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Arizona State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
There are 21 local IV-D offices Arizona continues to operate across all IV-D functions at this time (during the Covid-19 pandemic) and continues to move to teleworking. More information may be found on our website at: https://www.des.az.gov/dcss.
2. What is the name of your IV-D agency?
Division of Child Support Services
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Judicial A.R.S 25-500 TO 25-685
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
If the child turns 18 while in high school or in a high school equivalency program, support will continue while the child attends high school or a certified high school equivalency program. Cild support continues until the child graduates from high school, completes a certified high school equivalency program, or turns 19, whichever comes first.
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2. 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 the child attends high school or a certified high school equivalency program. Child support continues until the child graduates from high school, completes a certified high school equivalency program, or turns 19, whichever occurs first.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No. N/A
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes. The court may order support past age of majority for a mentally or physically disabled child, but not for college. The court may order support past age of majority for a mentally or physically disabled child, but not for college.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
Current child support terminates as of the date of marriage of a minor child, the date the child is deceased, when the child is adopted, or upon enlistment in the military (the date of departure for active duty, not the date of enlistment)
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No. Current child support terminates as of the date of marriage of a minor child, the date the child is deceased, when the child is adopted, or upon enlistment in the military (the date of departure for active duty, not the date of enlistment)
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
The court may order support past age of majority for a mentally or physically disabled child, but not for college.

3. Statute Of Limitations

1. What is your state's statute of limitations for the 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 judgement to collect child support arrears that have not been reduced to a judgment. In CASES WITH AN Arizona Support order 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, the arrears cannot be collected; If a final judgement 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 order and there is a balance still due, then those arrears can be collected.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Before child turns 18.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Shared Income
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes. 10% Simple interest per annum
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
10% Simple interest per annum
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No. Interest is charged prospectively from the date of the order.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
No
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
No, but if the child's change in placement is with a new custodian, the custodian must provide evidence that he or she has physical custody of the child.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
No
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
They are given credit for these benefits if the custodial parent credits them with the benefits on an Affidavit of Direct Payment Document
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
A.R.S. 25-812
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. The presumption may be rebutted by clear and convincing evidence, or with written consent of man married to child's mother.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Putative Father's Registry
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
You may contact the Hospital Paternity Program for a copy of the Acknowledgment of Paternity at 602-771-8181 or by email at DCSSHPPDataVerification@azdes.gov, or fax your request to 480-545-1009. For faxed requests, please ensure your agency logo is on the letterhead, provide the child's full name, date of birth, and the child parent's full names and dates of birth No
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
No
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9.1. Describe any circumstances under which these fees may be waived?
You may contact the Hospital Paternity Program for a copy of the Acknowledgment of Paternity at 602-771-8181 or by email at DCSSHPPDataVerification@azdes.gov, or fax your request to 480-545-1009. For faxed requests, please ensure your agency logo is on the letterhead, provide the child's full name, date of birth, and the child parent's full names and dates of birth
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
No
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
N/A
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
One set of documents should be sent with a separate Declaration in Support of Establishing Parentage for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial At this time (during the Covid-19 situation), AZ is still able to move forward with establishing a support obligation even though the process may be somewhat delayed.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
n/a
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
When DCSS is unable to obtain a stipulated order
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
Arizona uses a shared income model. The incomes of both parties are used in determining the child support obligation
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2.1. What documentation is required as proof/evidence of this information?
Each party would need to complete an Adjusted Child Support Income document which is computer based. The Combined Adjusted Child Support Income will be used to determine the Basic Child Support Obligation. The computer-based Child Support Worksheet will insert this upon entry of Combined Adjusted Child Support Income. The total represents the total amount of cost that the courts must consider for child support determination.
3. 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 using the following criteria: the court has considered the best interests of the child in determining a deviation and a deviation reducing the amount of support paid 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 sign the agreement with knowledge of the amount of support that would have been ordered by the guidelines but for the agreement; all parties sign the agreement free of duress and coercion and the court complies with the state law and case law.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes 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 at the discretion of the court.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Verification of paternity, birth certificate, paternity order, or marriage and divorce dates of the parents as well as financial information.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
The court may award past support for up to 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.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No
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5.1. What about when public assistance is not being expended?
No
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
If the court order states that the current child support is reversed, then a Transmittal #1 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 #1 should be sent requesting a modification of the current child support obligation.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
No, but the new custodian must provide evidence that he or she has physical custody of the child.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
One-half of an obligor's disposable earnings is exempt. In the case of a prisoner, the mandatory deductions 25% of the prisoner's gross wages until the prisoners account exceeds a $50 balance.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes. One-half of disposable earnings for any pay period is exempt.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No
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2.2. What are the withholding limits for non-employees?
N/A
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
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 fur 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 Statuses)
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
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 Statuses)
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
For an order of assignment, the first employer shall not deduct for 14 calendar days. Future employers may implement sooner than 14 days. An IWO is binding 14 days after receipt.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
The order of assignment is effective immediately on service of the order on employer or another payor. Employer shall not deduct for 14 calendar days. Future employers may implement sooner than 14 days. An IWO is binding 14 days after receipt.
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6. When must an employer remit amounts withheld from an employee's pay?
An employer shall withhold the amount specified and shall transmit that amount to the support payment clearinghouse within two business days after the date the employee is paid.
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7. What are your state's sanctions for employers for not implementing income withholding?
Employers are liable for amounts not paid, attorney's fees and cost. They be subject to contempt. (A.R.S. 25-054(H) and A.R.S. 25-505.01(M))
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7.1. What are the penalties to an employer for failure to remit payments withheld?
Employers are liable for amounts not paid to the Clerk of the Court or support payment clearinghouse pursuant to order of assignment, reasonable attorney's fees and costs and other expenses incurred in procuring compliance. They may be subject to contempt. (A.R.S. 25-504(H) and A.R.S. 25-505.01(M))
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
No
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
Unemployment Insurance (UI) benefits deduction is done through automation only via our statewide automated system. Please provide a Transmittal #1. the support order, and a payment history/arrears statement to intercept any UI benefits that an NCP is receiving from Arizona
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
A direct income withholding order can be sent to the employer of an obligor.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
n/a
10. How does a noncustodial parent contest an income withholding in your state?
An obligor, employer or other payor may challenge an income withholding order by filing a written request for administrative review within ten days after receipt. On receipt of a request for administrative review, implementation of the income withholding order shall be delayed.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
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.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
"Disposable earnings" means that remaining portion of a debtor's wages, salary, or compensation for personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pension or retirement program or deferred compensation plan, after deducting from such earnings those amounts required by law to be withheld.
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13. When does your state require the employer to send notice of an employee's termination?
An employer shall notify the agency in writing when the person ordered to pay support or spousal maintenance is no longer employed or has been terminated.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
The employer can only withhold 50% of the obligor's disposable income for both child support and court-ordered medical support. If the medical insurance premiums are over 50% of the obligor's disposable income, then the employer would not be able to withhold for the medical insurance premium
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
PRWORA
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Arrears payments are applied first to the principal and then to the interest that accrued on the principal, then in the following order: 1.) The oldest written judgement's principal and interest and then to each successive written judgment's principal and interest; 2.) Arrears not reduced to a written judgment and the corresponding interest.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
1.)The oldest written judgement's principal and interest and then to each successive written judgment's principal and interest; 2.)Arrears not reduced to a written judgment and the corresponding interest.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Levies and the following types of bank accounts: savings, checking, money markets, CD, IRAs, and brokerage accounts. Arizona does not levy trust accounts.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
Transmittal #3, certified copy of all orders, certified arrears with a payment record, and the bank account information to process the AEI request. Please note on the Transmittal that you want Arizona to close the case once the action is completed.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
There is no minimum arrears balance required for reporting an obligor's child support information to a consumer reporting agency
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Transunion, Equifax, Experian, and Innovis
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
No. The case will report as long as it is open, but if the requirement for arrears is met, which must be less than 2 months of current support, the case will reporting as current.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes. The total arrears are greater than $150.00 for TANF cases, and $500.00 for bib-TANF cases
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. The dollar amount has to be greater than $25.00
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
No
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. Cases are submitted for MSFIDM when the arrears balance is greater than 12 months of current child support. For arrears only cases, it is the last ordered monthly amount X 12
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No. Only the state that has taken assignment may submit a case for passport denial
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
Cases with an arrears balance less than at least four months of unpaid current support and less than $500.00 excluding fees and/or spousal maintenance. Cases with an existing recorded administrative lien with an arrears balance that has not increased in an amount greater than $10,000.00 excluding fees and/or spousal support. Cases with an arrears balance covered in a PSJ. Case closures with a closure date within the next 60 days. Cases that will close in the next 12 months as the result of emancipation of the last child listed in the court order. NCP Deceased. Cases where the NCP filed bankruptcy and the bankruptcy is ongoing
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16. Is the financial institution attachment process in your state centralized and/or automated?
Centralized and partially automated
17. What are the criteria to attach an account in a financial institution in your state?
A court ordered judgment or arrears equaling 12 months of the current child support.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
Arizona requires a Transmittal #1, copy of the support order, and a payment record from the requesting state.
20. Does your state's income withholding definition include amounts in financial institutions?
No
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. The financial institution
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
Immediately upon receipt of the Notice to Surrender
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
15 days
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
The financial institution must leave $250.00 in the account. There is no difference for joint accounts.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
35 days from the date of the final determination of the administrative review.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
No
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
DCSS provides the obligor with a written notice of intent to suspend the NCP's driver's license based upon the criteria of nonpayment. If the obligor fails to pay after the notice is sent, the obligor's case is forwarded to the Attorney General's Office for a court hearing for driver's license suspension.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
DCSS provides the obligor with a written notice of intent to suspend the NCP's driver's license based upon the criteria of nonpayment. If the obligor fails to pay after the notice is sent, the obligor's case is forwarded to the Attorney General's Office for a court hearing for driver's license suspension. With regard to low income parents or hardship exemptions, the amount of cases referred by DCSS for this action are limited to extreme cases of willful nonpayment.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
Yes. The court may restrict or suspend the obligor's driver's license for nonpayment of child support. A restriction will allow the obligor to continue to work, look for employment, and parenting time.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

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36. What are the criteria for initiating/filing a lien in your state?
Under state statue, an order to pay child support creates a child support lien by operation of law. The DCSS may perfect the lien by filing a copy of the child support order with the County Recorder's Office in the county in which the NCP own property. The lien amount includes the amount owed at the time of the recording and any amounts that have accrued since.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Administrative for IV-D cases
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
No. Judicial
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes. Administrative A.R.S. 42-1122
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
Paternity and Enforcement actions are administrative. Arizona can issue administrative liens for real property and some types of personal property such as a motor vehicle and the suspension of professional licenses
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
Civil and criminal contempt, driver's and recreational license suspension.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Every 3 years or if less than 3 years with proof of substantial and continuous change, or every 3 years on TANF cases.
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2. What is your state's modification procedure? Briefly describe.
Arizona reviews for a modification upon request of either on non-TANF cases and automatically every three years on TANF cases. There must be substantial and continuing change of circumstances if a request for review is made in less than three years. This can be done by a hearing or by simplified guidelines procedures. Arizona modifies a support order when the obligor is incarcerated, the obligor is receiving SSI, or the obligor's income is not compatible with the child support obligation. At this time (during the Covid-19 situation) AZ is still able to move forward with reviewing a support obligation for a modification, even though the process may be somewhat delayed.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
The application of the guidelines compared to the current child support order must result in an order that varies by 15% or more for modification, even though the process may be somewhat delayed.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
Arizona modifies a support order when the obligor is incarcerated, the obligor is receiving SSI, or the obligor's income is not compatible with the child support obligation. At this time (during the Covid-19 situation) AZ is still able to move forward with reviewing a support obligation for a modification, even though the process may be somewhat delayed.
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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
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4.4. The cost of living has changed.
No
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
4.6. There has been a substantial change in childcare expenses.
No
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Other criteria include but are not limited to: a determination of disability, a change in custody/parenting time, one or more children of the parties has emancipated, birth of additional children, and medical changes or premium costs.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
Cases are reviewed every 3 years or if less than 3 years with proof of substantial and continuous change. DCSS is notified
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
Lump sum payments include severance pay, sick pay, vacation pay, bonuses, insurance settlements, commissions, and stock options
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
Arizona uses the Limited Income Withholding Order to attach non-wage lump sum payments.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
Yes
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
An annual collection fee of $35.00 will be charged to a never-TANF obligee if the oblige receives more than $550.00 in supporting during the federal fiscal year (October 1st to September 30th). For the obligor, the state will recover genetic testing cost upon the establishment of paternity.
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes. We recover genetic testing fees.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
The $35.00 fee is retained from child support collections after the first $550.00 has been distributed to the obligee and is charged to each case if the obligee has more than one case.
3.1. Is it retained by the state from support collected?
Yes
3.2. Is it paid by the individual applying for child support services?
Yes
3.3. Is it recovered from the noncustodial parent?
No
3.4. Is it paid by the state out of its state funds?
No

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
There must be an open IV-D case with an arrears balance greater than $500
3. What process does your state use to intercept insurance payments?
IWO
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4. How does another state initiate and intercept collections from your states workers compensation agency?
Another state may issue an IWO directly to the worker's compensation agency or they may send a transmittal #3 to the Arizona Central Registry for an asset seizure as a limited services request.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes. When CSLN makes the match, they send the IWO and the administrative review notice to the NCP

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
No cost, however, a Transmittal #3 should be sent to Central Registry
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2. What are the procedures and associated costs for obtaining a certified payment record?
No cost, however, a Transmittal #3 should be sent to Central Registry
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
ARS 25-1201 to 25-1342
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2. How does your state define the tribunal (See UIFSA 103)?

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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
Arizona requires one set of documents for intergovernmental case referrals. AZ continues to send as well as accept intergovernmental referrals during the Covid-19 emergency, preferably via EDE, please mark the documents as being sent through EDE
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
None
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes. Arizona accepts an abstract or summary of the order on the Hauge Abstract form.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No
3. What methods of personal service does your state use?
n/a
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
If applicable, childcare expenses, cost of medical insurance, and extraordinary expenses are factored into the amount calculated under the guidelines. They are not add-ons.
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes
6. What circumstances will cause your state to end child support before the normal duration?
The use of mediation, conciliation, or similar processes is encouraged in every child support case when possible, but not always.
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments may be by check. Payments may be by electronic funds transfer Other: Some countries will accept the Electronic Pay Card (EPC) if we have an understanding with the closest consulate.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
All payments are processed through a designated authority and processed upon receipt. Payments under a certain amount are collected, banked, and combined into one payment sent at intervals agreed with the creditor. Specify the amount and currency using the ISO code.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Yes. Some countries will accept the Electronic Pay Card (EPC) if we have an understanding with the nearest consulate.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No
1.1. If yes, list the tribes and identify services provided, if less than full services.

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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No