COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0358-07
Bill No.: Truly Agreed To And Finally Passed HS for HCS for SCS for SB 10
Subject: Modifies statute of limitations on certain divorce judgments.
Type: Original
Date: May 30, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Office of State Courts Administrator, the Office of Attorney General, and the Department of Social Services stated the proposed legislation will have no fiscal impact on their agencies.
Officials from the Office of Administration - Division of Budget and Planning (BAP) stated the proposed legislation should not result in additional costs or savings to the BAP.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This legislation proposes that judgments and decrees rendered by courts, except judgments and decrees rendered by associate, small claims and municipal divisions of circuit courts, shall be liens on the real estate of the person against whom they were rendered. The lien of a judgment or decree shall extend as well to the real estate acquired after the rendition thereof, as to that which was owned when the judgment or decree was rendered. Such liens shall commence on the day of the rendition of the judgment, and shall continue for ten years, subject to be revived; but when two or more judgments or decrees are rendered at the same term, as between the parties entitled to such judgments or decrees, the lien shall commence on the last day of the term at which they are rendered.
Every judgment, order or decree of any court dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment which mandates the making of payments over a period of time or payments in the future, shall be presumed to be paid and satisfied after the expiration of ten years from the date of DESCRIPTION (continued)
the original rendition. An action to emancipate a child, and any personal service or order shall not act to revive the support order. In any judgment, order, or decree dividing pension retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment, each periodic payment is to be presumed paid and satisfied after ten years from the dat the payment is due, unless the judgment has been otherwise revived. This legislation takes effect as to all judgments, orders, or decrees which have not been presumed paid as of August 28, 2001.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Office of Attorney General
Office of Administration - Division of Budget and Planning
Office of State Courts Administrator
Department of Social Services
Jeanne Jarrett, CPA
Director
May 30, 2001