 115 back before the committee. SENATOR
ADAMS moved to adopt Amendment #1 as follows.
Page 1, line 3, delete: "amending Alaska Rule of
Administration 9;"
Page 26, lines 13-15, delete Section 6
Page 26, lines 19-21 should read:
Sec. 8. AS 25.25.313(c), added by sec. 3 of this Act, take
effect January 1, 1996 only if AS 25.25.313(c) receives the
two-thirds majority of each house required by art. IV, sec.
15, Constitution of the State of Alaska.
SENATOR ADAMS noted the Department did not contest any of the
changes when discussed in the House.
There being no objection to the adoption of the amendment, the
motion carried.
SENATOR ADAMS moved SB 115 as amended from the Judiciary Committee
with individual recommendations. There being no objection, the
motion carried.
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