L. R. Prac. Sup. Ct. 6.14
L. R. Prac. Sup. Ct. 6.14
HISTORICAL NOTES
The expired rule, which provided a plan for expedited process, was added Oct. 11, 2002, effective Dec. 1, 2002, effective until Dec. 1, 2003, was extended June 9, 2003, until April 1, 2004; Jan. 26, 2004, until Oct. 31, 2004; Oct. 8, 2004, until June 30, 2005; and June 6, 2005, until Jan. 31, 2006. Prior to its expiration, the rule had read:
"A. Purpose.
"This is the Plan for Expedited Process (Plan) as required by A.R.S. § 25-326, Laws 1987, Chapter 211, § 11, and A.R.S. § 25-412 (formerly A. R.S. § 25-340 ). The purpose of this Plan is to:
"1. Implement the provisions of Arizona law, particularly A.R.S. § 25-326 on expeditious handling of court cases;
"2. Comply with Federal Title IV-D requirements; and,
"3. Implement the operations of Expedited Services available to litigants in the Family Court Department of the Superior Court in Maricopa County.
"This Plan applies to the following types of Family Court cases:
"1. All Title IV-D cases, including but not limited to, establishment of paternity, support, enforcement, and modification cases;
"2. All Expedited Services cases (both IV-D and non IV-D) regarding enforcement of child and spousal support, custody, or parenting time (visitation);
"3. All child support establishment and modification cases handled by or referred to Expedited Services, and voluntary paternity when stipulated by the parties.
"This Plan does not apply to other cases filed in the Superior Court in Maricopa County.
"B. Definitions.
"Conference: an alternative dispute resolution proceeding conducted by an Expedited Services conference officer to obtain information and/or agreements related to support (including spousal maintenance), custody and parenting time issues and, ultimately, to make recommendations to the court regarding those issues.
"Conference Officer: an employee of Expedited Services in the Family Support Center appointed by the Presiding Judge or his or her designee, pursuant to A.R.S. §§ 12-412 and 414, Rule 53, Arizona Rules of Civil Procedure, and Maricopa County Local Rule 6.9.
"Court Commissioner: a person appointed pursuant to Ariz. Const. Art. VI, § 24 and A.R.S. § 12-213 by the Presiding Judge of a county with powers described in A.R.S. §§ 12-213 and Rule 6 of the Rules of the Supreme Court.
"Disposition: entry of an appealable or final order in a case.
"Enforcement Case: an action or proceeding to compel a party to comply with orders, injunctions, decrees, and judgments of the court, and to enter orders and judgments accordingly.
"Enforcement Order: an order determining whether to compel payment of support including the granting of a judgment, where appropriate, and including enforcement of an order for custody and/or parenting time (visitation), where appropriate. The order may include any remedy deemed just and proper by the court, including but not limited to a finding of contempt, incarceration for contempt, reporting job searches, license suspension, selling property, assigning income, turning property over to obligee, referral for education, counseling, and/or therapy, supervision of parenting time (visitation), substance abuse test monitoring, or any other alternative remedy as expressed in this Plan or otherwise allowed by law.
"Establishment Case: an action or proceeding to determine responsibility to pay support, and to order the party or parties to pay a specific amount of support, applying the Arizona Child Support Guidelines.
"Establishment Order: an order determining whether support shall be paid and the amount of support to be paid. The order may be a temporary order. When a support establishment order is entered, an order of assignment shall also be issued. An establishment order may also include an enforcement and modification order if pleaded or stipulated.
"Expedited Services: a unit within the Family Support Center of the Maricopa County Clerk of the Superior Court.
"Hearing: appearance conducted before a judge or commissioner to receive evidence and make findings, recommendations and/or orders relating to support, custody or parenting time.
"Interim Order or Judgment: an order issued by a judge or commissioner after reviewing the conference officer's report and recommendations. The parties have 25 days from the date the order is filed by the Clerk of the Superior Court to review and object to the interim order before it becomes a final judgment or order.
"IV-D Agency: a public agency administering a support enforcement program under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et. seq.
"IV-D Case: a case brought by a IV-D agency or a IV-D participant to establish paternity, to establish, enforce or modify support or to enforce spousal support, where appropriate.
"IV-D Participant: an individual who is a party to a Title IV-D case, but excluding the IV-D agency.
"Maternity Case: an action to determine the mother of a child or children born out of wedlock.
"Modification Case: an action or proceeding seeking a change in the support order, whether pursuant to standard court practice or pursuant to Rule 6.9 of the Local Rules of the Superior Court in Maricopa County, or the simplified modification procedure described in the Arizona Child Support Guidelines.
"Modification Order: an order determining whether the amount to be paid pursuant to an order of support shall be changed. When a modification order changes an earlier support order, an order of assignment shall also be issued, except if this amount is zero. A modification order may also include an establishment and enforcement order, if pleaded or stipulated.
"Non-IV-D Case: a case that is not brought by a IV-D agency or a IV-D participant to establish paternity, to establish, enforce or modify support or to enforce spousal support. These cases are also referred to as "private cases."
"Obligee: a person or agency entitled, by a court or administrative order, to receive support from the obligor.
"Obligor: a person ordered, by a court or administrative order, to make support payments.
"Order to Appear: an order setting the date, time, and place a party is to appear in court or conference. The order may be signed by a court commissioner, judge, or person designated by administrative order. An order to appear has the same force and effect as an order to show cause.
"Order of Assignment: an order from the court directing that deductions be taken from wages or other income to pay current or past-due support or spousal maintenance.
"Parenting Time Order: an order of the court pursuant to which parents (or others ordered to have custody or control of a child or children under Arizona law) are required to allow appropriate access to the child(ren), according to the best interests of the child(ren). This is also known as "visitation."
"Paternity Case: an action to determine the father of a child or children born out of wedlock.
"Paternity Order: an order which establishes the father of a particular child or children.
"Private Case: any support establishment, paternity, enforcement or modification case that is not brought by a IV-D agency or a IV-D participant. These cases are also referred to as "non- IV-D cases."
"Support: the provision of maintenance or subsistence, including medical insurance coverage and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. For purposes of this Plan, support may also include spousal maintenance.
"Temporary Order: an order for support, custody, or parenting time (visitation) entered by a judge or commissioner, or an administrative agency with authority to do so, which is not a final appealable order in the case, and which is intended to be reviewed to determine if the order continues to be appropriate or should be changed.
"C. Appointment.
"1. Judges and Commissioners.
"The Presiding Judge shall appoint a judge or court commissioner to hear all matters related to IV-D and private cases (non-IV-D).
"2. Conference Officers.
"The presiding judge or his/her designee may appoint a conference officer tx x o hold a conference and make recommendations for disposition in both IV-D and private cases (non-IV-D) to establish, enforce or modify support, and/or to enforce custody and/or parenting time (visitation). The conference officer is neutral and does not represent or advocate for either party. Except as provided below, written qualifications for the conference officer shall be established and on file with the Human Resources Department of Maricopa County which shall include an obligation to abide by the Code of Judicial Conduct. A minimum of a bachelor's degree is required. This plan grandfathers in any conference officers who are so employed as of the effective date of this plan. The conference officer shall also be required to attend 40 hours of basic mediation training within 6 months of his or her hire date.
"D. Time Frames.
"1. Applicable Time Frames for IV-D Cases Only
"All paternity and support order establishment matters brought by a IV-D agency must be completed from the time of service of process to the time of disposition within the following time frames: 75% in 6 months and 90% in 12 months, but cases are deemed completed within the 6 month requirement if jurisdiction is "long arm" and disposition occurs within 12 months of service of process. (45 C.F.R. Sec. § 303.101).
"2. Applicable Time Frames For All Other Cases under This Plan
"Except as provided in section D-1 above, all other cases covered under this Plan shall be completed according to the standards established for case flow processing as set by the Superior Court of Arizona in Maricopa County, Family Court Department and A.R.S. § 25-414 ("parenting time" only).
"3. Service of Process
"a. Establishment Cases: In all IV-D and all private ( non-IV-D) establishment cases, the non-requesting party shall be served with a Summons or an Order to Appear at least three (3) business days prior to the date of the hearing or conference unless the filing is pursuant to § 25-502. In an establishment process pursuant to § 25-502, the party who does not request the establishment shall be served with a copy of the request to establish, a proposed order and a completed parent worksheet. If that party objects, the objecting party shall file a request for hearing, and provide copies to other parties including the IV-D agency if it is a title IV-D case. The court and/or filing party shall notify the parties by mail or otherwise of the date, time and place for the court appearance.
"b. Enforcement Cases: In all IV-D and all private (non-IV-D) enforcement proceedings by expedited process regarding support, custody, or parenting time (visitation), the non-petitioning or non-requesting party shall be served with a copy of the Request to Enforce and Order to Appear at least three (3) business days prior to the date of the hearing or conference.
"c. Modification Cases: In a Simplified Modification proceeding under the Arizona Child Support Guidelines, the party who does not request the modification shall be served with a copy of the Request for Modification, and a completed Parent Worksheet. If that party objects, the objecting party shall file a Request for Hearing and completed Parent Worksheet, and provide copies to other parties including the IV-D agency if it is a Title IV-D case. The court and/or filing party shall notify the parties by mail or otherwise of the date, time and place for the court appearance.
"d. Voluntary Paternity: This type of proceeding does not require service.
"4. Continuances: No continuance shall be granted except for good cause, which must be set forth in the record. When a judge or commissioner grants a continuance in a IV-D case, he or she shall consider the time frames set forth in Section D-1 in this Plan.
"5. Entry of Order: When entered, the order shall be in writing and shall state the outcome of the case, including paternity findings, any amounts established as support, and any enforcement remedies ordered. The party who requested the order should provide copies to all parties.
"6. Retention of Expedited Services' Working File: The retention of the working file including the audio tape in Expedited Services is set forth in the Family Support Center's retention policy.
"E. Procedures.
"1. Initiation of Case: In all cases covered by this Plan, each request to establish support and request for enforcement shall be accompanied by an Order to Appear, except that a case to establish paternity shall proceed by complaint and summons. A request for Expedited Services enforcement pursuant to expedited process, a request to adjust or terminate an order of assignment pursuant to A.R.S. § 25-504, and a request to establish support pursuant to A.R.S. § 25-502 are initiated by a request and do not need to be accompanied by an Order to Appear. A petition to modify support may be accompanied by an Order to Show Cause or an Order to Appear. For the simplified modification process, parties shall follow the process prescribed by the Arizona Child Support Guidelines.
"2. Order to Appear: An Order to Appear, may be issued by a court commissioner, judge, or special commissioner appointed by the court. An Order to Appear shall be submitted for signature simultaneously with the initial filing of the request. The Order to Appear shall include an order that parties being served bring with them the documents listed below in Section E-6 this Plan.
"3. Service of Process: Service of process, whether by summons and complaint, or by Petition or Request and Order to Appear, shall be completed as ordered by the court or otherwise in accordance with applicable law. An Order to Appear shall be quashed or the hearing or conference may be postponed if it is not served within the time required prior to the hearing or conference. Service shall be made pursuant to Rule 4.1 or 4.2 or Rule 5, Arizona Rules of Civil Procedure.
"4. Answer or Response, and Defaults: A written response or answer to an Order to Appear need not be filed, except that a party who objects to a Request for Modification of Support filed pursuant to the Arizona Child Support Guidelines, a request to adjust or terminate an order of assignment pursuant to A.R.S. § 25-504, and a request to establish support pursuant to A.R.S. § 25-502 must file a written request for hearing on the matter. A party who has been served with a request for Expedited Services enforcement for either support, custody or parenting time (visitation) has 11 days to file for enforcement of the alternate issue.
"A party may answer or respond to a complaint and summons regarding paternity according to Arizona law. In compliance with Federal law in paternity cases, the court may order default against a non-cooperating party. Pursuant to A.R.S. § 25-813, the court may order a default against a party who fails to appear or answer or who has been ordered to submit to genetic or blood testing and fails to appear without good cause for the appointment to take the test or fails to take a blood or genetic test.
"5. Conduct of Conferences under this Plan: The conference officer shall swear in or administer an oath to the parties and thereafter conduct the proceedings in an informal manner, giving all parties a full opportunity to present their positions. The conference officer will record the proceedings by audiotape or court reporter. If a party is represented by an attorney, the attorney may be present at the conference.
"a. Witnesses: If there is a request to present witnesses, the conference officer will either allow the witnesses to testify or refer the matter to the assigned judge or commissioner for a hearing.
"b. Exhibits: Documents presented at the conference will be reviewed by the conference officer and placed in the expedited services nonpublic working file and maintained in the file until the time frame of the objection period has expired. These documents will not be marked as exhibits and will not be part of the court's file. In the event of an objection, the documents will be provided to the court upon request.
"c. Stipulation and Order: If the parties are in agreement on issues raised during the conference, the conference officer shall complete a stipulation for signature by the parties and/or their attorneys. The conference officer shall also complete an order that will be forwarded to the judge or commissioner for signature along with a copy of the filed stipulation.
"d. Recommendation of Conference Officer: If the parties are unable to reach a full agreement on all issues, the conference officer may recommend a disposition to the assigned judge or commissioner, continue the conference for good cause, or decline to proceed due to complexity of legal or factual issues and refer the matter to the assigned judge or commissioner for further action. The conference officer may also recommend that the judge or commissioner hold an evidentiary hearing. The conference officer shall advise the parties of their right to object to the conference officer's recommendation and to have a hearing upon request before a judge or commissioner concerning an objection.
"(1) Establishment, enforcement or modification of support: At the conclusion of a conference before a conference officer related to establishment, enforcement or modification of support, the conference officer shall submit a report and recommendation for disposition of the case to the assigned judge or commissioner. The report shall include, as appropriate, any or all of the following: the agreements between the parties, recommendations concerning arrearages and/or modification, assessments of circumstances concerning payment of present support.
"(2) Enforcement of custody and/or parenting time (visitation): At the conclusion of a conference before a conference officer related to enforcement of custody and/or parenting time (visitation), the conference officer may recommend any or all of the following: setting the case for evidentiary hearing; entering an order based on agreement of the parties; ordering specific relief; scheduling the case for a review hearing; referring the matter to case supervision which may include counseling, substance abuse test monitoring, supervised parenting time, or supervised exchange of the child(ren) or other appropriate programs; appointing a volunteer who is approved by all parties to supervise parenting time; referring the matter to a local social service agency to exercise continuing supervision of custody and/or parenting time terms, pending an evidentiary hearing; or ordering any other relief as appropriate (i.e. parent/child alienation education).
"(3) Voluntary Paternity: at the conclusion of the conference, the conference officer shall sign the order of paternity, file the request and the order of paternity and route the original documents to the court file. A copy of the request and the order shall accompany the stipulation and order or recommendation.
"e. Decision by judge or commissioner: The judge or commissioner, upon receipt of a report and recommendation of a conference officer, may make determinations as to law and as to the findings of fact as follows:
"(1) Approve the recommendation and adopt it as an interim order of the court subject to either party objecting and/or requesting a hearing within 25 days from the date the order is filed by the Clerk of the Superior Court;
"(2) Modify the recommendation, and adopt the modified recommendation as an interim order of the court subject to either party objecting and/or requesting a hearing within 25 days from the date the order is filed by the Clerk of the Superior Court;
"(3) Reject the recommendation in whole or in part and affirm the current order subject to either party objecting and/or requesting a hearing within 25 days from the date the order is filed by the Clerk of the Superior Court;
"(4) Set a de novo hearing on the assigned judge's or commissioner's calendar.
"f. Objection to Interim Order or Affirmation of Existing Order: An objection to a recommendation of a conference officer shall be filed no later than 25 days from the date the order is filed by the Clerk of the Superior Court. A party who objects shall clearly state in writing the objection to the recommendation, the basis for the objection, a proposed solution, and whether a hearing is requested. The party shall file the original objection with the Clerk of the Superior Court and timely provide copies to the other party or parties to the action, to the assigned judge or commissioner, to the conference officer, and in IV-D cases, to the Attorney General's office. The judge or commissioner shall review the objection and shall set a hearing if requested. If no hearing is requested, the judge or commissioner may rule on the objection without further hearing.
"g. Sanctions and Defaults: The court may assess sanctions against a party who objects to a recommendation or requests a hearing if the judge or commissioner finds that the objection(s) or request was made without reasonable belief in the merit of the grounds for the objection(s) or request, for the purpose of delay, or without other good cause. If the person upon whom an Order to Appear is served does not appear at the scheduled hearing or conference, a civil arrest warrant or a child support arrest warrant, as appropriate, may be issued, and/or a default judgment may be entered.
"h. Appeal Time Frame: The appeal time frame begins when the interim order becomes a final, appealable order after the objection period if there has been no objection; or, if there has been an objection, following the court's ruling on the objection when a final, appealable order has been issued.
"i. Exceptions: An expedited services conference does not apply to proceedings for which a hearing is required by statute, including denial of parenting time, license suspension, UCCJEA, or custody establishment and/or modifications, unless the hearing is waived.
"6. Documents Required:
The Order to Appear may direct both parties to bring to the hearing or conference certain financial information which should include, but is not limited to:
"a. For Support Establishment Proceedings and Support Modification Proceedings, Including Simplified Modification Proceedings:
"(1) Worksheet: a completed Child Support Parent's Worksheet
"(2) Tax Returns: copies of federal and state income tax returns (personal, partnership, and corporate), as well as schedules, attachments, W-2's and 1099's for the past two years
"(3) Recent income: copies of pay stubs or statement of earnings for the past six months
"(4) Proof of government benefits: copies of the most recent statements reflecting the amount of any benefits received such as Social Security, SSI, AFDC, TANF (formerly AFDC), unemployment compensation, worker' s compensation, trust income, retirement benefits and the like
"(5) Support of others ordered by court: proof of actually paid court-ordered child support for child(ren) other than the child(ren) in this case, for example, payment histories or the amount contributed by the custodial parent
"(6) Support of others not ordered by court: proof of costs of support of natural or adopted child(ren) for whom there is no court order requiring the parent to support them
"(7) Spousal maintenance: proof of actually paid court- ordered spousal maintenance
"(8) Medical insurance: proof of medical insurance premium actually paid by the parent (for the children involved in this case only)
"(9) Proof of education costs: proof of reasonable and necessary expenses for attending private or special schools or necessary expenses to meet particular educational needs (for the children involved in this case only)
"(10) Child care: proof of actual child care costs (for the children involved in this case only)
"(11) Children with extraordinary needs: proof of costs for extraordinary child(ren) (gifted, handicapped or special needs not specified within the Arizona child support guidelines) for the child(ren) involved in this case only
"(12) Social security numbers: child(ren)'s and parents' social security number(s)
"b. For Support Enforcement Proceedings:
"(1) Financial Affidavit of Income and Expenses: completed
"(2) Tax returns: copies of federal and state income tax returns (personal, partnership, and corporate), as well as schedules, attachments, W-2's and 1099's for the past two years
"(3) Recent income: copies of pay stubs or statement of earnings for the past six months
"(4) Proof of government benefits: copies of the most recent statements reflecting the amount of any benefits received such as Social Security, SSI, AFDC, TANF (formerly AFDC), unemployment compensation, worker' s compensation, trust income, retirement benefits and the like
"(5) Proof of accounts: statements for the past six months on accounts with banks, savings and loans, and investment companies and credit card companies, such as Visa, Master Card, American Express, department stores, etc.
"(6) Medical insurance: if relevant to the hearing, proof of the availability of medical insurance coverage, the cost of available coverage, persons for whom the parent is providing medical insurance, the actual cost of current coverage for the employee and the entire family, the insurance carrier and the policy number
"(7) Support of others: payment records or check stubs reflecting the payment of support for child(ren) for the past twelve months other than the child(ren) in this proceeding
"(8) Proof of direct payments: proof of payment of support for which credit is being requested (such as canceled checks, money orders, other receipts, etc.)
"c. For voluntary paternity proceedings at least one of the following:
"(1) Birth certificate: signed by both parents.
"(2) Affidavit of acknowledgment: signed by both parents acknowledging paternity of the child(ren).
"(3) Genetic testing: a copy of the test results showing that the individual named as the father has not been excluded as the natural father.
"F. Failure to Comply with Order to Bring Information:
"1. Support Enforcement Proceedings:
"a. Hearings before Judges and Commissioners: If the person upon whom the Order to Appear is served does not comply by providing the required information at the hearing, the court may:
"(1) If the obligor is the party who failed to comply, hold the obligor in contempt until the obligor either produces the information or carries the burden of convincing the court that production of the information is not within the obligor's power;
"(2) Proceed with the hearing, making a decision based upon the evidence presented at the hearing and require the non-complying party to sign releases to allow the other party access to the information that has not been produced at the hearing; or,
"(3) Impose such other sanctions as the court deems appropriate under the circumstances.
"b.Conferences: If the person upon whom the Order to Appear is served does not provide information at the conference, the conference officer may:
"(1) If the obligor is the party who failed to comply by providing the requested information, make a recommendation to the court to hold the obligor in contempt until the obligor either produces the information or carries the burden of convincing the court that production of the information is not within the obligor's power;
"(2) Proceed with the conference and make a recommendation to the court based upon the information presented at the conference; or,
"(3) Make a recommendation to the court to impose such other sanctions as the court deems appropriate under the circumstances.
"2. Support Modification Proceedings: If either party does not comply with the order to provide the information at the conference, the conference officer may:
"a. Proceed with the conference and make a recommendation to the court based upon the information presented at the conference; or
"b. Make a recommendation to the court to impose such sanctions as the court deems appropriate under the circumstances.
"G.Forms. The Self Service Center shall, and the Clerk of the Superior Court may, provide forms for the petition or request for establishment, petition or request for enforcement, petition or request for modification, order to appear, voluntary paternity and such other forms required by statute and/or prescribed or recommended by the Supreme Court."