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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : FAMILY SUPPORT DUTIES
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25-500 Definitions
In this chapter, unless the context otherwise requires:
1. "Arrearage" means the total unpaid support owed, including child support, past
support, spousal maintenance and interest.
2. "Business day" means a day when state offices are open for regular business.
3. "Child support guidelines" means the child support guidelines that are adopted
by the state supreme court.
4. "Child support subpoena" means a subpoena issued pursuant to section 25-520.
5. "Department" means the department of economic security.
6. "Income" means any form of payment owed to an individual, regardless of source,
including wages, salaries, commissions, bonuses, workers' compensation, disability
payments, payments pursuant to a pension or retirement program and interest.
7. "Obligee" means a person or agency entitled to receive support.
8. "Obligor" means a person obligated to pay support.
9. "Support" means the provision of maintenance or subsistence and includes 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. In a title IV-D case, support includes spousal maintenance that is included
in the same order that directs child support.
10. "Support payment clearinghouse" means the clearinghouse established pursuant to
section 46-441.
11. "Title IV-D" means title IV-D of the social security act.
25-501 Duties of support; exemption
A. Except as provided in subsection F of this section, every person has the duty to
provide all reasonable support for that person's natural and adopted minor, unemancipated
children, regardless of the presence or residence of the child in this state. In the
case of mentally or physically disabled children, if the court, after considering the
factors set forth in section 25-320, subsection D, deems it appropriate, the court may
order support to continue past the age of majority. If a child reaches the age of
majority while the child is attending high school or a certified high school equivalency
program, support shall continue to be provided while the child is actually attending high
school or the equivalency program but only until the child reaches nineteen years of age
unless the court enters an order pursuant to section 25-320, subsection E.
B. A child who is born as the result of artificial insemination is entitled to
support from the mother as prescribed by this section and the mother's spouse if the
spouse either is the biological father of the child or agreed in writing to the
insemination before or after the insemination occurred.
C. The child support guidelines shall be used in determining the ability to pay
child support and the amount of payments. The obligation to pay child support is primary
and other financial obligations are secondary.
D. All duties of support as prescribed in this chapter may be enforced by all civil
and criminal remedies provided by law.
E. Remedies provided by this chapter are cumulative and do not affect the
availability of remedies under other law.
F. The court may determine that a parent is not obligated to contribute to the
support of the parent's minor child if maternity or paternity is the result of the
parent's sexual contact with a person who, as a result of that contact, has been found
guilty of sexual conduct with a minor under section 13-1405 or sexual assault under
section 13-1406. The court may also apply this exemption to the parent's parents or
legal guardian.
25-502 Jurisdiction, venue and procedure; additional enforcement provisions
A. The superior court has original jurisdiction in proceedings brought by the
department, its agents, a person having physical custody of a child or a party to the
case to establish, enforce or modify the duties of support as prescribed in this
chapter. All such proceedings are civil actions except as provided in section
25-511. Proceedings to enforce the duties of support as prescribed in this chapter may
be originated in the county of residence of the respondent or the petitioner or of the
child or children who are the subject of the action.
B. A proceeding to establish support must originate in the county where the child
resides or, if the child resides out of state, the county of this state where the party
filing the petition to establish support resides, if either of the following applies:
1. An action does not exist under this title.
2. Paternity was established without a court order pursuant to section 36-334.
C. A person or the department or its agent must file a petition to establish or
modify a child support order in the superior court in the county of the last order issued
under this title if an order exists in this state. If a person wishes the case
transferred to the county of this state where the child resides or, if the child resides
out of state, the county of this state where the party requesting the transfer resides,
the person must file a request for transfer with the clerk of the superior court that
issued the last order.
D. A request for transfer pursuant to subsection C of this section must include a
petition or motion regarding support, a statement of payments in default, if applicable,
and the transmittal fee prescribed in section 12-284. The responding party may object to
the transfer by filing an objection and affidavit within twenty days after service of the
request to transfer.
E. If the clerk does not receive an objection and affidavit pursuant to subsection
D of this section, the clerk shall issue the transfer order and transfer the proceeding
and all related court files to the other county within thirty days after service of the
request to transfer. If the clerk receives an objection and affidavit within the time
prescribed in subsection D of this section, the clerk shall notify all parties of the
date of the hearing at least ten days before the hearing date. The court may hear
evidence relevant only to the issue of the transfer. If after that hearing the court
orders the transfer, the clerk shall transfer the proceeding and court files within ten
days after the order. The county to which the transfer is made retains the court files
and venue for all purposes and the transferring county shall not retain a copy of those
files.
F. The county to which a transfer is made pursuant to subsection D or E of this
section shall proceed as if the proceeding were brought in that county originally. A
judgment from that county has the same effect and may be enforced or modified as a
judgment from the original county.
G. The party who petitioned for transfer must pay the postadjudication fee
prescribed in section 12-284 to the county to which the proceeding was transferred within
ten days after the date the clerk of the court mails the notice of the requirement to pay
the postadjudication fee. If the party does not pay the fee by that date, the transfer
order is automatically nullified and the court clerk shall return the proceeding and all
related court files to the original county.
H. Except as provided in section 25-510, in title IV-D cases the superior court
shall accept for filing any documents that are received through electronic transmission
if the electronically reproduced document states that the copy used for the electronic
transmission was certified before it was electronically transmitted.
I. On filing of the petition and, if applicable, after a transfer is completed, the
court shall issue an order requiring the responding party to appear at the time and place
set for the hearing on the petition. The petition shall include each person's and child's
social security number if known. Service of the order and a copy of the petition shall be
as provided in the ARIZONA rules of civil procedure. If the responding party receives
notice of a hearing but fails to appear, the court may issue a child support arrest
warrant as provided in article 5 of this chapter and shall require that the responding
party pay at the time of arrest an amount set by the court to secure the responding
party's release from custody pending an appearance at the next scheduled hearing. The
court also may find the party to be in contempt of court pursuant to section 12-864.01
and set an amount to be paid to purge the contempt. Any purge amount set by the court
shall supersede the amount required to be set to secure the responding party's release,
and the responding party shall pay only the purge amount as a condition of release from
custody. Any amounts paid under this section shall be deposited with the clerk of the
court or the support payment clearinghouse and credited first to the responding party's
current child support obligation and then to arrearages. The court may grant a default
judgment for arrearages on a prima facie showing of the amount due.
J. The department or its agent or a parent, guardian or custodian may file with the
clerk of the superior court a request to establish child support. The request must
include a proposed order, the worksheet for child support and a notice of the right to
request a hearing within twenty days after service in this state or within thirty days
after service outside this state. The request must also include the social security
number of the child and each party to the proceeding. The request, proposed order,
worksheet and notice shall be served pursuant to the ARIZONA rules of civil procedure on
all parties, and in a title IV-D case, on the department or its agent. In a title IV-D
case, the department or its agent may serve all parties by certified mail, return receipt
requested. If a party does not request a hearing within the time prescribed by this
subsection, the court shall review the proposed order and worksheet and enter an
appropriate order or set the matter for a hearing. In a title IV-D case, the department
or its agent shall enforce the order.
K. Each licensing board or agency that issues professional, recreational or
occupational licenses or certificates shall record on the application the social security
number of the applicant and shall enter this information in its database in order to aid
the department of economic security in locating parents or their assets or to enforce
child support orders. This subsection does not apply to a license that is issued pursuant
to title 17 and that is not issued by an automated drawing system. If a licensing board
or agency allows an applicant to use a number other than the social security number on
the face of the license or certificate while the licensing board or agency keeps the
social security number on file, the licensing board or agency shall advise an applicant
of this fact.
25-503.01 Self-employed parent; monies held as security for payment of support
A. On a showing of good cause, the court may order that a self-employed parent who
is required to make child support payments forward an amount equal to not more than six
months of child support to the department to hold as security. The department shall
release these monies to compensate an obligee for missed current child support payments.
B. This section does not apply unless the self-employed parent is in arrears for
three months or more.
C. This section does not limit other remedies available to an obligee, the
department or its agents.
D. If a self-employed parent who is required to forward monies to the department
pursuant to this section demonstrates full and timely support payments for twenty-four
consecutive months, the department shall release to that self-employed parent any monies
that remain.
25-503 Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages; notice; security
A. In any proceeding in which there is at issue the support of a child, the court
may order either or both parents to pay any amount necessary for the support of the
child. If a personal check for support payments and handling fees is rightfully
dishonored by the payor bank or other drawee, any subsequent support payments and
handling fees shall be paid only by cash, money order, cashier's check, traveler's check
or certified check. The department may collect from the drawer of a dishonored check or
draft an amount allowed pursuant to section 44-6852. Pursuant to sections 35-146 and
35-147, the department shall deposit monies collected pursuant to this subsection in a
child support enforcement administration fund. If a party required to pay support other
than by personal check demonstrates full and timely payment for twenty-four consecutive
months, that party may pay support by personal check if these payments are for the full
amount, are timely tendered and are not rightfully dishonored by the payor bank or other
drawee. On a showing of good cause, the court may order that the party or parties
required to pay support give reasonable security for these payments. If the court sets
an appearance bond and the obligor fails to appear, the bond is forfeited and credited
against any support owed by the party required to pay support. This subsection does not
apply to payments that are made by means of a wage assignment.
B. On a showing that an income withholding order has been ineffective to secure the
timely payment of support and that an amount equal to six months of current support has
accrued, the court shall require the obligor to give security, post bond or give some
other guarantee to secure overdue support.
C. In title IV-D cases, and in all other cases subject to an income withholding
order issued on or after January 1, 1994, after notice to the party entitled to receive
support, the department or its agent may direct the party obligated to pay support or
other payor to make payment to the support payment clearinghouse. The department or its
agent shall provide notice by first class mail.
D. The obligation for current child support shall be fully met before any payments
under an order of assignment may be applied to the payment of arrearages. If a party is
obligated to pay support for more than one family and the amount available is not
sufficient to meet the total combined current support obligation, any monies shall be
allocated to each family as follows:
1. The amount of current support ordered in each case shall be added to obtain the
total support obligation.
2. The ordered amount in each case shall be divided by the total support obligation
to obtain a percentage of the total amount due.
3. The amount available from the obligor's income shall be multiplied by the
percentage under paragraph 2 of this subsection to obtain the amount to be allocated to
each family.
E. Any order for child support may be modified or terminated on a showing of
changed circumstance that is substantial and continuing, except as to any amount that may
have accrued as an arrearage before the date of notice of the motion or order to show
cause to modify or terminate. The addition of health insurance coverage as defined in
section 25-531 or a change in the availability of health insurance coverage may
constitute a continuing and substantial change in circumstance. Modification and
termination are effective on the first day of the month following notice of the petition
for modification or termination unless the court, for good cause shown, orders the change
to become effective at a different date but not earlier than the date of filing the
petition for modification or termination. The order of modification or termination may
include an award of attorney fees and court costs to the prevailing party.
F. Notwithstanding subsection E of this section, in a title IV-D case a party, or
the department or its agent if there is an assignment of rights under section 46-407, may
request every three years that an order for child support be reviewed and, if
appropriate, adjusted. The request may be made without a specific showing of a changed
circumstance that is substantial and continuing. The department or its agent shall
conduct the review in accordance with the child support guidelines of this state. If
appropriate, the department shall file a petition in the superior court to adjust the
support amount. Every three years the department or its agent shall notify the parties of
their right to request a review of the order for support. The department or its agent
shall notify the parties by first class mail at their last known address or by including
the notice in an order.
G. If a party in a title IV-D case requests a review and adjustment sooner than
three years, the party shall demonstrate a changed circumstance that is substantial and
continuing.
H. The right of a party entitled to receive support or the department to receive
child support payments as provided in the court order vests as each installment falls
due. Each vested child support installment is enforceable as a final judgment by
operation of law. Unless it is reduced to a written money judgment, an unpaid child
support judgment that became a judgment by operation of law expires three years after the
emancipation of the last remaining unemancipated child who was included in the court
order. Beginning on January 1, 2000, child support orders, including modified orders,
must notify the parties of this expiration date. The filing of a request for a written
money judgment before the end of that period preserves the right to judgment until the
court grants a judgment or the court denies the request. A request does not need to be
filed within three years if:
1. The court later determines that the actions or conduct of an obligor impeded the
establishment of a written money judgment, including avoiding service or notice of that
action, changing a name or social security number or leaving the state where the last
support order was entered without notifying the party to whom support is ordered to be
paid or the court or the department of that party's residential and mailing addresses.
2. The court later finds that the obligor threatened, defrauded or wrongfully
coerced the obligee into not filing a request to reduce any support arrearages to a
written money judgment.
I. The department or its agent or a party entitled to receive support may file a
request for judgment for support arrearages not later than three years after the
emancipation of all of the children who were the subject of the court order. In such a
proceeding there is no bar to establishing a money judgment for all of the unpaid child
support arrearages for all of the children who were the subject of the court order.
Notwithstanding any other law, formal written judgments for support and for associated
costs and attorney fees are exempt from renewal and are enforceable until paid in
full. If emancipation is disputed, this subsection shall be liberally construed to
effect its intention of diminishing the limitation on the collection of child support
arrearages.
J. If a party entitled to receive child support or spousal maintenance or the
department or its agent enforcing an order of support has not received court ordered
payments, the party entitled to receive support or spousal maintenance or the department
or its agent may file with the clerk of the superior court a request for judgment of
arrearages and an affidavit indicating the name of the party obligated to pay support and
the amount of the arrearages. The request must include notice of the requirements of this
section and the right to request a hearing within twenty days after service in this state
or within thirty days after service outside this state. The request, affidavit and notice
must be served pursuant to the ARIZONA rules of civil procedure on all parties including
the department or its agents in title IV-D cases. In a title IV-D case, the department or
its agent may serve all parties by certified mail, return receipt requested. Within
twenty days after service in this state or within thirty days after service outside this
state, a party may file a request for a hearing if the arrearage amount or the identity
of the person is in dispute. If a hearing is not requested within the time provided, or
if the court finds that the objection is unfounded, the court must review the affidavit
and grant an appropriate judgment against the party obligated to pay support.
K. If after reasonable efforts to locate the obligee the clerk or support payment
clearinghouse is unable to deliver payments for a period of one hundred twenty days after
the date the first payment is returned as undeliverable due to the failure of a party to
whom the support has been ordered to be paid to notify the clerk or support payment
clearinghouse of a change in address, the clerk or support payment clearinghouse shall
return that and all other unassigned payments to the obligor unless there is an agreement
of the obligor to pay assigned arrears and other debts owed to the state.
L. If the obligee of a child support order marries the obligor of the child support
order, that order automatically terminates on the last day of the month in which the
marriage takes place and arrearages do not accrue after that date. However, the obligee
or the state may collect child support arrearages that accrued before that date. The
obligee, the obligor or the department or its agent in a title IV-D case may file a
request or stipulation to terminate or adjust any existing order of assignment, pursuant
to section 25-504 or section 25-505.01.
M. For the purposes of subsections H and I of this section, a child is emancipated:
1. On the date of the child's marriage.
2. On the child's eighteenth birthday.
3. When the child is adopted.
4. When the child dies.
5. On the termination of the support obligation if support is extended beyond the
age of majority pursuant to section 25-501, subsection A or section 25-320, subsections E
and F.
25-504 Order of assignment; ex parte order of assignment; responsibilities; violation; termination
A. In a proceeding in which the court orders a person to pay support the court
shall, and in a proceeding in which the court orders a person to pay spousal maintenance
the court may, assign to the person or agency entitled to receive the support or spousal
maintenance that portion of the person's income necessary to pay the amount ordered by
the court. In a proceeding in which spousal maintenance is ordered to be paid the court
shall order the assignment on either party's request.
B. A person obligated by an order to pay support or spousal maintenance, the person
to whom support or spousal maintenance is ordered to be paid or the department or its
agent in a title IV-D case may file a verified request with the clerk of the superior
court requesting the clerk to issue an ex parte order of assignment for support or
spousal maintenance. The ex parte order of assignment may include a payment for current
support and any other support, current spousal maintenance, spousal maintenance
arrearages and interest on spousal maintenance arrearages. A request filed by the
department or its agent need not be verified. The request shall state:
1. The name of the person or agency entitled to receive support or spousal
maintenance.
2. The monthly amount of any current support and the monthly amount of any spousal
maintenance ordered by the court.
3. The specific amount requested for any support arrearages, spousal maintenance
arrearages or interest.
4. The name and address of the payor to whom it is requested the order of
assignment be directed and the name and social security number of the person obligated to
pay support or spousal maintenance.
C. After receipt of a request for an ex parte order of assignment the clerk of the
superior court, without a hearing or notice to the person obligated to pay support or
spousal maintenance, shall issue an order of assignment of that portion of the person's
income as is sufficient to pay the amount requested to the person or agency entitled to
receive the support or spousal maintenance. On issuance of an ex parte order of
assignment, the clerk shall issue a notice directed to the obligor in substantially the
following form, which shall also be in Spanish:
Notice
To: The obligor (the person ordered to pay support or spousal
maintenance)
This is to notify you that part of your income or other monies is being
taken away by the enclosed order of assignment that was issued on a request
for an order of assignment that also is enclosed. The order of assignment has
been issued for currently accruing child support or spousal maintenance, or
both, based on the requesting party's claim that you are obligated to pay
this. In addition, the requesting party may be claiming a right to collect
other support, as defined in section 25-500, ARIZONA Revised Statutes,
arrearages on spousal maintenance or interest on a judgment for unpaid spousal
maintenance.
If you believe the enclosed order of assignment is improper or unlawful,
that your property is exempt by law, or that your employer or other payor is
withholding more than is permitted by law, you may request a hearing before
the superior court. You must file a request to terminate or adjust the order
of assignment on forms provided by the clerk of the court within seven days
after your receipt of the order for assignment, request for an order of
assignment and this notice. If you request a hearing, it will be held no more
than ten days after you file your request with the court.
Here are some other important things you should know:
The order of assignment is effective immediately on service of the order
on your employer or another payor. The first employer or payor served shall
not withhold or deduct amounts specified in the ex parte order of assignment
for fourteen calendar days from the date of service to allow you, the obligor,
an opportunity to contest the order of assignment as provided in section
25-504, ARIZONA Revised Statutes. A future employer or payor may begin
deductions sooner than the fourteen day period after the order of assignment
is received.
If you request a hearing, the court, after considering the financial
resources of both parties and the reasonableness of the positions each party
has taken, may order a party to pay a reasonable amount to the other for the
attorney fees and costs of filing or defending the request.
Under state law (section 33-1131, ARIZONA Revised Statutes) no more than
one-half of your disposable earnings for any pay period may be taken to
satisfy an order issued for support or spousal maintenance. The amount of
disposable earnings exempt from the order of assignment must be paid to you
when due. Disposable income means the remaining portion of your wages, salary
or compensation for personal services, including bonuses and commissions, or
otherwise, and includes payments pursuant to a pension or retirement program
or a deferred compensation plan, after deducting from such earnings the
amounts required by law to be withheld.
An employer or other payor who receives the order of assignment may
deduct from amounts due to you one dollar for each pay period, but not more
than four dollars per month, for costs. The employer or payor also must
deduct a monthly amount for the support payment handling fee required by state
law (section 25-510, ARIZONA Revised Statutes).
The employer or other payor on whom the order of assignment is served
will continue to withhold the amount set in the order and will forward the
payment to the support payment clearinghouse until you file with the clerk one
of the following:
1. A verified request to adjust the order of assignment, and the court
adjusts the order of assignment because there has been a change of
circumstances since the time of the issuance of the order or there is other
good cause to do so.
2. A verified request for a hearing to terminate the order of
assignment and, after a hearing, the court terminates the order of assignment
if all obligations have been satisfied or will be satisfied within ninety
days.
3. A notarized stipulation stating that the obligation to pay support
or spousal maintenance has ended and that all arrearages either have been
satisfied or have been waived, and the clerk terminates the order of
assignment.
An employer may not refuse to hire, may not discharge or may not
otherwise discipline you as a result of the order of assignment. If you are
wrongfully refused employment, discharged or otherwise disciplined you may
recover damages suffered, plus reinstatement if appropriate, plus reasonable
attorney fees and costs incurred against the employer.
Unless a court has expressly ordered otherwise, you must notify the
clerk of the court or the support payment clearinghouse in writing of the
address of your residence and of your employment and, within ten days, of a
change in either one. Your failure to do so may subject you to sanctions for
contempt of court, including reasonable attorney fees and costs pursuant to
state law (section 25-504, subsection R, ARIZONA Revised Statutes). Official
notices will be delivered to you at the most recent addresses you have
provided to the clerk or support payment clearinghouse.
D. Any order of assignment shall be issued only for support, spousal maintenance,
spousal maintenance arrearages, interest on spousal maintenance arrearages and handling
fees. The order of assignment shall state the total amount that the payor shall
withhold. The order of assignment also shall specify the monthly amount of current
support and any other payment ordered for support, the monthly amount of any current
spousal maintenance, the monthly amount of any spousal maintenance arrearages and any
monthly interest payment. If the obligor's disposable earnings from the primary employer
or other payor do not meet the support obligation, the court shall issue an order of
assignment to a secondary employer or other payor of the obligor in order to meet the
full support obligation.
E. An order of assignment shall be served on any employer or other payor by first
class mail, electronic transmission or personal delivery or pursuant to the ARIZONA rules
of civil procedure. The order of assignment is effective immediately on receipt by any
employer or other payor and any future employer or future payor. Any employer or other
payor of monies shall begin withholding no later than fourteen days after receipt of an
order of assignment. The employer or other payor, if feasible, may begin withholding
sooner than the fourteen day period if a payment to the obligor is due sooner.
F. Two copies of an ex parte order of assignment and of the request for an order of
assignment, together with a copy of the notice required by this section, shall be served
on any employer or other payor in the same manner as other orders of assignment under
this section. Within five days after receipt, the employer or payor shall serve by
personal delivery or by registered mail one copy of the ex parte order of assignment and
of the request and the notice on the employee or other payee. The ex parte order of
assignment is effective on any employer or other payor, and as an assignment by operation
of law is effective on any future employers or other future payors, immediately on
receipt. The first employer or other payor served shall not withhold or deduct amounts
specified in the ex parte order of assignment for fourteen calendar days to allow the
obligor an opportunity to contest the order of assignment as provided in this
section. Any future employers or future payors shall begin withholding not later than
fourteen days after receipt of an ex parte order of assignment but, if feasible, may
begin withholding sooner than fourteen days if a payment to the obligor is due sooner.
G. After service of an ex parte order of assignment on the employer or payor that
initially receives the order of assignment, an obligor may request a hearing to contest
the ex parte order of assignment. The request shall be made in writing, and the obligor
shall state under oath the specific reason for the request. The request shall be filed
with the court together with a notice of hearing form. The court shall hold a hearing
within ten days after the request and notice of hearing form is filed. Immediately on
the scheduling of the hearing, the obligor shall serve a copy of the request for and
notice of hearing on the person entitled to receive support, and in a title IV-D case to
the department. If the obligor files a request for hearing within seven days after
receipt of the order of assignment, the court may order the support payment clearinghouse
not to disburse any monies received pursuant to the order of assignment until further
order of the court. The obligor may contest the withholding for any of the following
reasons:
1. There is an error in the identity of the obligor.
2. There is an error in the amount of support or spousal maintenance.
3. Invalidity of the order for support or spousal maintenance.
4. Current support or spousal maintenance is no longer owed, if the order of
assignment includes a payment for current support or spousal maintenance.
5. Arrearages are not owed if the order of assignment includes a payment for
arrearages.
H. Any employer or other payor who has received any order of assignment shall
withhold the amount specified in the order of assignment, together with the handling fee
as provided in section 25-510, from the income of the person obligated to pay support or
spousal maintenance and shall transmit the withheld monies to the support payment
clearinghouse within two business days after the obligor is paid or after the payment to
the obligor is due. The handling fee shall be deducted and transmitted monthly. For the
cost of compliance the employer or payor may also withhold and retain an additional one
dollar per payment but not more than four dollars per month for each obligor. An
employer or payor may combine in a single payment withheld monies for more than one
obligor, shall separately identify the portion of the remittance that is attributable to
each obligor and shall include each obligor's social security number. An employer or
payor shall notify the clerk or support payment clearinghouse in writing when the obligor
is no longer employed or the right to receive income or other monies has been
terminated. The employer or payor shall also notify the clerk or support payment
clearinghouse in writing of the obligor's social security number and last known address
and the name and address of the obligor's new employer, if known, within ten days. In a
non-title IV-D case, within ten days after receiving this information the support payment
clearinghouse shall notify the clerk of the superior court in the county where the
support or maintenance order was issued. If within ninety days of the last payment, the
employer or other payor reemploys the obligor or becomes obligated to pay the obligor,
the employer or payor is again bound by the order of assignment and is required to
perform as required by this section. In a title IV-D case the order of assignment may be
reinstated pursuant to section 25-505.01. An employer or payor who fails without good
cause to comply with the terms of an order of assignment is liable for amounts not paid
to the clerk or support payment clearinghouse pursuant to the order of assignment and
reasonable attorney fees, costs and other expenses incurred in procuring compliance and
may be subject to contempt.
I. If a person is obligated to pay child support for more than one family and the
amount available for withholding is not sufficient to meet the total combined current
child support obligation, any monies withheld from the obligor's income shall be
allocated to each family by the employer or payor as follows:
1. The amount of current child support ordered in each case shall be added together
to obtain the total current child support obligation.
2. The amount of current child support ordered in each case shall be divided by the
total current child support obligation to obtain the percentage of the total current
child support obligation to be allocated to each case.
3. The amount withheld from the obligor shall be multiplied by the percentage for
each case to obtain the amount to be allocated to each case.
J. The person or agency entitled to receive support or spousal maintenance shall
notify the clerk of the superior court or support payment clearinghouse in writing of any
change of residential address and of any other information required pursuant to section
46-443, within ten days of any change. If after reasonable efforts to locate the obligee
the clerk or support payment clearinghouse is unable to deliver payments under an order
of assignment for the period prescribed in section 25-503 due to the failure of an
obligee to comply with the notice requirement of this subsection, the clerk or support
payment clearinghouse shall not make further payment under the order of assignment and
shall return payments to the obligor as prescribed in section 25-503. Under these
circumstances the court, clerk or department or its agent shall order the release of the
employer or payor from the order of assignment on request of the employer, the payor, the
department or its agent or on the clerk's own initiative. Any order of assignment from
which an employer or payor has been released may be reinstated by following the
procedures for obtaining an ex parte order of assignment pursuant to this section or, in
a title IV-D case, an administrative income withholding order pursuant to section
25-505.01.
K. Unless a court has ordered otherwise, the person ordered to pay support or
spousal maintenance shall notify the clerk of the superior court or the support payment
clearinghouse in writing of the obligor's residential address and the name and address of
any employer, and within ten days of any change. Failure to do so may subject the person
to sanctions for contempt of court, including reasonable attorney fees and costs.
L. Any order of assignment may be adjusted if there has been a change of
circumstances since the date the order of assignment was issued or for good cause. The
department or its agent or a person obligated to pay or entitled to receive support or
spousal maintenance shall file with the clerk of the superior court a request to adjust
the order of assignment and a proposed order of assignment. The request shall specify
the adjustment sought and the reason for the request. A copy of the request shall be
served pursuant to the ARIZONA rules of civil procedure, or by the department or its
agent in a title IV-D case by first class mail, on all other parties and on the state if
the department is providing title IV-D support services or has a claim for
arrearages. The party receiving the request and proposed order may request a hearing
within twenty days or within thirty days if service is made outside this state. On proof
of service and if a hearing has not been requested within the time allowed, the clerk
shall issue the order of assignment as appropriate. Within two business days after the
date the order of assignment is issued, the clerk shall transmit a copy of the order of
assignment to the employer or payor, the department or its agent and all parties. Unless
ordered otherwise by the court, in a title IV-D case any order of assignment may be
adjusted pursuant to section 25-505.01.
M. The department or its agent or a person obligated to pay or entitled to receive
support or spousal maintenance may file a request to terminate any order of assignment if
the obligation to pay support or spousal maintenance has ended or will end within ninety
days after the filing of the request and if all arrearages either have been paid or will
be paid within the period or have been waived. The request shall state the reason why
termination is requested and shall contain the name and address of the employer or payor
of the person obligated to pay support. A copy of the request shall be served pursuant
to the ARIZONA rules of civil procedure, or by the department or its agent in a title
IV-D case by first class mail, on all other parties and on the state if the department is
providing title IV-D support services or has a claim for arrearages. A party receiving
this notice may request a hearing within twenty days or within thirty days if service is
made outside this state. On proof of service and if a hearing has not been requested
within the time allowed, the clerk shall issue an order terminating the order of
assignment as appropriate. Within two business days after the date the order is issued,
the clerk shall transmit a copy of the order terminating the order of assignment to the
employer or payor and to the department or its agent. If a hearing is requested, the
court shall set the hearing within twenty days after receiving the request and shall
issue an appropriate order. A person who is ordered to pay support may request the court
to terminate an order of assignment at any time if an employer is making deductions on
multiple assignments for an obligation for the same minor children. Notwithstanding any
law to the contrary, the clerk shall not charge a fee to a person who files a request to
terminate an order of assignment if an employer is making deductions on multiple
assignments for an obligation for the same minor children.
N. If a request to adjust or terminate an order of assignment is filed, the court
in its discretion may order that the clerk of the superior court or support payment
clearinghouse not disburse any monies in dispute until further order of the court.
O. The clerk of the superior court shall issue an order terminating the order of
assignment if the parties, including the department or its agent in a title IV-D case,
file a notarized stipulation with the clerk that all obligations of support or spousal
maintenance have been satisfied and that the obligor is no longer obligated to pay
support or spousal maintenance. The stipulation shall state that the current obligation
of support or spousal maintenance no longer exists and that all arrearages either have
been satisfied or waived. The stipulation shall also contain the name and address of the
employer or payor of the person obligated to pay support or spousal maintenance. Within
five business days after the date the stipulation is filed, the clerk shall transmit a
copy of the order terminating the order of assignment to the employer or payor and to the
department or its agent. Notwithstanding any law to the contrary, the clerk shall not
charge a fee to a party who files a stipulation pursuant to this subsection.
P. An assignment ordered pursuant to this section has priority over all other
executions, attachments or garnishments. An obligation for current child support shall
be fully met before any payments pursuant to an order of assignment may be applied to any
other support obligation. An assignment ordered under this section does not apply to
amounts made exempt under section 33-1131 or any other applicable exemption law.
Q. Any employer or other payor shall not refuse to hire a person and shall not
discharge or otherwise discipline an obligor because of service of an order of assignment
authorized by this section. An employer or payor who refuses to hire a person or who
discharges or otherwise disciplines an employee or obligor because of service of an order
of assignment is subject to contempt and sanctions as may be ordered by the court. A
person who is wrongfully refused employment, wrongfully discharged or otherwise
disciplined is entitled to recover damages sustained by the prohibited conduct,
reinstatement, if appropriate, and attorney fees and costs incurred.
R. In any proceeding under this section the court, after considering the financial
resources of the parties and the reasonableness of the positions each party has taken,
may order a party to pay a reasonable amount to another party for the costs and expenses,
including attorney fees, of maintaining or defending the proceeding.
25-505.01 Administrative income withholding order; notice; definition
A. In a title IV-D case, if a person is obligated to pay support, the department or
its agent, without prior notice to the obligor, shall issue an income withholding order
using the format prescribed by the United States secretary of health and human services.
The order shall include the obligor's social security number. The withholding order shall
include payment for current child support or spousal maintenance and may include an
installment payment for arrearages pursuant to subsection B of this section or any other
support. A withholding order under this section does not apply to amounts exempt under
section 33-1131, subsection C or any other applicable exemption law. The withholding
order shall direct the holder of the monies to withhold and pay to the person or agency
entitled to receive the support the amount ordered by the department. The withholding
order shall be accompanied by a written notice of withholding as prescribed in this
section.
B. In addition to current support an income withholding order may include an
installment for arrearages or any other support if:
1. At the time of issuance, the arrearage is an amount equal to at least two months
but not more than six months of the obligor's current support obligation, the income
withholding order shall include an additional amount equal to twenty-five per cent of the
current support obligation.
2. At the time of issuance, the arrearage is an amount equal to more than six
months of the obligor's current support obligation, the income withholding order shall
include an additional amount equal to thirty-three per cent of the current support
obligation.
3. At the time of issuance, the arrearage is an amount equal to one year or more of
the obligors's support obligation, an income withholding order may include an additional
amount that exceeds thirty-three per cent of the support obligation.
C. If the obligor does not owe current support but arrearages remain unpaid, the
department or its agent may issue or adjust an income withholding order only for
arrearages. The income withholding order shall be in the amount of the most recent
current support order or the most recent order regarding the payment on arrearages,
whichever is greater.
D. The department shall serve the order and notice on an employer or payor by first
class mail or by electronic means. Service by mail as authorized in this section is
complete as to the employer or payor when the mailing is received. Service by electronic
means is complete on transmission to the employer or payor. The income withholding order
shall direct the employer or payor to deliver or mail by first class mail a copy of the
income withholding notice and order to the obligor within ten days after service on the
employer or payor.
E. The income withholding order is an assignment and is binding fourteen days after
receipt on an existing and future employer or payor of the person ordered to pay support
or spousal maintenance on whom a copy of the income withholding order and notice of
withholding is served. The employer or payor shall withhold the amount specified in the
order from the income of the person obligated to pay support and shall transmit that
amount to the support payment clearinghouse within two business days after the date the
employee is paid. The employer or payor shall advise the support payment clearinghouse
of the date the monies were withheld, may combine withheld amounts for several employees
in a single payment and shall separately identify the portion of the payment that is
attributable to each employee. The employer or other payor may also withhold and retain
for application to the employer's or payor's cost of compliance an additional one dollar
per pay period or four dollars per month.
F. If the obligor's disposable income from the primary employer or payor does not
meet the support obligation, the department shall issue an income withholding order to a
secondary employer of the obligor in order to meet the full support obligation.
G. Any obligor, employer or other payor may challenge the income withholding order
issued by the department or its agent by filing a written request for administrative
review with the department or its agent within ten days after receipt of the notice of
income withholding order from the employer or payor. The administrative review shall be
conducted pursuant to section 25-522. On receipt of a request for administrative review
the department or its agent shall delay implementation of the income withholding order.
H. A change in income withholding pursuant to subsection B of this section is not a
sufficient basis for a modification of the current support order.
I. Notwithstanding section 25-504, in a title IV-D case, if all obligations of
support have been satisfied and the person obligated to pay support is no longer
obligated and if the parties, including the department or its agent in a title IV-D case,
submit a stipulation that the current obligation of support no longer exists and that all
arrearages either have been satisfied or waived, the department or its agent shall issue
an order terminating the income withholding order. The order shall state that the
current obligation of support no longer exists and that all arrearages either have been
satisfied or waived. The stipulation shall also contain the name and address of the
employer or payor of the person obligated to pay support. Within five business days
after the date the stipulation is submitted, the department or its agent shall send by
first class mail a copy of the order terminating the income withholding order to the
employer or payor, the parties and the clerk of the court.
J. Notwithstanding section 25-504, in a title IV-D case, the department or its
agent on its own initiative, or the parties to a child support proceeding on request to
the department, may terminate an income withholding order issued pursuant to this section
or section 25-504, if the obligation to pay support has ended or will end within ninety
days after the date the request is submitted and if all arrearages either have been paid
or will be paid within the period or have been waived. The request shall include a
statement of why the termination is requested, supporting documentation and the name and
address of the employer and person obligated to pay support. The requesting party shall
notify each party by first class mail of the request to terminate the order. The employer
or payor shall continue to withhold and transmit support or spousal maintenance until
otherwise ordered. On receipt of a request to terminate an income withholding order the
department or its agent may suspend disbursements until a determination is issued. A
party that receives notice of a request to terminate an income withholding order may
object to the request and provide the department or its agent with the basis for the
objection and supporting documents within ten days after receipt of the notice. Within
forty-five days after the request the department or its agent shall issue a determination
to all parties based on the information available. On a determination to terminate an
income withholding order, the department or its agent within two business days shall send
by first class mail a copy of the order terminating or adjusting the order to the
employer or payor and to the support payment clearinghouse.
K. The employer or payor shall notify the support payment clearinghouse in writing
when the person ordered to pay support or spousal maintenance is no longer employed by
the employer or the right to receive income has been terminated. The employer shall
notify the support payment clearinghouse in writing of the former employee's last known
address and the name and address of the new employer, if known. If the employer or payor
is again obligated to pay income to a person ordered to pay support within ninety days
after termination of this right, the employer or payor is again bound by the income
withholding order and is required to perform pursuant to this section.
L. The obligation for current child support shall be fully met before any payments
under an order of assignment may be applied to payments of arrearages. If a person is
obligated to pay child support for more than one family and the amount available for
withholding is not sufficient to meet the total combined child support obligation, any
monies withheld from the obligor's income shall be allocated to each family by the
employer or payor as follows:
1. The amount of current child support ordered in each case shall be added to
obtain the total child support obligation.
2. The ordered amount in each case shall be divided by the total child support
obligation to obtain a percentage of the total amount due.
3. The amount available from the obligor's income shall be multiplied by the
percentage under paragraph 2 of this subsection to obtain the amount to be allocated to
each family.
M. An income withholding order shall include a statement that an employer shall not
refuse to hire a person or shall not discharge or otherwise discipline an employee as a
result of an income withholding order authorized by this section, and an employer who
refuses to hire a person or who discharges or otherwise disciplines an employee as a
result of the income withholding order is subject to contempt and fines as established by
the court. Any person wrongfully refused employment or an employee wrongfully discharged
or otherwise disciplined is entitled to recovery of damages suffered, reinstatement if
appropriate, plus attorney fees and costs incurred. Any employer or other payor who fails
without good cause to comply with the terms of the income withholding order may be liable
for amounts not paid to the support payment clearinghouse pursuant to the income
withholding order, reasonable attorney fees and costs incurred and may be subject to
contempt. The department may initiate an action in superior court to enforce this
subsection.
N. On issuance of an income withholding order the department or its agent shall
issue a notice of withholding directed to the person ordered to pay support. The notice
shall advise the obligor that:
1. An income withholding order has been issued against the obligor's income for
payment of currently accruing child support or spousal maintenance, or both.
2. The income withholding order may include an amount for child support arrearages,
or any other support.
3. The obligor may file a written request for administrative review with the
department pursuant to section 25-522 within ten days after receipt of this notice if the
obligor believes that:
(a) The income withholding order is improper or unlawful.
(b) The obligor's property is exempt by law.
(c) The employer or other payor is withholding more than permitted by law.
4. An income withholding order made pursuant to this section becomes binding on the
employer or payor or any future employers or future payors fourteen days after receipt of
a copy of the order and notice of withholding.
5. The employer or payor shall withhold the amount specified in the order from the
income of the person obligated to pay support.
6. Not more than one-half of the obligor's disposable income for any period may be
taken to satisfy an income withholding order issued for the support of any person.
7. The amount of disposable income exempt from the income withholding order must be
paid to the obligor on the regular payday for the pay period in which income is earned.
8. The employer or other payor shall continue to withhold the amount set forth in
the order each pay period and shall forward the amount to the child support payment
clearinghouse until either:
(a) The obligor files a request for administrative review with the department or
its agent and after review the department or its agent modifies or terminates the income
withholding order.
(b) The obligor files a petition with the court and, after a hearing, the court
modifies or terminates the income withholding order.
9. An employer may not refuse to hire, may not discharge or may not otherwise
discipline the obligor as a result of this income withholding order. If the obligor is
wrongfully refused employment, discharged or otherwise disciplined, the obligor may
recover damages suffered, reinstatement of employment if appropriate and reasonable
attorney fees and costs incurred against the employer.
10. Unless ordered otherwise, the obligor has a duty to notify the support payment
clearinghouse in writing of the address of the obligor's residence and employment and,
within ten days, of a change in either one. The department or its agent shall use these
addresses to notify the obligor of all subsequent actions to enforce support. Failure of
the obligor to advise the department of changes in residential or employment address may
subject the obligor to sanctions for contempt of court, including reasonable attorney
fees and costs.
O. An income withholding order issued pursuant to this section has the same force
and effect as an order of the superior court, has priority over all other attachments,
executions, garnishments or assignments and may be enforced against the obligor and
employer in superior court.
P. For purposes of this section, "arrearages" means past due support, including
interest. 25-505 Limited income withholding orders; definition
A. The department or its agent may issue a limited income withholding order to any
employer, payor or other holder of a nonperiodic or lump sum payment that is owed or held
for the benefit of an obligor. The department or its agent shall serve the order in the
same manner as prescribed in section 25-505.01 for service of income withholding orders.
The employer, payor or holder shall deliver or mail by first class mail a copy of the
order to the obligor within ten days after service on the employer, payor or holder.
B. The limited income withholding order shall state the amount of current support
and any arrearages owed by an obligor and shall direct the employer, payor or holder to
withhold and pay to the support payment clearinghouse the amount specified in the order
and not otherwise exempt by law.
C. The limited income withholding order shall include a notice to the obligor of
the right to an administrative review pursuant to section 25-522. The obligor, employer,
payor or holder may contest the limited income withholding order in the same manner
prescribed in section 25-505.01 to contest an income withholding order.
D. Notwithstanding sections 23-350 through 23-355, the employer, payor or holder
who receives an income withholding order pursuant to section 25-505.01 or an order of
assignment pursuant to section 25-504 shall withhold the amount specified and transmit
that amount to the support payment clearinghouse immediately.
E. For the purposes of this section, "lump sum payment" includes severance pay,
sick pay, vacation pay, bonuses, insurance settlements, commissions and stock options.
25-506 Order for assignment; foreign support order
A. A petition for an ex parte order for assignment may be filed by an agency based
on an order for support issued by a court or an agency in a state other than this
state. The petition shall include the information required by section 25-504 and the
following documents:
1. A certified copy of the support order with all modifications.
2. A certified copy of an income withholding order, if any, still in effect.
3. A copy of the income withholding law of the jurisdiction that issued the support
order.
4. A sworn statement of arrearages.
5. The assignment of support rights, if any.
B. On receipt of a petition pursuant to subsection A of this section, the clerk of
the court shall enter an order for ex parte assignment. The order for wage assignment is
binding on any employer or payor who is doing business in this state and who employs or
is obligated to make periodic payments to the person owing child support or spousal
maintenance and is subject to this section. Participation in a proceeding under this
subsection does not confer jurisdiction on a court over any of the parties to the
proceeding in any other proceeding. If an obligor does not have periodic earnings,
income or entitlements, the court shall order an assignment against any monies owed to
the obligor or held for the benefit of the obligor. The order of assignment shall direct
the holder of the monies to withhold and pay to the person or agency entitled to receive
the child support the amount necessary to pay the amount ordered by the court.
C. If the obligor seeks to quash the assignment, the attorney general or county
attorney shall immediately notify the petitioning state of the date, time and place of
the hearing and of the obligee's right to attend. The only bases for the obligor to
contest the withholding are that:
1. The withholding is not proper because of a mistake of fact that is not res
judicata.
2. The court or agency that issued the support order lacked personal jurisdiction
over the obligor.
3. The order was obtained by fraud.
4. The statute of limitations precludes enforcement of all or a part of the
arrearages.
D. The court, on request of any party, shall continue the hearing on the motion to
quash to permit evidence relative to the defense to be adduced by either party.
E. On a motion to quash, the court, for good cause, may quash the portion of an
assignment order relating to arrearages without prejudice to the petitioner.
F. The obligation for current child support shall be fully met before any payments
under an order of assignment may be applied to the payment of arrearages. If a person is
obligated to pay child support for more than one family and the amount available for
withholding is not sufficient to meet the total combined child support obligation, any
monies withheld from the obligor's earnings, income, entitlements or other monies shall
be allocated to each family by the employer or payor as follows:
1. The amount of current child support ordered in each case shall be added to
obtain the total child support obligation.
2. The ordered amount in each case shall be divided by the total child support
obligation to obtain a percentage of the total amount due.
3. The amount withheld from the obligor's earnings, income, entitlements or other
monies shall be multiplied by the percentage under paragraph 2 of this subsection to
obtain the amount to be allocated to each family.
25-507 Forms; alternative forms
A. The request for assignment, order of assignment, notices to obligor and
employer, request for hearing and request to adjust or terminate the order of assignment
shall be on forms prescribed by the supreme court and shall be furnished by the clerk of
the superior court as required by law or on request of any obligor, payee or employer.
B. Any party may use documents other than those provided pursuant to this section
if the documents are substantially similar to those prescribed by the supreme court
pursuant to this section.
25-508 Enforcement of support orders; fee prohibition
A. Any judgment, order or decree, whether arising from a dissolution, divorce,
separation, annulment, custody determination, paternity or maternity determination or
dependency proceeding or from a uniform interstate enforcement of support act proceeding
and any interlocutory support award in any such proceeding or in any other proceeding
regarding support that provides for alimony, spousal maintenance or child support may be
enforced as a matter of right by lien, execution, attachment, garnishment, levy,
appointment of a receiver, provisional remedies or any other form of relief provided by
law as an enforcement remedy for civil judgments. An affidavit regarding all payments in
default under the support order, along with a copy of the underlying support order, shall
be filed with the clerk of the superior court along with the appropriate writ,
application, petition or motion.
B. Notwithstanding any law to the contrary, a department of this state or its
political subdivisions shall not charge the department or its agents a fee for performing
an act necessary to enforce a support order as provided by this section.
25-509 Representation by attorney general or county attorney; modification of order by attorney general or county attorney
A. The attorney general or county attorney on behalf of this state may initiate an
action or intervene in an action to establish, modify or enforce a duty of child support,
including medical support, regardless of the welfare or nonwelfare status of the person
to whom the duty of support is owed. The attorney general or county attorney may
establish, modify or enforce such a duty of support by all means available, including all
civil and criminal remedies provided by law. An attorney-client relationship does not
exist between the attorney and an applicant or recipient of child support enforcement
services.
B. This state may initiate an action or may intervene in an action involving child
support. Intervention by the state in an existing action is by unconditional right and
is accomplished by the state filing an entry of appearance.
C. The attorney general or county attorney shall not seek or defend any ancillary
matters, such as custody or parenting time, raised in these proceedings. The attorney
general or county attorney may petition for modification of child support or medical
support for children.
25-510 Receiving and disbursing support and maintenance monies
A. The support payment clearinghouse established pursuant to section 46-441 shall
receive and disburse all monies, including fees and costs, applicable to support and
maintenance unless the court has ordered that support or maintenance be paid directly to
the party entitled to receive the support or maintenance. Within two business days the
clerk of the superior court shall transmit to the support payment clearinghouse any
maintenance and support payments received by the clerk. Monies received by the support
payment clearinghouse in cases not enforced by the state pursuant to title IV-D of the
social security act shall be distributed in the following priority:
1. Current child support or current court ordered payments for the support of a
family when combined with the child support obligation.
2. Current spousal maintenance.
3. The current monthly fee prescribed in subsection D of this section to cover the
cost of handling support or spousal maintenance payments.
4. Past due support reduced to judgment and then to associated interest.
5. Past due spousal maintenance reduced to judgment and then to associated
interest.
6. Past due support not reduced to judgment and then to associated interest.
7. Past due spousal maintenance not reduced to judgment and then to associated
interest.
8. Past due amounts of the fee prescribed in subsection D of this section to cover
the cost of handling support or spousal maintenance payments.
B. In any proceeding under this chapter regarding a duty of support, the records of
payments maintained by the clerk or the support payment clearinghouse are prima facie
evidence of all payments made and disbursed to the person or agency to whom the support
payment is to be made and are rebuttable only by a specific evidentiary showing to the
contrary.
C. At no cost to the clerk of the superior court, the department shall provide
electronic access to all records of payments maintained by the support payment
clearinghouse, and the clerk shall use this information to provide payment histories to
all litigants, attorneys and interested persons and the court. For all non-title IV-D
support cases, the clerk shall load new orders, modify order amounts, respond to payment
inquiries, research payment related issues, release payments pursuant to orders of the
court and update demographic and new employer information. The clerk shall forward
orders of assignment to employers for non-title IV-D support orders. Within five
business days the clerk shall provide to the department any new address, order of
assignment or employment information the clerk receives regarding any support order. The
information shall be provided as prescribed by the department of economic security in
consultation with the administrative office of the courts.
D. The support payment clearinghouse shall receive a monthly fee of two dollars
twenty-five cents to cover the cost of handling support and maintenance payments. The
court shall order payment of the handling fee as part of the order for support or
maintenance. The handling fee shall not be deducted from the support or maintenance
portion of the payment. 25-511.01 Spousal maintenance order; violation; classification
A person who is obligated to pay spousal maintenance pursuant to an order issued by
a court of competent jurisdiction is guilty of a class 1 misdemeanor if the person has
notice of the order and wilfully and without lawful excuse fails to comply with the terms
of that order.
25-511 Failure of parent to provide for child; classification
A. Except as provided in section 25-501, subsection F, any parent of a minor child
who knowingly fails to furnish reasonable support for the parent's child is guilty of a
class 6 felony.
B. It is an affirmative defense to a charge of a violation of subsection A of this
section that the defendant has complied with a valid court order that was in effect for
the time period charged and that set forth an amount of support for the minor child or
was unable to furnish reasonable support. Inability to furnish reasonable support is not
a defense if the defendant voluntarily remained idle, voluntarily decreased his income or
voluntarily incurred other financial obligations.
C. The trier of fact, in determining whether the defendant has failed to furnish
reasonable support, shall consider all assets, earnings and entitlements of the defendant
and whether the defendant has made all reasonable efforts to obtain the necessary
funds. On a showing of previous employment or lack of a physical or mental disability
precluding employment, the trier of fact may infer that the defendant is capable of
full-time employment at least at the federal adult minimum wage. This inference does not
apply to noncustodial parents who are under the age of eighteen and who are still
attending high school.
25-512 Consumer credit reports; use of child support or spousal maintenance obligation information
A. A consumer reporting agency as defined in title 44, chapter 11, article 6 shall
include as part of a consumer report information regarding:
1. A court order or judgment obligating a person to pay child support or spousal
maintenance.
2. A court order for assignment under section 25-323 or 25-504.
3. An income withholding order issued by the department of economic security or its
agent pursuant to section 25-505.01.
B. The state or a person entitled to receive support or spousal maintenance may
provide a consumer reporting agency with a copy of a court order or judgment described in
this section.
C. The department or its agent may provide a consumer reporting agency with
electronic or documentary information that an order or judgment for support or spousal
maintenance exists.
D. The department shall report to a consumer reporting agency the name of an
obligor who is delinquent in the payment of support and the amount of the support owed.
E. The department shall provide written notice to an obligor that it shall report
the amount of the support owed by the obligor to a consumer reporting agency. The
department shall provide this notice by first class mail at the obligor's current
address, or after a reasonable attempt to ascertain the obligor's location, at the
obligor's last known address. The notice shall state the following:
1. The obligor's name and the amount of the arrearage.
2. The address and telephone number of the department or its agent.
3. That the obligor may make a written request to the department or its agent for
an administrative review pursuant to section 25-522 to contest the arrearages within
fifteen days after the date of mailing of the notice.
4. That if the obligor requests an administrative review the department shall not
release the report to the consumer reporting agency until a final determination has been
made at the administrative review.
5. That if an obligor requests an administrative review, the issues at the
administrative review shall be limited to whether the obligor is required to pay child
support, whether the obligor is in arrears and the amount of current support and arrears.
6. That if the obligor does not respond to the notice, the department shall send
the report to the consumer reporting agency.
25-513 Employer cooperation; violation; classification
A. On written request delivered by first class mail to an employer, payor or
self-employed person by the department or its agent or the child support enforcement
entity of any other state or its agent that administers a child support enforcement
program as required by title IV-D of the social security act or by either party to a
proceeding for support or maintenance, the employer, payor or self-employed person to
whom the request is directed within twenty days of delivery shall notify the requesting
party of the following information that the employer, payor or self-employed person
possesses concerning the person who is obligated to pay support or maintenance or against
whom this obligation is sought or to whom this obligation is owed:
1. Complete name.
2. Social security number.
3. Date and place of birth.
4. Present and past employment status.
5. Earnings, income, entitlements or other monies without regard to source.
6. Current or last known address.
7. Assets.
8. Availability and description of present or previous health insurance coverage
for a dependent child.
9. Health insurance benefits paid or applied for under a health insurance policy
for a dependent child.
10. Other benefits, including disability payments or payments made pursuant to a
pension or retirement program.
B. The information required pursuant to subsection A, paragraphs 5, 7, 8, 9 and 10
shall not be requested or provided unless paternity has been established.
C. If any legal action is necessary for the requesting party to obtain the
information requested pursuant to subsection A, the requesting party is entitled to
receive costs and attorney fees from the employer, payor or self-employed person who
fails to cooperate as prescribed in subsection A.
D. A party shall not request or receive address information protected by an order
of protection, an injunction against harassment or any other court order in a domestic
violence matter. The employer, payor or self-employed person is not required to
determine whether an order of protection, an injunction against harassment or any other
court order in a domestic violence matter exists before releasing the information
requested pursuant to subsection A.
E. A party other than the department or its agent or the child support enforcement
entity of any other state or its agent that administers a child support enforcement
program as required by title IV-D of the social security act may make a request for
information pursuant to this section not more than once in any three month period.
F. A party may request and obtain information pursuant to subsection A only for the
following purposes:
1. To identify and locate a person who is under an obligation to pay support.
2. To identify and locate a person against whom an obligation is sought.
3. To identify and locate a person to whom an obligation is owed.
4. To identify and locate information pursuant to subsection A, paragraphs 5, 7, 8,
9 and 10 relating to a person who is obligated to pay support.
G. A party who requests or obtains information pursuant to subsection A for
purposes other than those prescribed in subsection F is guilty of a class 1 misdemeanor.
25-514 Priority of action and judgments
Except as otherwise provided by statute, actions pursuant to this article shall be
given priority over all other civil actions. Except for judgments foreclosing or
enforcing prior recorded mortgages, deeds of trust, contracts or conveyance of real
property, security agreements, or other liens or encumbrances upon real or personal
property created by the property owner a judgment resulting from an action brought for
enforcement of child support has priority over all other judgments. Such priority shall
not arise until a certified copy of the child support judgment is recorded with the
county recorder.
25-516 Lien; notice; priority; recording; reciprocity
A. Notwithstanding section 25-514, in a title IV-D case if a person obligated to
pay child support is in arrears for an amount equal to at least two months' child
support, the unpaid amounts constitute a lien by operation of law on all property
presently owned and later acquired by the obligor. The department may perfect a lien by
filing a notice of lien with the county recorder in the county in which the obligor has
property or with a state agency or a political subdivision of this state that files
personal property liens for recording on its official record. The notice of lien
recorded under this section shall specify the nature of the debt, the amount, and the
name and last known address of the obligor. A liquidated judgment is not required to
establish a lien. Recordation is constructive notice of the lien to the creditors of the
owner or subsequent purchasers, against the personal or real property presently owned or
later acquired. The lien has priority over other liens against this property except for
liens arising from mortgages, deeds of trust, contracts, conveyances or security
agreements created by the property owner and previously recorded or filed.
B. The department shall notify an obligor who is at least two months in arrears in
making child support payments, periodic payments on a support arrearage or periodic
payments pursuant to a court order of support that a notice of lien may be filed against
the obligor. The department shall notify the obligor by first class mail at the
obligor's current address, or after a reasonable attempt to ascertain the obligor's
location, at the obligor's last known address. The notice shall state the following:
1. The obligor is at least two months in arrears in making child support payments.
2. The obligor may request in writing an administrative review to contest the
arrears pursuant to section 25-522.
3. The obligor may request in writing an administrative review within fifteen days
from the date of mailing of the notice.
4. If the obligor requests an administrative review, the department shall stay
further action until a determination has been made at the administrative review.
5. If the obligor fails to respond to the notice, the department shall file a
notice of lien against the obligor.
6. The address and telephone number of the department.
7. The obligor may request a copy of the order.
C. If an obligor fails to respond to the notice within fifteen days from the date
of mailing, the department shall send the obligor a second notice by first class
mail. The second notice shall include the information under subsection B of this section
and shall state the following:
1. If the obligor fails to contact the department within fifteen days from the date
of mailing of the second notice, a notice of lien shall be filed against the obligor.
2. This is the final notice the obligor will receive.
D. If the obligor requests an administrative review pursuant to this section, the
department shall determine whether to proceed with filing the notice of lien based on
whether the obligor is required to pay child support, whether the obligor is in arrears,
and any other information relevant to the case. The decision of the department shall be
in writing, and the department shall provide a copy to the obligor.
E. If the department determines that the obligor is at least two months in arrears
and determines at the administrative review to record a notice of lien against the
property of the obligor or if the obligor fails to respond to the second notice, a notice
of lien shall be recorded and a copy sent to the obligor by certified mail.
F. The department may, at any time, release the property subject to the lien from
the lien. Notice by the department to the effect that the property had been released
from the lien is conclusive evidence that the property had been released. If any lien
imposed pursuant to this section is satisfied and a notice of lien has been recorded, the
department shall issue a release of the lien to the obligor against whom the lien was
claimed. The department shall record the lien release in any county, agency or political
subdivision where the original lien was recorded.
G. This state shall give a lien recorded in another state full faith and credit if
the state agency, party or other entity seeking to enforce the lien complies with the
notice requirements of this section and records the lien pursuant to the applicable laws
of this state.
25-517 Title IV-D agency; license suspension; notice
A. The department or its agent shall notify an obligor who is at least two months
in arrears in making child support payments, periodic payments on a support arrearage or
periodic payments pursuant to a court order of support or who has failed to comply with a
child support subpoena or a child support arrest warrant that the obligor may be referred
to court for a hearing to suspend or deny the obligor's driver license, professional or
occupational license or recreational license. The department or its agent shall notify
the obligor by first class mail at the obligor's current address, or after a reasonable
attempt to ascertain the obligor's location, at the obligor's last known address. The
notice shall state the following:
1. The obligor has wilfully failed to pay child support, wilfully continues to do
so and is at least two months in arrears in making child support payments or has failed
without reasonable cause to comply with a child support subpoena or a child support
arrest warrant.
2. The obligor may request in writing an administrative review conducted pursuant
to section 25-522 to contest the matter within fifteen days from the date of mailing of
the notice.
3. If the obligor requests an administrative review, the department or its agent
shall stay the action to refer the obligor to court for the suspension or denial of the
obligor's professional, occupational, recreational or driver license.
4. If the obligor fails to respond to the notice, the department or its agent shall
refer the obligor to court for license suspension or denial pursuant to section 25-518.
5. The address and telephone number of the department.
6. The obligor may request a copy of the child support order.
B. If an obligor fails to respond to the notice in subsection A of this section
within fifteen days after the date of mailing, the department or its agent shall send the
obligor a second notice. The second notice shall include the information under
subsection A of this section and shall state the following:
1. If the obligor fails to contact the department or its agent within fifteen days
after the date of mailing of the second notice, the obligor's license shall be suspended.
2. This is the final notice the obligor will receive.
C. If an obligor requests an administrative review pursuant to this section, the
issues at the review shall be limited to whether the obligor is required to pay child
support and is in arrears or whether the obligor has failed without reasonable cause to
comply with a child support subpoena or a child support arrest warrant. The department
or its agent shall not refer the obligor to court unless the department or its agent
determines that the obligor is at least two months in arrears or has failed without
reasonable cause to comply with a child support subpoena or a child support arrest
warrant. The department or its agent shall make this decision in writing and shall
provide a copy to the obligor.
D. If the department or its agent determines that the obligor is either at least
two months in arrears, has failed without reasonable cause to comply with a child support
subpoena or a child support arrest warrant or has failed to respond to the second notice,
the department shall refer the obligor to court for license suspension pursuant to
section 25-518.
25-518 Child support arrearage; license suspension; hearing; definition
A. A court shall send a certificate of noncompliance to the board or agency
ordering the suspension or denial of a license if the court finds from the evidence
presented at a hearing to enforce a child support order that the obligor:
1. Wilfully failed to pay child support and after notice pursuant to section
25-517, subsection A continues to wilfully fail to pay child support and is at least two
months in arrears.
2. Failed without reasonable cause to comply with a child support subpoena.
3. Failed without reasonable cause to comply with a child support arrest warrant.
B. On petition or motion the court shall hold a review hearing to determine if the
obligor has come into compliance with the support order, a child support subpoena or a
child support arrest warrant. If the obligor establishes at the review hearing that the
obligor is in compliance with the support order, a court ordered plan for payment of
arrearages, a child support subpoena or a child support arrest warrant, the court shall
send a certificate of compliance to the board or agency. Except for licenses issued under
title 17, the obligor may then apply for license reinstatement and shall pay all
applicable fees.
C. In a title IV-D case, the department or its agent may file with the clerk of the
superior court an affidavit indicating that the obligor is in compliance with the support
order or the child support obligation. Within five business days after the affidavit is
filed, the clerk shall send a notice of compliance to the obligor by first class mail.
The clerk shall send a copy of the notice of compliance to the department and the
licensing board or agency.
D. An obligee may petition the court for an order to suspend the driver,
professional, occupational or recreational license of an obligor who is at least two
months in arrears on a child support obligation if the obligee complies with the notice
requirements of this section. The court may act on this petition in the same manner it
acts on other petitions filed under this section.
E. The obligee shall provide notice to the obligor as provided in subsection F of
this section. The notice shall state the following:
1. The obligee is entitled to receive child support payments and the monthly
amount.
2. The obligor is in arrears in making child support payments and the amount of the
arrearages.
3. The obligee intends to petition the court for a license suspension hearing.
4. The driver, professional, occupational or recreational license of the obligor
may be suspended or denied if the court finds that the obligor is at least two months in
arrears and has wilfully failed to pay child support.
F. The obligee shall attach a copy of the order of support to the notice. The
obligee shall serve the notice by first class mail.
G. Except for licenses issued under title 17, the board or agency shall suspend or
deny the license of the licensee within thirty days after receiving the notice of
noncompliance from the court. The board or agency shall not lift the suspension until the
board or agency receives a certificate of compliance from the court. Notwithstanding
section 41-1064, subsection C and section 41-1092.11, subsection B, the board or agency
is not required to conduct a hearing. The board or agency shall notify the department in
writing or by any other means prescribed by the department of all suspensions within ten
days after the suspension. The information shall include the name, address, date of birth
and social security number of the licensee and the license category.
H. A certificate of noncompliance without further action invalidates a license to
take wildlife in this state and prohibits the obligor from applying for a license issued
by an automated drawing system under title 17. The court shall send a copy of the
certificate of noncompliance to the department of economic security, and the department
of economic security shall notify the ARIZONA game and fish department of all obligors
against whom a notice of noncompliance has been issued and who have applied for a license
issued by an automated drawing system.
I. For the purposes of this section, "license" means any license, certificate,
registration or other authorization that:
1. Is issued by a board or agency.
2. Is subject before expiration to suspension, revocation, forfeiture or
termination by the issuing board or agency.
3. A person must obtain to:
(a) Practice or engage in a particular business, occupation or profession.
(b) Operate a motor vehicle.
(c) Engage in activities requiring a license pursuant to title 17.
25-519 Regulatory entities; suspension of license
The following are subject to the requirements of section 25-518:
1. All boards established under title 32.
2. The superintendent of financial institutions.
3. The registrar of contractors.
4. The department of public safety.
5. Boards and agencies that provide occupational, recreational and professional
licenses or certificates pursuant to titles 3, 4, 5, 6, 8, 15, 17, 20, 36 and 41 and
title 28, chapter 8.
25-520 Child support enforcement; administrative subpoena; civil penalty
A. In a title IV-D case the department or its agent may issue a subpoena to a
person or entity believed to have information needed for the establishment of paternity
or the establishment, modification or enforcement of a child support order, requiring
appearance before the department or its agent and the production of all records or
documents related to an investigation or child support proceeding.
B. The subpoena shall be served in the manner provided under applicable law or
rules of procedure for the service of subpoenas in a civil action.
C. A person or entity that, without reasonable cause, fails to comply with the
subpoena or that wilfully gives false information is subject to a civil penalty of not
more than two hundred fifty dollars for each violation.
D. A civil penalty imposed by the department pursuant to subsection C of this
section is subject to court review if the person or entity requests a review within
fifteen business days after the department imposes the penalty.
E. A civil penalty imposed by the department on an obligor pursuant to this section
may be referred to credit reporting agencies for up to seven years after the date of the
order that imposed the penalty or until collected. The department shall not take this
action until the time for a court review pursuant to subsection D of this section has
elapsed.
F. A civil penalty imposed by the department operates as a final judgment without
further action by the department. The department may collect the penalty through all
available civil remedies. A civil judgment accrues interest pursuant to section 44-1201.
G. The department shall deposit, pursuant to sections 35-146 and 35-147, monies
collected under this section in the state general fund.
25-521 Levy; seizure of property for collection of support debt; definitions
A. If there is a court ordered judgment or if the obligor is in arrears in an
amount equal to twelve months of support, the department may issue a levy and collect the
amount owed by the obligor by levy on all property and rights to property not exempt
under federal or state law.
B. The levy extends only to property possessed and obligations existing at the time
of service or within twenty-one days thereafter, except as to an account held in a
financial institution in which case the levy extends only to property possessed and
obligations existing at the time of service. On receipt of a notice of levy, a person in
possession of property or an interest in property subject to levy shall seize and hold
nonexempt property until that person receives from the department a notice of surrender
of property or a notice of release of levy. Within three days after receipt, the person
served with the notice of levy shall notify the obligor and any other individual or
entity known or believed to have an interest in the property that a levy has
occurred. The notice shall specify the amount demanded and shall contain, in the case of
a seizure of personal property, an account of the property levied on, and in the case of
real property, a description with reasonable certainty of the property levied on. The
person served with the levy, the obligor or other persons known or believed to have an
interest in the property may make a written request for an administrative review to
contest the levy within fifteen days after the date of mailing of the notice. The
administrative review shall be conducted pursuant to section 25-522, subsection D. The
administrative review shall include a determination of the interest of the obligor in the
property subject to levy, including the obligor's contributions to any property held by
the community. If the request for administrative review is based on a mistake in
identity, the department shall conduct the review within two business days. The
administrative review shall be conducted pursuant to section 25-522, subsection E.
C. Any person in possession of property, or obligated with respect to property or
rights to property subject to levy, on which a levy has been made, on demand by the
department shall surrender the property or right to property to the department.
D. A person who fails or refuses to surrender any property or rights to property,
subject to levy, on demand by the department, is liable in an amount equal to the value
of the property or rights to property not surrendered, but not exceeding the amount of
the past due support for which the levy has been made.
E. If any property or right to property on which a levy has been made under
subsection A of this section is not sufficient to satisfy the claim of the department,
the department, as often as necessary, may proceed to levy in like manner on any other
property subject to levy of the obligor owing support, until the amount due is paid in
full.
F. In any case in which the department may levy on property or rights to property,
the department may seize and sell the property or rights to the property whether real or
personal, tangible or intangible in the manner prescribed by law. Except as otherwise
provided by this section, the notice of sale and sale of property seized by the
department shall be conducted in the manner and the time provided in title 12, chapter 9,
article 7, relating to the sale of property under execution. Real property may be
redeemed in the manner provided by title 12, chapter 8, article 11. The department shall
notify the obligor of the date, time and location of the sale. The notice shall be given
in person, left at the dwelling or usual place of business of the obligor or sent by
first class mail to the obligor's last known address, at least ten days before the day of
the sale. If the property or right to property is perishable, the department shall give
notice of the sale to the obligor in the manner and within the time limits that are
reasonable considering the character and condition of the property.
G. A person who is in possession of or obligated with respect to property or rights
to property subject to levy on which a levy has been made and who, on demand by the
department, surrenders the property or rights to property to the department is discharged
from any obligation or liability to the obligor with respect to the property or rights to
property from the surrender on payment.
H. A levy issued pursuant to this section has the same force and effect as a writ
of garnishment, execution or attachment issued by the superior court.
I. For purposes of this section:
1. "Account" means a demand deposit account, checking or negotiable withdrawal
order account, savings account, time deposit account or money market mutual fund account.
2. "Levy" includes the power to restrain and seize by any legal means.
3. "Person" includes an individual or an officer, employee or agent of a
corporation, an officer, employee or elected official of this state or its political
subdivisions, or any agency or instrumentality of this state or the federal government or
its political subdivisions, or a member or employee of a partnership, who as such
officer, employee, agent, elected official or member is under a duty to surrender the
property or rights to property, or to discharge the obligation.
25-522 Administrative review; notice; determination; judicial review; definitions
A. An obligor may contest an enforcement action by the department or its agent by
filing a request for administrative review. An obligee may contest the distribution or
disbursement of support payments by the department or its agent by filing a request for
administrative review. The obligor, the obligee or the caretaker may contest the
disbursement of support to a noncustodial person other than the state by filing a request
for administrative review pursuant to section 46-444. The request shall be in writing,
shall be signed by the requesting party, shall include a residential and mailing address
and may be transmitted electronically. The request shall state the basis for the dispute
and shall include any relevant information to assist the department or its agent,
including a copy of any order issued, documentation of support payments made and any
notice sent by the department or its agent.
B. Within ten business days after receipt of the request for review, the department
or its agent shall send a notice of acknowledgment of receipt of request for
administrative review to the person filing the request and shall specify any additional
information the department or its agent requires to complete the review. The department
or its agent on its own initiative may also request any other additional information it
deems necessary to make its determination. The department or its agent shall also notify
the obligee of the obligor's request for review of enforcement actions.
C. Except for obligee complaints made under section 46-408 as to distribution of
support, the department or its agent shall issue a written determination within
forty-five business days after sending the notice of acknowledgment of receipt of request
for administrative review, or if additional information is required, forty-five business
days after receipt of this information. If additional information is not received from
the requesting party or another person within thirty business days after the date of the
department's or the agent's request for additional information, the department shall
issue a final written determination within ten business days after the due date for
receipt of the additional information based on the available information. The final
determination shall be in writing, and a copy shall be served on all parties by first
class mail.
D. Notwithstanding subsections B and C of this section, if the basis for the
request for review is issuance of an income withholding order by the department pursuant
to section 25-505.01 or a levy made pursuant to section 25-521, the department shall
review the request and issue a final determination within ten business days after it
receives the request for review. The department shall send a copy of the final
determination by first class mail to all parties.
E. Notwithstanding subsections B, C and D of this section, if the basis for the
request for review is a mistake in identity pursuant to section 25-521, the department
shall issue a final determination by first class mail to all parties within two business
days after the receipt of the request. The request shall include adequate documentation
to affirm the mistake in identity.
F. A department determination made pursuant to this section is subject to judicial
review under title 12, chapter 7, article 6 except that an appeal by an obligee of a
department determination made pursuant to this section regarding the distribution of
support payments shall be made pursuant to title 41, chapter 14, article 3.
G. For purposes of this section:
1. "Business day" means a day on which state offices are open for regular business.
2. "Department" includes the department's agent.
3. "Enforcement action" means an action taken by the department to:
(a) Suspend or deny a license.
(b) Issue a notice of lien against real or personal property.
(c) Issue a notice of levy against assets held by or on behalf of an obligor.
(d) Issue an income withholding order or order to modify or terminate an income
withholding order.
(e) Report an obligor to a consumer reporting agency.
(f) Issue a medical support notice of enrollment prescribed by the United States
secretary of health and human services.
(g) Offset federal payments.
(h) Disburse support to a caretaker.
25-523 Financial institutions data match; nonliability; prohibited disclosure; liability; civil liability; definition
A. The department shall enter into agreements with financial institutions that
conduct business in this state to develop and operate a data match system to assist the
department in the establishment, modification and enforcement of child support
orders. The data match system shall use automated data exchange procedures to the
maximum extent possible.
B. Data exchanges between financial institutions and the department shall occur
quarterly and shall include the name, record address, social security number or other
taxpayer identification number and any other identifying information for each obligor who
maintains an account at the institution and who owes past due support as identified by
the department by name and social security number or other taxpayer identification
number.
C. Notwithstanding any law to the contrary, a financial institution is not subject
to civil liability for disclosing to the department or its agent a person's financial
record pursuant to this section or any acts of omission that are inadvertent and made in
good faith.
D. The department and its agent and any state, its agent or political subdivision
that administers a child support enforcement program pursuant to title IV-D of the social
security act and that obtains a person's financial records may disclose this information
only as is necessary to establish, modify or enforce the person's child support
obligation.
E. An employee of the department, its agent or any state or political subdivision
that administers a child support enforcement program pursuant to title IV-D of the social
security act, who knowingly or negligently discloses a person's financial records in
violation of subsection D is subject to civil liability in an amount equal to the greater
of either:
1. One thousand dollars for each act of unauthorized disclosure of a financial
record with respect to which the defendant is found liable.
2. The sum of the actual damages sustained by the plaintiff as a result of the
unauthorized disclosure and, in the case of a wilful disclosure or a disclosure that is
the result of gross negligence, punitive damages, including costs and attorney fees.
F. The department may pay a reasonable fee to a financial institution for
conducting a data match. The fee shall not exceed the actual costs incurred by the
financial institution.
G. For purposes of this section "financial institution" means state and federally
chartered banks, trust companies, federal and state savings and loan associations,
federal and state credit unions, consumer lenders, international banking facilities and
financial institution holding companies, insurance companies, benefit associations, safe
deposit companies, money market mutual funds and similar institutions authorized to do
business in this state and any party affiliated with these financial institutions.
25-524 Financial institutions; surrender of assets; nonliability
A. On receipt of a notice of lien or levy a financial institution shall encumber or
surrender, as appropriate, assets held by the institution on behalf of an obligor.
B. Notwithstanding any law to the contrary, a financial institution is not subject
to civil liability for encumbering or surrendering any assets held by the financial
institution in response to a notice of lien or levy issued by the department or for any
action taken in good faith to comply with this section.
C. The remedy provided in this section is limited to collection of past due
support.
25-525 Administrative enforcement; interstate cases; definition
A. The department or its agent shall respond promptly to a request made by a title
IV-D agency in another state to enforce a support order. The department shall use high
volume automated administrative enforcement to the same extent as used for intrastate
cases in response to a request made by a title IV-D agency in another state to enforce
support orders and shall promptly report the results of the enforcement procedure to the
requesting state.
B. The department or its agent may transmit a request to a title IV-D agency in
another state for assistance, by electronic or other means, in a child support case
involving the enforcement of a support order by high volume automated administrative
enforcement. The department shall include information necessary to enable the state to
which the request is transmitted to compare the case information with information
contained in that state's data base. The department's request shall constitute a
certification of the amount of arrears under the support order and a certification that
the department has complied with all procedural due process requirements in the case.
C. If the department or its agent provides assistance to a title IV-D agency in
another state pursuant to this section, the department shall not consider the case to be
transferred to the caseload of the other state.
D. The department shall maintain records of the number of requests for assistance
received by the department or its agent, the number of cases for which the department or
its agent collects support and the amount of support collected in cases pursuant to this
section.
E. For the purposes of this section, "high volume automated administrative
enforcement" means the use of automatic data processing to search various state data
bases to determine if information is available regarding a parent who owes a child
support obligation.
25-526 Child support enforcement information; internet posting
The department of economic security division of child support enforcement shall post
information on the internet on a quarterly basis that identifies no fewer than ten
nonpayors of child support on whom arrest warrants have been issued pursuant to section
25-681. The information shall include a photograph of each of these persons.
25-527 Child support; overpayment; reimbursement
A. An obligor whose obligation to pay support has terminated may file a request for
reimbursement against the obligee for support payments made in excess of the amount
ordered. The obligor must file the request with the clerk of the superior court within
twenty-four months after the termination of the obligation.
B. The court may enter a judgment for reimbursement against the obligee if the
court finds that the obligor's obligation to pay support has terminated and that all
arrearages and interest on arrearages have been satisfied. The court shall send a copy of
the judgment to the department or its agent for title IV-D cases.
C. The obligee must pay the judgment directly to the obligor and not through the
clerk of the superior court or the support payment clearinghouse.
D. A judgment entered pursuant to this section does not constitute a support
judgment and is enforceable only in the same manner as a civil judgment.
25-531 Definitions
In this article, unless the context otherwise requires:
1. "Court or administrative order" means a court or administrative agency ruling
that requires a parent to provide support for that parent's child.
2. "Health insurance coverage" means fee for service, health maintenance
organization, preferred provider organization and other types of coverage under which
medical services could be provided to the dependent children of a noncustodial parent.
3. "State IV-D agency" means the department or any other agency that is authorized
to administer services of the child support enforcement program pursuant to the
requirements of title IV-D of the social security act.
25-532 Enrollment of child
A. An insurer shall not deny a child enrollment under the health plan of the
child's parent for any of the following reasons:
1. The child was born out of wedlock.
2. The child is not claimed as a dependent on the parent's federal or state tax
return.
3. The child does not reside with the parent or in the insurer's service area. If
the child resides in another state the insurer may vary the premium and policy provisions
to account for benefit levels and experience in that state.
B. If the child has health coverage through an insurer of the noncustodial parent
the insurer shall:
1. Provide any information to the custodial parent that may be necessary for the
child to obtain benefits through the custodial parent's insurer.
2. Permit the custodial parent or the provider with the custodial parent's approval
to submit claims for covered services without the approval of the noncustodial parent.
3. Make payments on claims that are submitted pursuant to paragraph 2 of this
subsection directly to the custodial parent, the provider or the state IV-D agency.
25-533 Insurer obligations
A. If a court or administrative order requires a parent to provide health coverage
for a child and the parent is eligible for family coverage, the insurer shall:
1. Permit the parent to enroll the child under the family coverage if the child is
otherwise eligible for the coverage without regard to any enrollment season restrictions.
2. If the parent is enrolled in family coverage but fails to enroll the child,
enroll the child under the family coverage on the application of the child's other parent
or the state IV-D agency.
3. Not refuse to enroll or terminate the coverage of the child unless the insurer
receives satisfactory written evidence that one of the following applies:
(a) The court or administrative order is no longer in effect.
(b) The child will be enrolled in comparable health coverage through another
insurer and that coverage will take effect not later than the effective date of the
termination of coverage.
(c) The employer has eliminated family health coverage for all of its employees.
(d) Nonpayment of premium.
B. An insurer shall not impose any additional requirements on state agencies or the
other parent that are different from the requirements the insurer imposes on all other
agents or assignees. An insurer shall provide the state or the other parent with
enrollment information and shall process the claims from and make payments to the state,
the other parent or the other parent's provider.
25-534 Employer obligations
A. If a court or administrative order requires a parent to provide health insurance
coverage that is available through an employer doing business in this state, the employer
shall:
1. Allow that parent to enroll the child in the family coverage if the child is
otherwise eligible for that coverage without regard to any enrollment season
restrictions.
2. If the parent is enrolled in family coverage but fails to enroll the child,
enroll the child under the family coverage on the application of the child's other
parent, the child's legal guardian or the state IV-D agency.
3. Not allow the employee to refuse to enroll or to terminate the coverage of the
child unless the employee provides the employer with written proof that the court or
administrative order is no longer in effect or that the child is enrolled in comparable
health insurance coverage and that coverage will take effect not later than the effective
date of the termination of coverage.
4. Withhold the employee's share, if any, of health insurance premiums from the
employee's compensation and pay those premiums to the insurer. The amount withheld from
the employee's compensation shall not exceed the maximum amount permitted pursuant to
section 33-1131.
B. If the employer offers more than one plan, the child shall be enrolled in the
plan in which the child's parent is enrolled or, if the parent is not enrolled in a plan,
in the least costly plan that is otherwise available to the parent.
C. During the time that the medical support order is in effect, the parent's
employer shall release to the state IV-D agency or on request from the other parent any
necessary information relating to the health insurance coverage of the parent, including
the name and address of the insurer, the policy number and the names of the insured.
D. Notwithstanding any other law, any information that is reported pursuant to this
section for the enforcement of an order for medical insurance coverage shall be released
to the state IV-D agency or the other parent.
E. If an order for medical insurance coverage is in effect and the employment or
insurance coverage is terminated or the carrier is changed, within ten days after the
change the employer shall notify the state IV-D agency and the other parent of the change
and of the last day on which health insurance coverage is effective and of any conversion
privileges that may be available.
25-535 Enforcement of health insurance coverage; medical support notice; administrative review
A. In a title IV-D case, a parent who is required by an administrative or court
order to provide health insurance coverage for a child shall provide the department or
its agent with the name of the health insurance coverage plan under which the child is
covered, the effective date of the coverage, a description of the coverage, the name of
the employer and any other necessary information, forms or documents related to the
health insurance coverage as provided to all new members within thirty days after the
support order is established.
B. If an administrative or court order requires a parent to obtain health insurance
coverage for the parent's child, the department or its agent may deliver by first class
mail to the obligated parent's employer a medical support notice to enroll the child in
an insurance program as prescribed by that order. The department or its agent shall use
the medical support notice to enroll prescribed by the United States secretary of health
and human services pursuant to 42 United States Code section 651. The employer shall
deliver or mail by first class mail or by electronic means a copy of the medical support
notice to enroll to the obligated parent within ten days after the employer receives the
notice. The notice serves to enroll the child in the obligated parent's health insurance
coverage plan. That parent may contest the notice by filing a written request for an
administrative review within ten days after the parent receives a copy of the notice from
the employer. The department shall conduct an administrative review pursuant to section
25-522. If a parent contests the notice, the department or its agent shall notify the
employer by first class mail or electronic means that the parent has contested the
medical support notice to enroll. The employer shall send the employee contributions
until the department notifies the employer to cease withholding. An administrative review
is limited to determining if:
1. Medical support is unlawful or inconsistent with an administrative or court
order.
2. A mistaken identity exists.
3. The responsible party pursuant to the order provides alternative coverage.
C. If an employee on whom an income withholding order or order of assignment and
notice is served is a new employee who is entered into the state directory of new hires
pursuant to section 23-722.01, the department or its agent shall provide the medical
support notice to enroll to the obligated parent's employer within two days after the
date of entry in the state directory of new hires unless the responsible party pursuant
to the order provides alternative coverage.
D. If the obligated parent who is required by a court or an administrative order to
obtain health insurance coverage changes employment and the new employer is known to the
department or its agent, the department or its agent shall use the medical support notice
to enroll to transfer notice to the new employer. Within thirty days after the obligated
parent changes employment the obligated parent shall provide the department or its agent
with the name of the health insurance coverage plan under which the child is covered, the
effective date of the coverage, a description of the coverage, the name of the employer
and any other necessary information, forms or documents related to the health insurance
coverage as provided to all new members. Within twenty business days after it receives
the medical support notice to enroll the employer shall transfer the notice to the
appropriate health insurance plan that provides coverage for which the child is eligible.
E. A medical support notice to enroll has the same effect as an enrollment
application that is signed by the parent.
F. If the employer does not have existing dependent coverage when it receives the
medical support notice to enroll, the employer is not required to create this coverage.
The employer shall notify the department or its agent of this fact within ten days after
receiving the medical support notice to enroll.
25-551 Clerk of the court
The clerk of the court may provide services to assist a person to collect spousal
maintenance. These services may include providing information regarding collection and
enforcement procedures, providing assistance in the preparation of forms and instructions
necessary to initiate an enforcement action and providing information and referrals
regarding services related to spousal maintenance and debt collection and enforcement.
25-552 Jurisdiction; priority of action
A. The superior court has original jurisdiction in proceedings brought by this
state or a person who is owed spousal maintenance to establish, enforce or modify a
spousal maintenance obligation.
B. Notwithstanding any other statute, actions pursuant to this article have
priority over all other civil actions except for child support actions pursuant to
section 25-514 or judicial authorization pursuant to section 36-2152.
25-553 Request for arrearages; deadline
A. The person to whom the spousal maintenance obligation is owed may file a request
for judgment for spousal maintenance arrearages not later than three years after the date
the spousal maintenance order terminates. In that proceeding there is no bar to
establishing a money judgment for all of the unpaid spousal maintenance arrearages.
B. Notwithstanding any other law, formal written judgments for spousal maintenance
and for associated costs and attorney fees are exempt from renewal and are enforceable
until paid in full.
C. If termination of the spousal maintenance order is disputed, this section shall
be liberally construed to effect its intention of diminishing the limitation on the
collection of spousal maintenance arrearages.
25-681 Child support arrest warrant; definition
A. In any action or proceeding pursuant to section 25-502, on motion of a party or
on its own motion the court may issue a child support arrest warrant if the court finds
that all of the following apply to the person for whom the warrant is sought:
1. The person was ordered by the court to appear personally at a specific time and
location.
2. The person received actual notice of the order, including a warning that the
failure to appear might result in the issuance of a child support arrest warrant.
3. The person failed to appear as ordered.
B. The judicial officer shall order the child support arrest warrant and the clerk
shall issue the warrant. The warrant shall contain the name of the person to be arrested
and other information required to enter the warrant in the ARIZONA criminal justice
information system. The warrant shall command that the named person be arrested and
either remanded to the custody of the sheriff or brought before the judicial officer or,
if the judicial officer is absent or unable to act, the nearest or most accessible
judicial officer of the superior court in the same county. A warrant that is issued
pursuant to this section remains in effect until it is executed or extinguished by the
court.
C. The court shall determine and the warrant shall state the amount the arrested
person shall pay in order to be released from custody.
D. A facsimile of the judicial officer's signature that is applied to the warrant
at the direction and under the supervision of the judicial officer is deemed to be the
authorized signature of the judicial officer.
E. For the purposes of this article, "child support arrest warrant" means an order
that is issued by a judicial officer in a noncriminal child support matter and that
directs a peace officer in this state to arrest the person named in the warrant and bring
the person before the court.
25-682 Time and manner of execution; information
A. A child support arrest warrant is executed by the arrest of the person named in
the warrant. The warrant may be executed at any time.
B. When making an arrest pursuant to a child support arrest warrant, the arresting
officer shall inform the person named in the warrant that the arresting officer has a
child support arrest warrant unless:
1. The named person flees or forcibly resists before the arresting officer has an
opportunity to inform the named person.
2. Providing this information will imperil the arrest.
C. In order to execute a child support arrest warrant, the arresting officer may
use reasonable force to enter any building in which the person named in the warrant is or
is reasonably believed to be.
D. The arresting officer does not have to possess the warrant at the time of the
arrest. If after the arrest the arrested person requests to see the warrant, the
arresting officer shall show the arrested person a copy of the warrant as soon as
practicable.
E. The arrested person shall be brought before the issuing judicial officer as soon
as possible or, if that judicial officer is absent or unable to act, the nearest or most
accessible judicial officer of the superior court in the same county. In any event, the
arrested person shall be brought before a judicial officer of the superior court in the
issuing county or the county of arrest within twenty-four judicial business hours of the
execution of the warrant. If the person is arrested in a county other than the county in
which the warrant was issued, the arresting officer shall notify the sheriff and the
local title IV-D agency, if applicable, in the county in which the warrant was issued
that the person has been arrested. As soon as practicable, the sheriff of the county in
which the warrant was issued shall take custody of and transport the arrested person to
the issuing judicial officer or a judicial officer of the superior court in the county in
which the warrant was issued. If the arrested person is not taken into custody and
transported within seventy-two hours after arrest, the arrested person shall be released
and issued a written notice directing the arrested person to appear at a specified date
and time in the superior court in the county in which the warrant was issued. The notice
shall have the same force and effect as an order of the superior court. The notice shall
state that if the arrested person fails to appear as directed a child support arrest
warrant may be issued. A copy of this notice shall be sent to the court and the local
title IV-D agency, if applicable, in the county in which the warrant was issued.
25-683 Procedure after arrest; payment for release from custody
A. When a person who is arrested pursuant to a child support arrest warrant is
brought before the court, the judicial officer shall advise the arrested person of the
nature of the proceedings and shall set a date for the next court appearance. The
arrested person may be released from custody pending the hearing if the arrested person
pays the amount set by the court pursuant to section 25-681 or a larger amount as the
court determines. The court shall not reduce the amount ordered to be paid. The
arrested person shall not be released from custody without paying the amount unless the
court finds in writing or on the record that a compelling reason exists to release the
arrested person. Monies received pursuant to this subsection shall be deposited and
credited pursuant to section 25-502, subsection I.
B. If the arrested person pays the full amount set forth in the warrant before the
arrested person is brought before a judicial officer, the arrested person may be released
after receiving a notice to appear in the superior court in the county in which the
warrant was issued pursuant to the procedure prescribed in section 25-682, subsection
E. If the arrested person fails to appear as directed, a child support arrest warrant
may be issued.
C. The arresting agency shall forward all amounts that are paid by the arrested
person for release pursuant to this subsection to the clerk of the superior court in the
county in which the warrant was issued or the support payment clearinghouse for deposit
and credit pursuant to section 25-502, subsection I.
25-684 Preexisting warrants
A civil arrest warrant that is issued before the effective date of this section for
the failure to appear in a child support enforcement proceeding under this chapter or
chapter 3 of this title automatically becomes a child support arrest warrant after the
effective date of this section. This article applies to all procedures under the
warrant, unless the agency that is responsible for child support enforcement in a county
elects not to convert warrants issued in that county.
25-685 Entry into criminal information system
Child support arrest warrants shall be entered in the wanted person file of the
ARIZONA criminal justice information system.
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