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 IV-D offices in Arizona. Currently, of those, only 20 offices provide in-person services, and 1 provides services to a Kiosk & the ability to phone in another office only. For more information, visit our website to view our office locator tool. https://azdes-community.secure.force.com/EOL/ |
| 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. |
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Arizona primarily uses Judicial procedures for establishment & enforcement; however, Arizona may exercise administrative enforcement actions on a case-by-case basis.
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). |
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Current child support ends when a child reaches the age of majority (18). Current child support shall only continue while the child is attending high school or a certified equivalency program. Current support shall end when the child graduates or turns 19, whichever comes first.
A.R.S 25-501 & A.R.S 25-503 (E), (F), (P)
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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. |
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Current child support ends when a child reaches the age of majority (18). Current child support shall only continue while the child is attending high school or a certified equivalency program. Current support shall end when the child graduates or turns 19, whichever comes first.
A.R.S 25-501 & A.R.S 25-503 (E), (F), (P)
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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. |
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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. |
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Support may be extended when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if the child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting. The child's disability began before the child reached the age of majority. Support may not be extended due to the child still in college.
A.R.S 25-320 (D #1-8, E #1-3)
A.R.S 25-501(A)
A.R.S 25-503 (P, Q #5)
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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. |
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A child is emancipated, resulting in early termination of child support when the child enlists in the military and or any of the following applies; (1) On the date of the child's marriage,(2) On the child's eighteenth birthday, (3) When the child is adopted, (4) When the child dies. (5) On the termination of the support obligation if support is extended beyond the age of majority. A.R.S 25-501, A.R.S 25-503 (Q.# 1-5), A.R.S 25-320 (E) (F)
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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, child support does not automatically end if the child no longer lives with the custodial parent & graduates from high school at age 17. The child is considered emancipated, and support may end at the age of 18. If the custodial parent no longer has custody of the child and the child has graduated, information should be reported to the agency as soon as possible so that the case may be reviewed immediately. A.R.S 25-501 (A) & 25-503 (Q #2) |
| 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, not automatically. If minors are still on the current active order, a modification must be requested so the case can be reviewed. If no modification is requested, current support remains the same. A.R.S 25-503 (E) & 25-327 (A) |
| 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. |
| If a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority for a child with a disability only. A.R.S 25-320 (D. 1-8) (E. 1-3) ( F) |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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Effective September 21, 2006, the statute of limitations for the collection of child support was eliminated. This means that after that date, it is no longer necessary to get a written court judgment to collect child support arrears that have not been reduced to a judgment. This change does not revive expired debts and does not assist in cases where the last child has emancipated and three years have already passed. There will still be some cases where the statute of limitations has run and the support debt has expired. Some cases will fall into an exception where it is not too late to get a judgment. A.R.S 25-503 (I)(M)(N)
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| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child. For the purposes of establishing a duty to pay support or past support, the proceedings must be instituted before the child's eighteenth birthday.
A.R.S 25-804 & 25-814 (A1-4) (B&C)
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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No. Effective September 21, 2006, the statute of limitations for the collection of child support was eliminated. This change does not revive expired debts.
A.R.S 25-503 (M) & Arizona Administrative Code; R6-7-601 (A.9)(B.2)
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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)? |
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AZ follows the Income Shares Model, which considers the income of both parents.
AZ Guidelines effective 1/1/2022- Pg.1 (A)
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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. |
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Yes. Interest accrues at the rate of 10% per annum and accrues interest only on the principal and not on interest.
A.R.S 25-510
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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. |
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Yes. Interest accrues at the rate of 10% per annum and accrues interest only on the principal and not on interest.
A.R.S 25-510 (E) & (F)
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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. |
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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? |
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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. |
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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? |
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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? |
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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. |
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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. |
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No
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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95%
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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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. |
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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. |
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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? |
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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? |
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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, 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 state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
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No
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| 9.1. Describe any circumstances under which these fees may be waived? |
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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
For Additional Information - No Link Provided |
| 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. Arizona does not recognize common-law marriages created within the state. A.R.S 25-111 (A-C) |
| 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. |
| Not applicable to Arizona. |
| 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? |
| Arizona uses a Judicial process to establish support obligations. A.R.S 25-320-(A) (D) |
| 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. |
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Not applicable to Arizona.
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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. |
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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)? |
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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? |
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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). |
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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.
For Additional Information - No Link Provided |
| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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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. |
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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? |
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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? |
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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. |
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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? |
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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. |
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Yes. Not more than one-half (50%) of the obligor's disposable income for any period may be taken to satisfy an income withholding order issued for the support of any person.
A.R.S 25-505.01 (E)(N.6)
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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No.
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| 2.2. What are the withholding limits for non-employees? |
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The payor shall withhold the amount specified in the order from the income of the person obligated to pay support. No more than one-half of the obligor's disposable income for any period may be taken to satisfy an income withholding order issued for the support of any person. This would pertain to non-employee situations where the obligor receives, i.e., unemployment benefits, SSA, and so forth.
A.R.S 25-505.01 (A), (N.6)
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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). |
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An employer or other payor who receives the order of assignment may deduct from amounts due to you one dollar for each pay period, but not more than four dollars per month, for costs. The employer or payor also must deduct a monthly amount for the support payment handling fee required by state law (section 25-510, Arizona Revised 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. |
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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? |
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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? |
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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? |
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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? |
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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? |
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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. |
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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. |
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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. |
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In a title IV-D case, if a person is obligated to pay support, the department or its agent shall issue an income withholding order without prior notice to the obligor. The withholding order shall direct the holder of the monies to withhold and pay to the person or agency entitled to receive the support the amount ordered by the department.
A.R.S 25-505.01 (A)
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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. |
| Not applicable. |
| 10. How does a noncustodial parent contest an income withholding in your state? |
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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? |
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"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? |
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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. |
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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? |
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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.) |
| Remedies available through Automated Administrative Enforcement in Interstate Cases (AEI) are Financial Institution levies utilizing Financial Institution Data Match (FIDM) and Multi-State Financial Institution Data Match (MSFIDM. Personal assets such as savings, checking, money markets, Certificate Of Deposit (CD), and Individual Retirement Accounts (IRA) are subject to levy. |
| 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 or certified debt calculation, and the complete bank account information to process the Administrative Enforcement in Interstate Cases (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? |
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Arizona shall provide written notice to the noncustodial parent that it shall report the amount of the support owed to credit bureaus. Arizona shall send the report to the consumer reporting agency if the noncustodial parent does not respond to the notice. There is no minimum arrears balance requirement when reporting to credit bureaus.
A.R.S § 25-512
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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? |
| In the state of Arizona Credit Bureau reporting is an Administrative method. |
| 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?" |
| The case will report as long as it is open, but if the past-due arrears amount is met, the case will report 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, the initiating state shall be the state to submit. |
| 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, Arizona submits past-due cases. The minimum arrears criteria for certification is $500.00 for non-TANF cases or $150.00 for TANF cases. Both public and never assistance arrears include spousal maintenance to meet the threshold if it is in the same order as the child support. |
| 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, the initiating state shall be the state to submit. |
| 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? |
| Yes. The balance must be more than $250 for cases with current child support. If the case is arrears only, the balance used will be from the last court-ordered current child support amount. The last child support amount will be multiplied by 12. |
| 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. The balance must be more than $250 for cases with current child support. If the case is arrears only, the balance used will be from the last court-ordered current child support amount. The last child support amount will be multiplied by 12. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| Yes, AZ submits past-due cases to OCSE 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? |
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Yes. The noncustodial parent's account must not have less than $250 in the account. The account(s) is not receiving federally funded deposits such as Social Security Income (SSI) or Social Security Disability Insurance (SSDI), welfare benefits, Electronic Benefits Transfer (EBT), or student loans. Actions will be stopped, and account(s) will be exempt if any active bankruptcy is found.
A.R.S § 33-1126
For Additional Information -
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| Both Centralized and Automated. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| Arizona must have a valid child support order in effect. Arizona must have an open IV-D case. The arrears balance plus any child support judgments must be a greater amount than 12 months of 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
For Additional Information - No Link Provided |
| 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
For Additional Information - No Link Provided |
| 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
For Additional Information - No Link Provided |
| 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
For Additional Information -
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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. |
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15 days
For Additional Information -
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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. |
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The financial institution must leave $250.00 in the account. There is no difference for joint accounts.
For Additional Information - No Link Provided |
| 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.
For Additional Information - No Link Provided |
| 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
For Additional Information - No Link Provided |
| 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.
For Additional Information - No Link Provided |
| 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? |
|
For Additional Information - No Link Provided |
| 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.
For Additional Information -
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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
For Additional Information - No Link Provided |
| 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.) |
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Every 3 years or if less than 3 years with proof of substantial and continuous change, or every 3 years on TANF cases.
For Additional Information -
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| 2. What is your state's modification procedure? Briefly describe. |
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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.
For Additional Information - No Link Provided |
| 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)? |
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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.
For Additional Information - No Link Provided |
| 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.
For Additional Information - No Link Provided |
| 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
For Additional Information - No Link Provided |
| 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.
For Additional Information - No Link Provided |
| 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).) |
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Cases are reviewed every 3 years or if less than 3 years with proof of substantial and continuous change. DCSS is notified
For Additional Information - No Link Provided |
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.) |
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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. |
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No
For Additional Information - No Link Provided |
| 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. |
| No. |
| 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
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your state’s 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
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your state’s 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.
For Additional Information - No Link Provided |
| 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? |
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There is no cost when requesting a certified copy of an order. A request can be made in writing to the superior court in the county where the order originated. A transmittal #3 should be sent via mail or utilizing the Electronic Document Exchange (EDE) located in the Portal to the Arizona Central Registry.
For Additional Information - No Link Provided |
| 2. What are the procedures and associated costs for obtaining a certified payment record? |
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There is no cost when requesting a certified payment record, also referred to in Arizona as a Month by Month Certified Calculation. A transmittal #3 should be sent via mail or utilizing the Electronic Document Exchange (EDE) located in the Portal to the Arizona Central Registry.
For Additional Information - No Link Provided |
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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Arizona defines "Tribunal" as a court, administrative agency, or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine the parentage of a child.
A.R.S § 25-1202 (30)
For Additional Information -
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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)? |
| Yes, when an initiating state intends to mail paper copies to Arizona, all intergovernmental forms should be sent in a one-sided format. |
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).) |
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Yes. A Hague Convention country seeking a convention support order to be registered may send either of the following. A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on private international law.
Arizona Revised Statue (A.R.S) §25-1336
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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. |
| When Arizona receives an initial request for services from an initiating Convention Country or Arizona sends an initial request for services to a responding Convention Country, all pleadings and documents will be sent and received via mail. If information from the Convention Country is necessary when Arizona is initiating to a Convention Country, such as court orders, payment histories, or to facilitate service of process, or if missing or incomplete information from the initiating Convention Country is needed, Arizona will email the Central Authority of the Convention Country requesting the appropriate information. |
| 3. What methods of personal service does your state use? |
| Generally, service of a summons must be made by a sheriff, a sheriff's deputy, a constable, a constable's deputy, a private process server certified under Arizona Code of Judicial Administration § 7-204, or another person specially appointed by the court under 17B A.R.S. Rules Fam.Law Proc., Rule 40(d)(2). In Title IV-D Cases, If certified, a Field Locate Investigator employed by the Department of Economic Security may complete service in the manner set forth in 17B A.R.S. Rules Fam. Law Proc., Rule 41(c) in any action initiated by the State to determine paternity or to establish, modify, or enforce an order of support. Methods are: 1. Service by the Sheriff. If a sheriff or deputy sheriff serves a summons, the return of service must be officially marked on or attached to the proof of service and promptly filed with the court. 2. Service by Others. If served by another person, the return of service must be promptly filed with the court and be accompanied by an affidavit establishing proof of service. If served by a certified private process server, the affidavit must clearly identify the county in which the server is registered. 3. Service by Mail or National Courier Service. Proof of service by mail or national courier must be filed as provided in 17B A.R.S. Rules Fam.Law Proc., Rule 41(d). 4. Service by Publication. If the summons is served by publication, the return of the person doing such service must be made as provided in Rules 41(m) 5. Service Outside the United States. Service outside the United States must be proved under 17B A.R.S. Rules Fam. Law Proc., Rule 41(h) as provided in the applicable treaty or convention, or by a receipt signed by the addressee or other evidence satisfying the court that the summons and complaint were delivered to the addressee. |
| 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.) |
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Arizona does not have add-ons to the child support guideline amount. However, if applicable, some expenses can be factored in to adjust the amount calculated under the guidelines. Expenses would include Childcare cost, Cost of medical insurance, Extraordinary child expenses, and Education expense based on any reasonable and necessary expenses for attending private or special schools or necessary expenses to meet the particular educational needs of a child.
Arizona Child Support Guidelines-Section III.(B)
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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, Arizona's use of amicable solutions, such as Pre-filing conferences and Stipulations, is encouraged when possible. |
| 6. What circumstances will cause your state to end child support before the normal duration? |
|
Current child support may end if one or more of the following occurs;
The death of either party or the remarriage of the party receiving maintenance. Parties, including the Department of Child Support Services, file a notarized stipulation with the clerk that all obligations of support have been satisfied and that the obligor is no longer obligated to pay support. Parties who marry each other automatically terminate child support on the last day of the month in which the marriage takes place. If the child dies, if the child is adopted, the child gets married.
Arizona Revised Statue (A.R.S)§25-327 (B), 25-504 (O), 25-503 (P)(Q)
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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? |
| Arizona may still disburse payments via paper check to those countries that only accept this form of payment. However, Arizona can send electronic payments to those countries only accepting via Society for Worldwide Interbank Financial Telecommunications (SWIFT) or Central Authority Payment (CAP) service. |
| 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. If a foreign country has notified Arizona that they will not accept checks that are less than a certain amount, then the payments will be held on the case until they reach that threshold. Once the threshold amount is met, payments will then be released to be consolidated into one check disbursement instead of multiples. If a fee is charged, it is charged only once and not per multiple checks issued. However, if a foreign country is registered to receive payments via the Cap Center, cases with Arizona will undergo the Case Reconciliation process, after which our records for transmitting payments to that country will be updated to transmit via the Cap Center. |
| 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. However, payments can begin transmitting electronically through the Cap Center for those countries that are signed up to receive payments through this method. |
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. |
|
For Additional Information - No Link Provided |
| 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 |
