Child Support Law





	The Law Office of Ronn Bisbee

Child Support
Laws By State

Arizona State Profile

A. General/State-At-A-Glance
B. UIFSA
C. Reciprocity
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
K. Modification and Review/Adjustment
L. Lump Sum Payments
M. Insurance Match

A. General/State-At-A-Glance

A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)?

State administered. State, county, and private contractor operated.

A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)?

A3. With what types of agencies do you have cooperative agreements?

State administered. State and county operated and private contractor.

A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only?

A4.1. If yes, what is the statutory citation?

For Additional Information - No Link Provided -

A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship?

A4.3. If yes, please explain.

B. UIFSA

B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)?

06/15/1995

B2. What is the effective date of your State's UIFSA?

7/1/1995

B3. What is the statutory citation for your State's Act?

A.R.S. § 25-1201 to 25-1342 For Additional Information -
http://www.azleg.state.az.us/Arizona
RevisedStatutes.asp?Title=25

B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)?

2001

B4.1. If your state has implemented the 2001 version, when was it implemented?

March 29, 2005

B5. Optional comments regarding your State's UIFSA.

The Initiating State must provide the following documents: Verification Of Paternity, Birth Certificates, Paternity Orders Marriage and Divorce Dates of The Parties or Bio-mother if CP is a caretaker. The General Testimony MUST be signed by the custodial parent or caretaker. All hardcopy documents, including Court Order, Transmittals and Requests must be written in BLACK INK Per Arizona Court Rules 30, section 3: all pleadings and other papers filed, other than standardized forms, shall be clearly printed on one side of the page only, and shall be double-spaced or one and one-half spaced except for quotations and footnotes, which may be single spaced. Standardized forms may be single spaced, except that those requiring the signature of a judge or commissioner shall be double-spaced or one and one-half spaced. Text of standardized forms may continue from the front to the reverse side of a page, but any such continuation of text to the reverse side of the page shall be printed in tumbled fashion and shall cover no more than the top half of the tumbled page. All standardized forms shall be on paper of sufficient quality and weight to assure legibility on both sides without bleed-through upon duplication or microfilming.

C. Reciprocity

C1. With what foreign countries does your State reciprocate?

Australia, British Virgin Islands, Canada (including provinces of Alberta, British Columbia, Manitoba, New Brunswick, Ontario, Prince Edward Island, Quebec and Saskatchewan), France, Germany, Hungary, Ireland, Mexico, Norway, Poland, Sweden, and the United Kingdom (England and Scotland).

C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries?

C1.2. If yes, please explain.

Our policy is to enforce spousal support ONLY if there is an order for current support and the child is living with the spouse seeking support. There would be no difference in the way AZ would treat an order from a foreign country.

C2. Has your State established reciprocity with any Tribal courts?

Yes

C2.1. If yes, list the Tribes and identify services provided, if less than full services.

The Navajo Nation and the Colorado River Indian tribe.

D. Age of Majority

D1. What is the age of majority in your State?

D2. What is the statutory citation for the age of majority?

A.R.S. § 25-320(F), § 25-501 (A)
For Additional Information -
http://www.azleg.state.az.us/ars/25/00320.htm

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.

If child turns 18 while in high school or in a high school equivalency program, support will continue while attending high school or a certified high school equivalency program. Child support will continue until the child graduates high school, completes a certified high school equivalency program, or turns 19, whichever occurs first.

D4. Does the date of the order impact what law is applied?

D4.1. If yes, please explain.

D5. Does child support end if the child leaves the household but does not emancipate?

D5.1. Optional comments regarding emancipation.

Current child support is terminated as of the date of marriage of a minor child, the date the child is deceased, or when the child is adopted.

D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

The court may order support past age of majority for a mentally or physically disabled child, but not for college.

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?

D7.1. If yes, please describe the procedure.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past due support?

Effective September 21, 2006, the statute of limitations for collection of child support was eliminated. This means that after that date, it is no longer necessary to obtain a written court judgment to collect child support arrears that have not been reduced to a judgment. In cases where the youngest child had emancipated and three years had passed prior to September 21, 2006: If a final judgment on arrears was not obtained, then the arrears cannot be collected. If a final judgment on arrears was obtained, then those arrears can be collected. If a judgment was obtained for any time period within the duration of the current child support and there is a balance still due, then those arrears can be collected.

E2. What is your State's statute of limitations for paternity establishment?

Before child turns 18. For Additional Information - http://www.azleg.state.az.us/ars/25/00804.htm

E3. Is dormancy revival/renewal possible?

E3.1. Please explain the circumstances when possible, and the length of time possible.

Judgment renewal is no longer necessary under revised
A.R.S. § 25-503 (J), Chapter 283, Laws 1999.

F. Support Details

F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)?

Shared income. For Additional Information - No Link Provided

F2. Does your State charge interest on missed arrears?

10% simple per annum

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

10% simple interest per annum

F3. Does your State charge interest on retroactive support?

Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

Prospective from date of court order - 10% simple per annum

F4. Does your State charge interest on adjudicated arrears?

Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

10% simple interest per annum For Additional Information - No Link Provided

F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill??

F5.1. If yes, under what circumstances?

F6. Does your state elect to recover costs or charge fees in your IV-D State Plan?

Yes

F6.1. If yes, what costs are recovered from/fees charged to the obligee?

Effective October 1, 2007, an annual collections fee of $25.00 will be charged to a recipient of IV-D services, if the recipient of services receives more than $500 in support during the federal fiscal year (October 1st to September 30th).

F6.2. What costs are recovered from/fees charged to the obligor?

The State will recover genetic testing costs from the obligor upon the establishment of paternity.

F7. Does your State recover costs on behalf of the initiating State?

F7.1. Optional comments regarding recovering of initiating State's fees.

F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support.

Ark. Code Ann. § 9-17-201 For Additional Information -
http://www.arkleg.state.ar.us/assembly/
ArkansasCode/9/9-17-201.htm

F9. Does your State establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

When included in the same order as the child support obligation, the spousal maintenance order is enforced.

F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)?

F10.1. Optional comments regarding required information on spouse or partner.

Information is only requested on income that is payable jointly to the party and their spouse

F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance?

The $25.00 fee is charged to the custodial parent who has received at least $500.00 in support payments during the federal fiscal year. The fee is retained from future collections once the $500.00 threshold is met.

F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)?

Yes

F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices?

Yes, in some circumstances. If, after the threshold of $500.00 has been met and no further support payments are received and issued, or less than $525.00 in support payments are received and issued, a notice is sent to the custodial parent to pay the fee by a specified date.

F11.3. Does your State collect the fee from the absent parent?

No.

F11.4. Does your State pay the fee out of its own funds?

F12. When will your State implement the required DRA limited-assignment provision?

N/A

F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases?

F13.1. If yes, provide the date.

F14. Will your State participate in the pass through in Former Assistance cases?

F14.1. If yes, provide the date.

F15. Will your State discontinue eligible assignments under the DRA of 2005?

F15.1. If yes, list the eligible assignments your State would discontinue.

F15.2. When will your State discontinue each type of assignment?

N/A

F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases?

PRWORA

F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

When the payee under the order surrenders physical custody of the child to a TANF caretaker for 30 consecutive days without obtaining a modification of legal custody, the court-order payee's right to child support for that child transfers to the caretaker by operation of law and is subject to assignment. Payments are retained as long as the caretaker receives TANF.

F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee?

Before applying child support payments to the case, the Medicaid-only caretaker must provide a written statement, and if possible, from the obligee that the caretaker has had physical custody of the child for 30 consecutive days or custody with the obligee's consent for 30 consecutive days. Copies of the caretaker's statement along with a notice of change in disbursement to the obligor's and obligee's last known addresses and a copy of the notice of the change in disbursement is filed with the clerk of the court that entered the original order. The obligee, obligor, or caretaker may object to the disbursement to the caretaker by requesting an administrative review within 10 days after the date of the notice. The administrative review is limited to deciding if the caretaker has lawful physical custody of the child or physical custody with the obligee's consent.

F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

The requirements are the same as those for F17.1.

F17.3. How does your State collect the $25.00 annual fee on never-TANF cases?

The fee is retained from child support collections after the first $500 has been distributed to the family.

G. Income Withholding

G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)?

Income Withholding Order, Order of Assignment, Wage Withholding

G2. What specific source of income is not subject to withholding?

Per A.R.S. § 33-1131, one-half of a debtor's disposable earnings is exempt. In the case of a prisoner, the mandatory deduction is 25% of the prisoner's gross wages until the prisoner's account exceeds a $50 balance.
For Additional Information -
http://www.azleg.state.az.us/ars/33/01131.htm

G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

Yes

G3.1. If yes, what are those limits?

One-half of disposable earnings for any pay period is exempt.

G4. What is the allowable fee per pay period for processing income withholding payments?

The employer or other payor may withhold and retain for application to the employer's or other payor's cost of compliance one dollar per pay period or four dollars per month in addition to the current child support, payment on arrears, and clearinghouse fee.
For Additional Information - No Link Provided

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

For an order of assignment, the first employer shall not deduct for 14 calendar days. Future employers may implement sooner than 14 days. An Income Withholding order is binding 14 days after receipt.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?

The employer must remit within 2 business days after obligor is paid or payment to the obligor is due.

G7. What are your State's procedures for sanctioning employers for not implementing income withholding?

Employers are liable for amounts not paid, attorneys fees and costs. They may be subject to contempt. (A.R.S. § 25-504(H), § 25-505.01(M))

G8. What is the penalty to an employer for failure to remit payments withheld?

Same as in G7.

G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines?

G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order.

Unemployment Insurance Benefits (UI) deduction is done through automation only via our statewide automated system. We will accept a limited assistance request or a request for full services via a Transmittal #1 to intercept any UI benefits that an NCP is receiving from Arizona.

G9.2. Optional comments regarding direct withholding of UI benefits across state lines.

G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines?

Yes

G10.1. Optional comments regarding direct withholding of WC benefits across State lines.

G11. How does an obligor contest income withholding in your State?

By requesting an administrative review.

G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).

The child support is allocated between the cases and is based on the child support order amounts. Arizona requires that an employer complete the allocation amounts prior to sending the payments to the SDU. Arizona does not automatically allocate among all NCP cases.

G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance?

Yes

G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.

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 amounts 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 two to obtain the amount to be allocated to each family. See A.R.S. § 25-501.01(L) and § 25-504(I)
For Additional Information -

http://www.azleg.state.az.us/FormatDocument.asp?in
Doc=/ars/25/00504.htm&Title=25&DocType=ARS

G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?

G14. When does your state require the employer to send notice of an employee's termination?

At the time an employee is terminated. For Additional Information - No Link Provided

G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?

90 Days

G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?

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.

G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes

G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?

A direct income withholding order can be sent to the employer of an NCP. For Additional Information - No Link Provided

G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support.

The employer can only withhold 50% of the obligor's disposable income for both child support and court order medical support. If the medical insurance premiums would be over the 50%, then the employer would not be able to withhold for the medical insurance premium. For Additional Information - No Link Provided

H. Paternity

H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed?

H1.1. If yes, please explain.

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

95% - A.R.S. § 25-814 (A) (2), 25-816 For Additional Information - http://www.azleg.state.az.us/FormatDocument.asp?
inDoc=/ars/25/00814.htm&Title=25&DocType=ARS

H3. Optional comments regarding paternity acknowledgment conclusive legislation.

A.R.S. § 25-812 (B),(D), 25-814

H4. What is the effective date of the State law that makes paternity acknowledgments conclusive?

07/21/1996

H4.1. Were acknowledgments prior to that effective date rebuttable?

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

The presumption may be rebutted by clear and convincing
evidence (A.R.S. § 25-814(C), or with written consent of
father married to child's mother. A.R.S. § 25-814 (A)(1)

H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?

Yes

H6.1. If no, briefly explain.

Only after July 21, 1996. For Additional Information - No Link Provided

H7. Does your State have any other paternity-related presumptions?

H7.1. If yes, briefly explain.

For Additional Information - No Link Provided

H8. Does your State have a putative fathers' registry?

Yes

H8.1. If yes, what is the name of that entity?

Paternity Registry

H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics?

H9.1. If yes, please describe any circumstances under which these fees may be waived.

Fees will not be incurred if the Arizona DCSE Hospital Paternity Program (HPP) is contacted at 602-771-8000 or at DCSEHPPAT@azdes.gov. AZ HPP is able to review and issue a "Government Only" copy of any birth records upon request.

H10. Is common law marriage recognized in your State?

H10.1. If yes, briefly describe the standard that defines common law marriage.

For Additional Information - No Link Provided

H10.2. When did your current common law standard go into effect?

H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect?

H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)

Alternative appearance is allowable only at the discretion of the court or judicial officer.

H12. Please give the statutory citation for your State's long arm statute and list any special provisions.

A.R.S. § 25-1221 For Additional Information -
http://www.azleg.state.az.us/FormatDocument.asp?
inDoc=/ars/25/01221.htm&Title=25&DocType=ARS

H13. Does your State recover genetic testing costs for other States?

H13.1. If so, please explain.

H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)?

Yes, an Acknowledgement Of Paternity (AOP) is needed.

H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?

07/21/1996

H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

One set of documents should be sent with a separate paternity affidavit for each child.

I. Support Order Establishment

I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation?

Judicial

I1.1. If your State can establish under both, under what circumstances would the administrative process be used?

I1.2. Under what circumstances would the judicial process be used?

In all circumstances that DCSE is unable to obtain a stipulated order.

I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures.

For Additional Information -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=25

I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's)

Arizona uses a shared income model. The incomes of the NCP and the CP are used in determining the child support obligation. For Additional Information - http://www.supreme.state.az.us/dr/childsup/CSG2004.pdf

I3. What criteria for rebutting your presumptive guidelines have been established in your State?

In an action to establish child support, the amount resulting from the guidelines is the amount ordered. If application of the guidelines would be inappropriate in a particular case, the court shall deviate from the guidelines. Some of the criteria include: The court has considered the best interests of the child in determining a deviation. A deviation reducing the amount of support paid is not contrary to the child's best interests. The court makes written findings that the guidelines are inappropriate and has considered the child's best interest. The court shows what the order would have been without the deviation. The court shows what the order is after deviating. The court may deviate from the guidelines if the parties agree and only if all of the following criteria are met: The agreement is written. The parties signed the agreement with knowledge of the amount of support that would have been ordered by the guidelines but for the agreement. All parties signed the agreement free of duress and coercion and the court complies with state law and case law.
For Additional Information - No Link Provided

I4. Will your State establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

Past support may be awarded up to 3 years prior to the filing date of a court proceeding to establish paternity and/or a child support order. The past support amount is awarded based on the discretion of the court.

I4.2. What information or documentation does your State require to proceed?

Verification of paternity, birth certificate, paternity order, or marriage and divorce dates of parties of the biological mother if CP is a caretaker. The financial information of the CP is also needed if the CP is the biological mother for the establishment of a current child support order.
For Additional Information - No Link Provided

I4.3. Will your State allow a petition for support when the only issue is retroactive support?

I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify.

Cases may be awarded past support for 3 years. Arizona is unable to obtain orders reduced to judgment specifically for reimbursement of state arrears only. However, if your state's assigned arrears have been reduced to a judgment, Arizona will enforce any of those judgments for your state assigned arrears.

I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support?

Paternity and some enforcement actions are administrative. Currently, Arizona is a judicial state as far as establishment and enforcement of support. Arizona can do administrative liens for real property and some types of personal property, such as a motor vehicle. Also, effective September 19, 2007, the administrative process to suspend professional licenses will begin.
For Additional Information - No Link Provided

I6. What is your State's statutory authority for the administrative process?

A.R.S. § 25-1287 and § 25-812 For Additional Information - http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=25

I7. Is there a local State law that allows an interstate administrative subpoena?

No For Additional Information - No Link Provided

I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?

No For Additional Information - No Link Provided

I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?

I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases?

I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action?

If the court order states that the current child support is reserved then a Transmittal should be sent requesting the establishment of a current child support order. If the court order states that the current child support obligation is $0.00, then a Transmittal should be sent requesting a modification of the current child support obligation.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both?

J1.1. Are your State income tax refund procedures judicial, administrative, or both?

Administrative; A.R.S. § 42-1122

J2. Is the lien process in your State judicial, administrative or both?

Administrative for IV-D cases

J2.1. What are the trigger criteria for filing a lien?

Unpaid balance that equals 2 month's worth of current child support. For Additional Information - No Link Provided

J2.2. Where are your State liens filed?

The County Recorder's Office in the county where property is owned. Each County Recorder has its own rules, standards and fees for recording liens.

J2.3. Does your State charge a fee for filing a lien?

Yes

J2.4. If yes, please indicate the amount.

Varies by county.

J.3. Does your State enforce property seizure and sale?

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?

Judicial; A.R.S. § 25-521

J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both?

Administrative

J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support?

A super notice is sent to the NCP periodically that encompasses all remedies that may be used when support is not paid.

J4.2. Does your State's income withholding definition includes amounts in financial institutions?

No For Additional Information - No Link Provided

J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the State or financial institution?

The financial institution.

J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent?

Simultaneously

J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state?

A court ordered judgment or arrears equaling 12 months of the current child support.

J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?

$250.00 For Additional Information - No Link Provided

J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize?

Yes

J5.3.1. If yes, please provide the time frame.

12 months or if there is a judgment.

J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?

J5.4.1. If yes, please provide the percentage.

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, please define.

J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount.

The financial institution must leave $250.00 in the account.

J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?

The financial institution.

J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?

15 business days. For Additional Information - No Link Provided

J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action?

35 days from the date of the final determination of the administrative review.

J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action?

On the basis that they have contributed to the account. For Additional Information - No Link Provided

J5.10. Is your State's complaint review process judicial, administrative or both?

Administrative

J5.11. What are your State's penalties for incorrect seizures?

None

J5.12. Is the second challenge administrative, judicial or both?

Judicial

J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

If obligor is not satisfied with decision of the administrative review, he/she has 35 days to request a hearing with the Superior Court. There are no unique requirements. A non-debtor has same appear rights as an obligor.

J5.14. Is the Freeze and Seize operation in your state centralized or automated?

Centralized and partially automated.

J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile?

None

J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?

Yes

J5.16.1. If yes, what is the amount?

$250.00

J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?

J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets.

For Additional Information - No Link Provided

J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period?

Yes For Additional Information - No Link Provided

J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency?

Immediately upon receipt of Notice to Surrender. For Additional Information - No Link Provided

J6. Does your State withhold State funds or benefits?

Yes

J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both?

Judicial.

J7. Please describe any other administrative enforcement procedures your State may have.

Administrative Lien (Real and some personal property). Professional License as of 9/19/2007

J8. Please describe any other judicial enforcement procedures your State may have.

Civil and Criminal Contempt, Driver's and Recreational License Suspension

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

Other states must comply with notice requirements of A.R.S. § 25-516 and records lien pursuant to state law. For Additional Information
- http://www.azleg.state.az.us/ars/25/00516.htm

J10. Which of our State's enforcement remedies are available without registration?

Administrative income withholding order, administrative lien, asset seizure, IRS/state tax refund offset, lottery intercept, unemployment insurance deduction, worker's compensation intercept and administrative offset.

J11. Describe your State's registration and enforcement procedures.

Once a support order or income withholding order is registered for enforcement, it will be subject to the same procedures as an order issued by a tribunal of Arizona.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.

The following enforcement remedies require judicial procedures: Civil contempt, judicial income withholding, judgment on arrears, and federal criminal contempt.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

Yes

J13.1. If yes, please provide the statutory citation.

A.R.S. § 12-1701 to A.R.S. § 12-1708
For Additional Information -
http://www.azleg.state.az.us/ars/12/01701.htm

J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States?

J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).

The following documents are required from another state in order to process a request for a Freeze and Seize (asset seizure): a Transmittal #1 requesting that an asset seizure be completed and then the case be closed once the action has been completed (if full enforcement is not requested); an arrears statement (certified or notarized); and copies of all child support orders relating to the case.

J15. Does your State use credit bureau reporting as an enforcement method?

Yes

J15. Does your State use credit bureau reporting as an enforcement method?

J16. Provide which credit bureaus your State report an obligor's child support information?

TRW, Experian, TransUnion

J16. Provide which credit bureaus your State report an obligor's child support information?

J17. Is the method for credit bureau reporting judicial, administrative or both?

Administrative, submits on all enforcement cases on a monthly basis. Information reported will include current monthly obligation amount and any unpaid balances as of the date of reporting.

J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both?

J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both?

Both

J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?

Arizona will report all current child support obligations and all arrears owed.

K. Modification and Review/Adjustment

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?

Every 3 years or with proof of substantial and continuous change. Every three years on current assistance cases.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?

On request of either party on non-TANF cases, and automatically on TANF cases.

K3. Briefly describe your State's modification procedure.

Per A.R.S. § 25-503(F), either party or the IV-D agency may file an action in court. There must be substantial and continuing change of circumstances. This can be done by a hearing or by simplified guidelines procedures.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?

15% difference up or down

K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?

K5.1. The earnings of the obligor have substantially increased or decreased.

Yes

K5.2. The earnings of the obligee have substantially increased or decreased.

Yes

K5.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes

K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed.

K5.5. The child(ren) have extraordinary medical expenses not covered by insurance.

K5.6. There has been a substantial change in child care expenses.

K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances?

The underlying order does not include medical support provision.

K6. Does your State have cost of living adjustments (COLAs)?

K6.1. If so, what index does your State use?

K7. How does your State credit SSA disability to current and past due support?

If SSA disability payments are paid to the CP or caretaker for the child(ren) subject to the order on behalf of the NCP then the NCP is given credit for the payments up to the current child support amount. If the SSA disability payments are less then the current child support amount then arrears would accrue for the unpaid support. If the SSA disability payments are more then the current child support amount, then the NCP is credited for current child support and any amount paid above the current child support amount is not credited for arrears.

K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc.

K8.1. If yes, please explain the situation?

A.R.S. §46-444 was enacted at the department's request to allow the department or its agent to "redirect" support money to a caretaker. The intent of the statute is to allow the transfer of current support for those cases with: Arizona orders or court orders registered in Arizona, and All the children in the order are with the caretaker for whom the support will be transferred. The transfer of support was intended for current support only. If arrears are owed or if spousal maintenance is owed to the obligee, these amounts are not to be redirected to the caretaker.

K8.2. What is the statutory citation for your abatement law?

A.R.S. §46-444 For Additional Information -
http://www.azleg.state.az.us/FormatDocument.asp
?inDoc=/ars/46/00444.htm&Title=46&DocType=ARS

K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

For establishment of paternity, establishment of current child support, and enforcement of current child support or arrears, the following documents are needed: Uniform Support Petition, Transmittal #1, Date and place (county, state) of marriage if applicable. For establishment of Paternity the following additional documents are needed: Affidavit in Support of Establishing Paternity (signed and notarized by the Bio-Mother or Alleged Father), birth certificate for out of state births, General Testimony (signed and notarized by the Caretaker, Bio-Mother, or Bio-Father). For the establishment of current child support the following additional documents are needed: General Testimony (signed and notarized by the Caretaker, Bio-Mother, or Bio-Father), Proof of paternity (order, birth certificate, acknowledgement of paternity, etc.). For enforcement of current child support and arrears the following additional documents are needed: Registration Statement (signed and notarized), one certified copy of all court orders relating to case, certified payment history, arrears statement (certified or notarized), and a month by month calculation of arrears. For modification of the current child support obligation the following additional documents are needed: General Testimony (signed and notarized by the Caretaker, Bio-Mother, or Bio-Father) NOTE: Please use ONLY BLACK INK on all hardcopy documents, transmittals and requests.

K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

Send a Transmittal #3 to the AZ Central Registry. The requested documents will be obtained and returned to the requesting IV-D agency

K9. What information is required to register an out-of-State order for enforcement/modification?

A registration statement (signed and notarized), arrears statement (certified or notarized), month by month calculation of arrears, certified payment history, and certified copies of all court orders relating to case. NOTE: Please use ONLY BLACK INK on all hardcopy documents, transmittals and requests.

L. Lump Sum Payments

L1. Does your State define a lump sum payment?

Yes

L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?

Lump sum payments include severance pay, sick pay, vacation pay, bonuses, insurance settlements, commissions, and stock options.

L1.2 Provide the statutory citation.

A.R.S. § 25-505 For Additional Information -
http://www.azleg.state.az.us/FormatDocument.asp?
inDoc=/ars/25/00505.htm&Title=25&DocType=ARS

L2. Does your State law require employers to report lump sum payments?

L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.

For Additional Information - No Link Provided

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

L4. How are employers instructed to report a pending lump sum?

Contact DCSE Customer service at 602-252-4045 or toll free at 1-800-882-4151 to report a lump sum payment and request further information.

L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.

Instructions are included in the Limited Income Withholding Order which is sent to the employer to withhold the lump sum. A cover letter explains that if the employer reports the lump sum as wages, and it is subject to taxation, the 50% rule applies.

L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?

The employer will send the payment to the SDU and not directly to the custodial parent.

L7. Does your State use the income withholding order to attach the lump sum payment?

Yes

L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?

Arizona uses a form for a Limited Income Withholding Order similar in style to the Income Withholding Order for lump sum payments.

L8. Does your State use the lien/levy process to attach the lump sum payment?

L8.1 If yes, what is the name of the document your State uses to attach lump sum payment?

L9. What other documents does your State use to attach lump sum payments?

Limited Income Withholding Order.

L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?

L10.1 If yes, what are those limits?

For Additional Information -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=25

L10.2 If no, what percentage is the employer required to withhold?

Up to the full amount of all arrears.

L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?

L11.1 If yes, would the employer only withhold for that period's obligation?

M. Insurance Match

M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided.

For Additional Information -
http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information -
http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

M2.1. If yes, provide the statutory citation

For Additional Information - No Link Provided

M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency.

Arizona contracts with the Child Support Lien Network (CSLN).

M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant.

Yes

M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)?

All open enforcement cases with an arrears balance greater than $500.00

M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold.

When the non-custodial parent owes child support arrears equal to at least two months and the arrears balance is greater than $500.00

M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant).

M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied).

Arizona participates in the OCSE Insurance Match Program.

M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law.

No For Additional Information - No Link Provided

M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law?

An insurer is not liable for any disclosure provided.

M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

No For Additional Information - No Link Provided

M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs?

Yes.

M3.1. Please provide the statutory citation.

Also A.R.S. 25-516 For Additional Information -
http://www.azleg.state.az.us/FormatDocument.asp?
inDoc=/ars/25/00505.htm&Title=25&DocType=ARS

M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy).

Income Withholding Order Limited Income Withholding Order Administrative liens

M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency?

Arizona submits cases to CSLN one time per month. CSLN notifies the insurance agency. The insurance agency is required to notify the non-custodial parent of the insurance intercept.

M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept.

For Additional Information -
http://www.azleg.state.az.us/FormatDocument.asp?
inDoc=/ars/25/00505.htm&Title=25&DocType=ARS

M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation.

Yes, the non-custodial parent may request an administrative review.
For Additional Information -
http://www.azleg.state.az.us/FormatDocument.asp
?inDoc=/ars/25/00522.htm&Title=25&DocType=ARS

M6. Are there attorney fees associated with the insurance intercept activity?

No.

M7. How does another State initiate and intercept collections from your State Workers Compensation agency?

Another state may issue an income withholding order or they may send an Transmittal #3 to Arizona for an asset seizure as a limited assistance request.

M7.1. What is the process, the points of contact, and what forms must be completed?

They may request this action via a CSENet transaction if there is a two-state case open with Arizona, a limited services request, or Customer Service may be contacted.

Dedicated To
Enforcing Your
Support Order.

The Law Office of Ronn Bisbee