12-298
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12-298. Appointment of family law referee or court commissioner; compensation; qualifications; duties; powers; procedures A. Notwithstanding section 12-213 family law referees or court commissioners shall be appointed by the presiding judge of the superior court in each county to provide for the expeditious establishment and enforcement of support orders brought pursuant to title 25, chapter 5, article 1 and chapter 9, article 10 of this title and actions that are additionally brought pursuant to the Arizona state plan for support collection under the requirements of title IV-D of the social security act (42 United States Code section 651). Family law referees or court commissioners need not be appointed in counties which have received expedited process waivers pursuant to 42 United States Code section 666 (a)(2). B. Reasonable compensation for family law referees shall be fixed by the presiding judge. C. The family law referees or court commissioners shall conduct hearings in assigned matters dealing with the establishment and enforcement of support obligations brought under the Arizona state plan for support collection pursuant to the requirements of title IV-D of the social security act (42 United States Code section 651). The powers of a family law referee are those granted to a master under rule 53, Arizona rules of civil procedure. Court commissioners shall have authority to hear and determine matters arising under this subsection or subsection A of this section in addition to the powers granted to court commissioners under rules of the supreme court. D. The family law referee shall prepare a report on the matters submitted to him consisting of written findings and recommendations. The family law referee shall not ordinarily be required to file with his report a transcript of the proceedings but shall make sufficient findings of fact in his report to justify the recommendations made to the court. The family law referee shall file the report with the clerk of the court along with the original exhibits. The clerk shall provide a copy of the report to all parties. E. The family law referee may make recommendations of a reasonable amount of child support, using factual findings and applicable support guidelines. The family law referee may make findings regarding support arrearages owed. The family law referee may make recommendations regarding the method and manner of payment, imposition of assignment of earnings or periodic entitlements, or other matters or remedies involved in the establishment or enforcement of support obligations. Unless objection is timely made, the court may accept the family law referee's findings and recommendations and make its order in accordance with them. F. Either party may file written objections to the findings and recommendations of the family law referee within fifteen days after being served with them. The objecting party shall provide notice for a hearing on the objection as prescribed in rule 6(c), Arizona rules of civil procedure. The court shall accept the findings of fact of the family law referee unless they are clearly erroneous. The court, after a hearing, may adopt the report, modify it in whole or in part, receive further evidence or recommit it with instructions. G. If a party does not appear before the family law referee after appropriate service, the family law referee may proceed ex parte or may cause a notice to be served on that party of the intent to recommend judgment on the pleadings. Service of such notice shall be by regular mail to the last known address of the party and is deemed complete on mailing. The notice shall advise the nonappearing party that he has fifteen days from the date of mailing to appear or otherwise object to entry of judgment on the pleadings. The court may enter judgment on the pleadings on recommendation of the family law referee if the party does not appear within fifteen days after notice. |