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Arizona State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
23
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
A.R.S. 25-509
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
A.R.S. 25-1201 to 25-1342
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Arizona requires one set of documents for intergovernmental case referrals. Arizona requires the petitioner's signature on the General Testimony.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
We 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 Arizona would treat an order from a foreign country.
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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 Hague Abstract form.

D. Age of Majority

D1. What is the age of majority in your state?
18
D2. What is the statutory citation for the age of majority?
A.R.S. 25-503(O), 25-320(F), 25-501
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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 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.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
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 miltary (the date of departure for active duty, not the date of enlistment).
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, 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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes
D8.1 If not, how does this affect interstate referrals?
N/A

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 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, 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 order and there is a balance still due, then those arrears can be collected.
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E2. What is your State's statute of limitations for paternity establishment?
Before child turns 18.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Judgment renewal is no longer necessary under A.R.S. 25-503(K).
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared income.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
10% simple interest per annum
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest is charged prospectively from date of court order.
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.
A support arrearage reduced to a final written money judgment accrues interest at the rate of ten per cent per annum and accrues interest only on the principal and not on interest.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
N/A
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 or fees charged to the obligee?
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. If yes, what costs are recovered from or 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?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
We can recover genetic testing fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
A.R.S. 25-1221
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
AZ does not establish or modify spousal maintenance orders. However, when spousal maintenance is included in the same order as the child support obligation, the spousal maintenance provision 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, AT-11-07)
Information is only requested on income that is payable jointly to the party and their spouse.
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The $25.00 fee is charged to the obligee 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 person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
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 obligee 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?
No
F12. When did your state implement the required Deficit Reduction Act (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?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Arizona's requirements are outlined under A.R.S. 46-444. The support order does not follow the child in Arizona. When another jurisdiction sends an order to be enforced where one person is the payee, but wants it enforced for the benefit of a different payee, please provide the authority for the transfer of rights to the other payee.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
The requirements are the same as those for F17 except the caretaker must apply for IV-D services and any current child support payments received will be sent to the caretaker.
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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 except the caretaker must apply for IV-D services. Any current child support payments received will be sent to the caretaker.
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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 obligee and is charged to each case if the obligee has more than one case.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Genetic testing fees.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?
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.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
One-half of disposable earnings for any pay period is exempt.
G3. What is the allowable fee per pay period employers may charge 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.
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G4. 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.
G5. 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.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Employers are liable for amounts not paid, attorney's fees and costs. They may be subject to contempt. (A.R.S. 25-504(H) and A.R.S. 25-505.01(M))
G7. What is the penalty 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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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
Unemployment Insurance (UI) benefits deduction is done through automation only via our statewide automated system. Please provide a Transmittal #1 to intercept any UI benefits that an NCP is receiving from Arizona.
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G8.2. What documents are required to intercept UI benefits?
A copy of every order and a payment record along with the Transmittal #1.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
The obligor may request an administrative review within 10 business days after the receipt of the Order/Notice to Withhold Income for Child Support.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
The child support is allocated between the obligor's cases and is based on the child support order amounts. Arizona requires an employer to complete the allocation amounts prior to sending the payments to the SDU. Arizona does not automatically allocate among all of the obligor's cases.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. 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 an obligor 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)
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No
G13. When does your state require the employer to send notice of an employee's termination?
At the time an employee is terminated.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
90 Days
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
The support payment clearinghouse charges a monthly fee of $5.00 to cover the cost of handling support and spousal maintenance payments. The court shall order payment of the handling fee as part of the order for support or spousal maintenance. The handling fee shall not be deducted from the support or maintenance portion of the payment.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
A direct income withholding order can be sent to the employer of an obligor.
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G18. 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-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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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
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 judgment'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.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
A.A.C. R6-7-601
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
Also A.R.S. 25-812
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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?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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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, or with written consent of man married to child's mother.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Only after July 21, 1996.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
7/21/1996
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Putative Father's Registry
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please 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 DCSSHPPDataVerifications@azdes.gov, or fax your request to 480-545-1009. For faxed requests, please ensure your agency logo is on the letterhead, and provide the child's full name, date of birth, and the child's parents' full names and dates of birth.
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. 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?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Alternative appearance is allowable only at the discretion of the court or judicial officer.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
A.R.S. 25-1221
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Genetic costs may be recovered upon the request of the initiating state.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Yes, either the Acknowledgment of Paternity (AOP) from the HPP or the Affidavit Acknowledging Paternity (AAP) from the DCSS is required.
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, 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?
N/A
I1.2. Under what circumstances would a judicial process would be used?
When DCSS 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.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Arizona uses a shared income model. The incomes of the NCP and the CP are used in determining the child support obligation.
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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 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 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 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 state law and case law.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, 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 at 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 the parents as well as finanicial information. The General Testimony must be signed by the petitioner; however, it may be signed by a IV-D representative if the case is a IV-E case.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. 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.
I5. What actions can your state perform using the administrative process? For example, 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 for establishment and modification of support. Arizona can issue administrative liens for real property and some types of personal property, such as a motor vehicle. Arizona also has an administrative process to suspend professional licenses.
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I6. What is your state's statutory authority for the administrative process?
A.R.S. 25-812 and A.R.S. 25-1287
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I7. Is there a local state law that allows an interstate administrative subpoena?
No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. 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
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
If the court order states that the current child support is reserved, 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.
I12. 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 custodian obtain legal custody before a support order is modified or established?
No, but the new custodian must provide evidence that he or she has physical custody of the child.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Forward documents needing to be served to a private contractor.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
N/A
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
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.
I17. Please provide the relevant statutory or case law citation. **

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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case when possible, but not always.

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?
Arrears balance that equals two month's worth of current child support.
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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?
No
J2.4. If yes, please indicate the amount.
J.3. Does your state enforce property seizure and sale?
No
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an 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 notice is sent to the noncustodial parent periodically that encompasses all remedies that may be used when support is not paid.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The financial institution.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
The financial institution has 3 business days from the date of the notice to send the Notice of Levy to the obligor, or other person or entity known or believed to have an interest in the asset.
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 delinquent dollar amount that makes an obligor eligible for asset seizure?
At least twelve (12) months of arrears or a judgment for past support.
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J5.3. Is there a specified amount of time of delinquency required 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?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, 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 or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
15 days.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your 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 holder challenge a Freeze and Seize action?
On the basis that they have contributed to the account.
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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 is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
If the 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 the same appeal 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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Immediately upon receipt of the Notice to Surrender.
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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. Describe any other administrative enforcement procedures your state may have.
Administrative liens and professional licenses.
J8. 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.
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J10. Which of your state's enforcement remedies are available without judicial actions?
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 procedures for registering and enforcing another state's order.
All certified orders related to the case (including terminated, change of custody, or vacated orders), a sworn statement of arrears, and a complete certified calculation/payment history from the first order forward. If a complete payment history cannot be obtained, provide an Affidavit of Direct Payments from the custodial parent. The Registration Statement must be complete, checked for either enforcement or modification, and the noncustodial parent's current address and complete SSN must be on the statement. If the address changes, we require an updated Registration Statement. The arrears balance and dates must match on the Transmittal, Registration Statement and the financial information. NOTE: Please use only black ink and provide only single-side documents. Also, no alterations to or white-out on the documents. 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. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
From A.R.S. 12-1701 through A.R.S. 12-1708
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
There is not a minimum arrears balance required for reporting an obligor's child support information to a consumer reporting agency.
J15. To which credit bureaus does your state report an obligor's child support information?
Transunion, Equifax, Experian, and Innovis.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Levies and the following types of bank accounts: savings, checking, money market, CD, IRAs, and brokerage accounts. Arizona does not levy trust accounts.
J19. 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.
J20. What mandatory data elements does your state need to process AEI requests?
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.
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J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
One
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
The criteria depends on the action requested. Contact the Arizona Division of Child Support Services prior to sending a request.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Arizona requires a Transmittal #1, a copy of the support order and a payment record from the requesting state.
J25. What is the procedure for obtaining a certified copy of a court order?
Transmittal #3 to Central Registry.
J26. What is the procedure for obtaining a certified payment record?
Transmittal #3 to Central Registry.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
DCSS provides the noncustodial parent (NCP) with written notice of the intent to suspend the NCP's driver's license based upon the criteria of nonpayment. If the NCP fails to pay after the notice is sent, the NCP's case is forwarded to the Attorney General's Office for a court hearing for driver's license suspension. A judicial officer determines the license suspension is appropriate and notifies the Arizona Motor Vehicle Department 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.
J29. What triggers a driver's license revocation?
An NCP must owe at least six months of child support arrears and demonstrates willful nonpayment.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
Arrears must equal to at least six month's child support arrears.
J30. Under what conditions may a noncustodial party restore the driver's license?
On petition or motion to the court.
J30.1 What is the process for restoring a driver's license?
The court holds a review hearing to determine the NCP's noncompliance. When the judicial officer finds the NCP in compliance, the court sends a certificate of compliance to the Arizona Motor Vehicle Department.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
The court may restrict or suspend the NCP's driver's license for nonpayment of child support. A restriction will allow the NCP to continue to drive to work, look for employment, and parenting time.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
During the period of administrative review of the remedy, the NCP may request a payment agreement through lump sum or accelerated payment plans to avoid the revocation of a driver's license.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
The total arrears are greater than $150.00 for TANF cases, and $500.00 for non-TANF cases.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No, only the state that has taken assignment may submit a case for passport denial.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
They are given credit for these benefits if the custodial parent credits them with the benefits on an Affidavit of Direct Payments.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years, or if less than three years with proof of substantial and continuous change, or every 3 years on TANF cases.
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K2. Briefly describe your state's modification procedure.
Arizona reviews for a modification upon request of either party 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 may modify a support order when the oblgor is incarcerated, the obligor is receiving SSI, or the obligor's income is not compatible with the child support obligation.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
The application of the guidelines compared to the current child support order must result in an order that varies by 15% or more, up or down, from the existing child support order. A 15% change is not required when there is no existing medical support order.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Other criteria include a determination of disability, there is a change in custody/parenting time, one or more children of the parties has emancipated, birth of additional children, medical changes or premium costs.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
When the SSA disability received by the child for a given month is less than the obligor's current support obligation, the obligor must pay the difference unless the court modifies the order to equal the benefit received. If the SSA disability received by the child is greater than the obligor's current support obligation, Arizona only credits up to the current support amount.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
A.R.S. 46-444 was enacted to allow the DCSS 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.
K7.2. What is the statutory citation for your abatement law?
A.R.S. 46-444
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K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
TANF certifications should be requested from the county TANF offices.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Costs will not be incurred if the Arizona DCSS 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.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
All certified orders related to the case (including terminated or vacated orders), a sworn statement of arrears, and a complete certified calculation/payment history from the first order forward. If a complete payment history cannot be obtained, please provide an Affidavit of Direct Payments from the custodial parent. The Registration Statement must be complete, marked for either enforcement or modification, and the noncustodial parent's address must be on the statement. If the address changes, we require an updated registration statement. The arrears balance must match on the transmittal, statement and the financial information. NOTE: Please use ONLY BLACK INK and provide only single-sided documents.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
The arrears payment amount.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child marries, adopted by someone other than the noncustodial parent, when the child dies, the child support order states that child support ceases before normal duration, the child enters into military service before the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
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
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L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
Contact DCSS Customer Service at 602-252-4045 or toll free at 800-882-4151 to report a lump sum payment and request further information.
L5. What is 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. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Arizona uses the Limited Income Withholding Order to attach non-wage lump sum payments.
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
Up to 50% of the disposable lump sum.
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No
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L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
Up to 100% of the disposable lump sum.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
Bank of America is the State servicing bank; however, payments may be passed through the Federal Reserve before they are deposited into the CP's account.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Bank of America
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Bank of America
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Yes, Unemployment Insurance benefits
L13.1 If so, are there fees involved?
Yes
L14. What are the fees associated with using the card?
It depends on the need. The types of fees associated with using the card include: card replacement; card replacement express delivery; non Bank of America ATM fees; and international ATM fees. CPs are encouraged to review the documents in the card package for additional information regarding fees.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by preauthorized withdrawal from a financial institution account. Payment may be made by check or warrant. Payments may be made by electronic funds transfer.
L16. How does your state disburse child support payments to foreign reciprocating and treaty 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.
L17. 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. All payments are 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.
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
Some countries will accept the Electronic Pay Card (EPC) if we have an understanding with the nearest consulate.
L19. What is your state's International Bank Account Number (IBAN)? **
N/A, Arizona does not have an IBAN.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

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M1.1. Additional information on the CCPA.

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M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
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M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Arizona contracts with the Child Support Lien Network (CSLN).
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
There must be an open IV-D case with an arrears balance greater than $500.00
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Yes, the arrears balance must be greater than $500.00
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
No
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
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?
N/A
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.
M3.1. Provide the statutory citation.
A.R.S. 25-505, also A.R.S. 25-516
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
When CSLN makes the match, they send the IWO and the administrative review notice to the NCP.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
A.R.S. 25-505
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, the obligor may request an administrative review.
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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 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.
M7.1. What is the process, the points of contact, and what forms?
See M7.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes