| 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). |
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. |
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. |
No.
N/A
For Additional Information - No Link Provided
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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. |
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. |
A child is emancipated, resulting in early termination of child support when any of the following applies;
1. On the date of the child's marriage.
2. An emancipation order exists.
3. When the child is adopted.
4. When the child dies.
A.R.S 25-501, A.R.S 25-503 (Q)(1,3,4), A.R.S 12-2453 (D)(1-2)
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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? |
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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)
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| 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. |
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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)
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| 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. |
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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)
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| 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)? |
AZ follows the Income Shares Model, which considers the income of both parents.
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| 2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
170 days, evidence includes written schedule,
verbal testimony, parenting plan, and court
order.
For Additional Information - No Link Provided
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| 3. 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. |
In calculating support arrearages not reduced to a final written money judgment, interest accrues at the rate of 10% per annum beginning at the end of the month following the month in which the support payment is due, and interest accrues only on the principal and not on interest. A support arrearage reduced to a final written money judgment accrues interest at the rate of 10% per annum and accrues interest only on the principal and not on interest.
Past support reduced to a final written money judgment before September 26, 2008, for retroactive support accrues interest at the rate of 10% per annum beginning on entry of the judgment by the court and accrues interest only on the principal and not on interest. Past support reduced to a final written money judgment beginning on September 26, 2008, for retroactive support does not accrue interest for any time period.
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| 4. 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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In calculating support arrearages not reduced to a final written money judgment, interest accrues at the rate of 10% per annum beginning at the end of the month following the month in which the support payment is due, and interest accrues only on the principal and not on interest. A support arrearage reduced to a final written money judgment accrues interest at the rate of 10% per annum and accrues interest only on the principal and not on interest.
Past support reduced to a final written money judgment before September 26, 2008, for retroactive support accrues interest at the rate of 10% per annum beginning on entry of the judgment by the court and accrues interest only on the principal and not on interest. Past support reduced to a final written money judgment beginning on September 26, 2008, for retroactive support does not accrue interest for any time period. |
| 5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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Past support reduced to a final written money judgment before September 26, 2008, for retroactive support accrues interest at the rate of 10% per annum beginning on entry of the judgment by the court and accrues interest only on the principal and not on interest. Past support reduced to a final written money judgment beginning on September 26, 2008, for retroactive support does not accrue interest for any time period. |
| 6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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Not the IV-D agency. The parties must pursue the matter in court. |
| 7. 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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In a title IV-D case in which an order of child support has been established and the obligee under the order surrenders physical custody of the child to a caretaker for thirty consecutive days, whether or not there is a custody order, the obligee's right to child support for that child transfers to the caretaker by operation of law and is subject to assignment by the caretaker. The transfer of the right to child support terminates when the caretaker no longer has physical custody of the child, except for the amount of unpaid child support still owing to the caretaker or to the department. |
| 7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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No. |
| 8. 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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In a title IV-D case in which an order of child support has been established and the obligee under the order surrenders physical custody of the child to a caretaker for thirty consecutive days, whether or not there is a custody order, the obligee's right to child support for that child transfers to the caretaker by operation of law and is subject to assignment by the caretaker. The transfer of the right to child support terminates when the caretaker no longer has physical custody of the child, except for the amount of unpaid child support still owing to the caretaker or to the department. |
| 9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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Yes |
| 9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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No |
| 10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
No
For Additional Information - No Link Provided
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| 11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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No additional credit is given beyond the monthly obligation. |
| 12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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If the other state is enforcing an AZ court order and we find out that the payor is receiving social security benefits, then AZ will either ask the other state to issue the IWO to SSA or request the responding jurisdiction (RJ) to close the case and issue a withholding to SSA.
If AZ is enforcing another state’s court order and we find out that the payor is receiving social security benefits, we will issue the IWO to SSA unless the initiating jurisdiction (IJ) requests that AZ stop enforcing. |
| 13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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Arizona closes cases in both scenarios, per CFR.303.11 |
| 14. Does your state child support agency have a debt compromise program? |
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Pursuant to department rules, the department may compromise or settle any support debt owed to the department if the director or an authorized agent determines that it is in the best interest of this state and after considering each of the following factors:
1. The obligor's financial resources.
2. The cost of further enforcement action.
3. The likelihood of recovering the full amount of the debt.
A.R.S. § 25-510
A.R.S. § 41-1954 |
| 15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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If the obligor does not owe current support but arrearages remain unpaid, the department or its agent may issue or adjust an income withholding order only for arrearages. The income withholding order shall be in the amount of the most recent current support order or the most recent order regarding the payment on arrearages, whichever is greater. A.R.S. § 25-505.01 |
| 16. 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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In Arizona, a move of a child from the custodial parent to the non-custodial parent is considered a modification of the child custody order and requires a court determination. |
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No
For Additional Information - No Link Provided
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| 2. How is genetic testing coordinated within your state when the other party is in another state? |
In Arizona, genetic testing coordination when one party is in another state requires consideration of various factors, including informed consent, confidentiality, and poteneially, the need for a licensed genetic counselor in Arizona if the testing is being performed in the state.
For Additional Information - No Link Provided
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| 3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95% A.R.S. 25-814
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| 4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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 marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
No.
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| 6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No
For Additional Information - No Link Provided
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| 7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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Putative Father's Registry |
| 8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
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
For Additional Information - No Link Provided
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| 9.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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No |
| 10. 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? |
No. Arizona does not recognize common-law marriages of co-habitants created within the State of Arizona.
For more information- A.R.S 25-111 (A-C)
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00111.htm
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| 10.1 Describe any circumstances under which these fees may be waived? |
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Not applicable |
| 11. 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. |
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No. Arizona does not recognize common-law marriage |
| 12. 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. |
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Not applicable |
| 13. 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? |
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An initiating jurisdiction sends one intergovernmental packet to our state with a separate Declaration in Support of Establishing Parentage form for each child. |
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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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. |
Not applicable to the State of 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. |
When DCSS is unable to obtain a stipulated order
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
Arizona uses a shared income model. The incomes of both parties are used in determining the child support obligation
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| 2.1. What documentation is required as proof/evidence of this information? |
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Each party would need to complete an Adjusted Child Support Income document which is computer based. The Combined Adjusted Child Support Income will be used to determine the Basic Child Support Obligation. The computer-based Child Support Worksheet will insert this upon entry of Combined Adjusted Child Support Income. The total represents the total amount of cost that the courts must consider for child support determination. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
In an action to establish child support, the amount resulting from the guidelines is the amount ordered. If application of the guidelines would be inappropriate in a particular case, the court shall deviate from the guidelines using the following criteria: the court has considered the best interests of the child in determining a deviation and a deviation reducing the amount of support paid not contrary to the child's best interests; the court makes written findings that the guidelines are inappropriate and has considered the child's best interest; the court shows what the order would have been without the deviation; the court shows what the order is after deviating. The court may deviate from the guidelines if the parties agree and only if all of the following criteria are met: The agreement is written; the parties sign the agreement with knowledge of the amount of support that would have been ordered by the guidelines but for the agreement; all parties sign the agreement free of duress and coercion and the court complies with the state law and case law.
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes
Past support may be awarded up to 3 years prior to the filing date of a court proceeding to establish paternity and/or a child support order. The past support amount is awarded at the discretion of the court.
For Additional Information - No Link Provided
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Verification of paternity, birth certificate, paternity order, or marriage and divorce dates of the parents as well as financial information.
For Additional Information - No Link Provided
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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? |
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No |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
The court may award past support for up to 3 years.
Arizona is unable to obtain orders reduced to judgment specifically for reimbursement of state arrears only. However, if your state's assigned arrears have been reduced to a judgment, Arizona will enforce any of those judgments for your state assigned arrears.
For Additional Information - No Link Provided
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No
For Additional Information - No Link Provided
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| 5.1. What about when public assistance is not being expended? |
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No |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
If the court order states that the current child support is reversed, then a Transmittal #1 should be sent requesting the establishment of a current child support order. If the court order states that the current child support obligation is $0.00, then a Transmittal #1 should be sent requesting a modification of the current child support obligation.
For Additional Information - No Link Provided
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| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
No, but the new custodian must provide evidence that he or she has physical custody of the child.
For Additional Information - No Link Provided
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| 1. What are specific sources of income not subject to withholding? |
One-half of an obligor's disposable earnings is exempt. In the case of a prisoner, the mandatory deductions 25% of the prisoner's gross wages until the prisoners account exceeds a $50 balance.
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. 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 policy or procedures allowing the agency to use lower limits than the CCPA? |
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No |
| 3. 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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No |
| 4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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The income withholding order is an assignment and is binding fourteen days after receipt on an existing and future employer or payor of the person ordered to pay support or spousal maintenance on whom a copy of the income withholding order and notice of withholding is served.
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| 5. What are your state’s sanctions for employers for not implementing income withholding? |
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An employer that will fully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
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| 6. What are the penalties to an employer for failure to remit payments withheld? |
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Any employer or other payor who fails without good cause to comply with the terms of the income withholding order may be liable for amounts not paid to the support payment clearinghouse pursuant to the income withholding order, reasonable attorney fees and costs incurred and may be subject to contempt. The department may initiate an action in superior court to enforce this subsection. |
| 7. 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 |
| 7.1 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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A. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 25-1241, subsection B, it shall file the petition or pleading and notify the petitioner of where and when it was filed.
B. A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
3. Order income withholding." |
| 8. 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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No |
| 8.1 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. |
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AZ will accept UIFSA Transmittal #1. AZ will open a case, attempt to seize and distribute money, and then close the case immediately after, if appropriate. AZ requires a copy a copy of the court order and a copy of the payment record. |
| 9. How does a noncustodial parent contest an income withholding in your state? |
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Any obligor, employer or other payor may challenge the income withholding order issued by the department or its agent by filing a written request for administrative review with the department or its agent within ten days after receipt of the notice of income withholding order from the employer or payor. |
| 10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
"The Title IV-D Agency shall distribute monies collected in a Title IV-D case in accordance with state and federal law and the provisions of this Article in the following sequence to:
1- Current Child Support
2- Current spousal maintenance
3- Current cash medical support
4- Child support judgments for arrearage for past support, and the applicable corresponding interest
5- Spousal maintenance judgments for arrearage or past support and the applicable corresponding interest
6- Pregnancy and childbirth judgments and the corresponding inerest
7- Cash medical support judgments and the corresponding interest
8- Judgments for uncovered medical costs and the corresponding interest
9- Child support arrearages not reduced to a written judgment and the corresponding interest
10- Spousal maintenance arrearages not reduced to a written judgment and the corresponding interest
11- Cash medical support arrearages not reduced to a written judgment, and the corresponding interest
12- Current month's handling fee
13- Handling fees owed to the Support Payment Clearinghouse
14- IRS tax reversals
15- Other fees or costs
16- Futures"
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| 11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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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) |
| 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.) |
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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? |
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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? |
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? |
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Transunion, Equifax, Experian, and Innovis |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
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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?" |
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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 OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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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 OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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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 OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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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 OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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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 OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
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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 OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
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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 OCSS for passport denial? |
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Yes, AZ submits past-due cases to OCSS for passport denial. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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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? |
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
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
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Both Centralized and Automated. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
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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
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| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
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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
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| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes. The financial institution
For Additional Information - No Link Provided
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| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
Immediately upon receipt of the Notice to Surrender
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. |
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. |
The financial institution must leave $250.00 in the account. There is no difference for joint accounts.
For Additional Information - No Link Provided
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| 25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
|
By filing a request for administrative review, the request must be in writing and signed by the requesting party and shall include residential and mailing address. The request shall state the basis for the dispute and
include any relevant information to assist, a copy of the order issued and documentation and notices sent by the department. A.R.S. 25-522(A) |
| 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. |
If there is a court ordered judgment or if the obligor is in arrears in an amount equal to twelve months of support, the department may issue a levy and collect the amount owed by the obligor by levy on all property and rights to property not exempt under federal or state law.
For Additional Information -
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
The department or its agent shall notify an obligor who is at least six months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support that the obligor may be referred to court for a hearing to suspend or deny the obligor's driver license or recreational license. |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
|
If the obligor has complied with the support order since the suspension or denial, the obligor may petition the court for a hearing. If the obligor establishes at the review hearing that the obligor is in compliance with the support order or a court ordered plan for payment of arrearages, the court shall send a certificate of compliance to the board or agency. Except for licenses issued under title 17, the obligor may then apply for license reinstatement and shall pay all applicable fees. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
|
" To be eligible for a restricted license pursuant to subsection A, paragraph 2 of this section, the obligor must do all of the following:
1. Be employed for at least thirty hours per week.
2. Have a place of employment or attend a school that is located more than one mile from the obligor's place of residence.
3. Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner.
4. Enter into a payment plan with the department of economic security to pay the child support arrearage. If the court finds that the obligor is not in compliance with the agreement at any time, the obligor is subject to license suspension pursuant to this section." |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
|
Notwithstanding the requirements of this section, if an obligor is at least six months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support, the title IV-D agency or its agent may issue a notice to the obligor that the obligor's professional or occupational license may be suspended. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
|
"The support payor must pay off arrears balance, enter into a
payment agreement or modify the child support order. " |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
|
Yes. The support payor must be employed 30 hours a week. have a place of employment or attend a school that is located more than one mile from the support payors place of residence. Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner. Enter into a payment plan with the department of economic security to pay the child support arrearage. If the court finds that the obligor is not in compliance with the agreement at any time, the obligor is subject to license suspension pursuant to this section.
A.R.S. 25-518
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| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
|
"The support payor must be six months in arrears to have a
driver's license, professional license or occupational license
suspended. " |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
|
"The support payor must pay off arrears balance, enter into a
payment agreement or modify the child support order. " |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
Yes. The support payor must be employed 30 hours a week. have a place of employment or attend a school that is located more than one mile from the support payors place of residence. Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner. Enter into a payment plan with the department of economic security to pay the child support arrearage. If the court finds that the obligor is not in compliance with the agreement at any time, the obligor is subject to license suspension pursuant to this section. |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
The support payor must be two months in arrears. |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
|
Arizona processes both judicial and administrative liens. |
| 38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
|
Arizona does not sell seized property. However, Arizona may enforce asset seizure by placing a lien, preventing the party from selling the property until the child support debt is fully paid. In Arizona, the Department of Child Support Services (DCSS) can file both judicial and administrative liens on property to enforce child support orders. |
| 39. Does your state have 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. This is an Administrative process. |
| 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. This may include lottery winnings, event wagering winnings and/or fantasy sports contest prizes |
| 40.1 If yes, is this enforcement judicial, administrative, or both? |
|
This is an administrative process. |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
All current administrative enforcement actions may consist of the following: Administrative Levy, Lien, Income Withholding Order, State and Federal offset and intercepts, Limited Income Withholding Order, Lottery intercept, Passport Denial, Consumer Credit Reporting, Unemployment Insurance Withholding Order, Workers Compensation Withholding Order. |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
Judicial enforcement actions may consist of contempt, driver, recreational and professional license suspensions. |
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every 3 years or if less than 3 years with proof of substantial and continuous change, or every 3 years on TANF cases.
For Additional Information -
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| 2. What is your state's modification procedure? Briefly describe. |
Arizona reviews for a modification upon request of either on non-TANF cases and automatically every three years on TANF cases. There must be substantial and continuing change of circumstances if a request for review is made in less than three years. This can be done by a hearing or by simplified guidelines procedures. Arizona modifies a support order when the obligor is incarcerated, the obligor is receiving SSI, or the obligor's income is not compatible with the child support obligation.
At this time (during the Covid-19 situation) AZ is still able to move forward with reviewing a support obligation for a modification, even though the process may be somewhat delayed.
For Additional Information - No Link Provided
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| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
The application of the guidelines compared to the current child support order must result in an order that varies by 15% or more for modification, even though the process may be somewhat delayed.
For Additional Information - No Link Provided
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| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
Arizona modifies a support order when the obligor is incarcerated, the obligor is receiving SSI, or the obligor's income is not compatible with the child support obligation.
At this time (during the Covid-19 situation) AZ is still able to move forward with reviewing a support obligation for a modification, even though the process may be somewhat delayed.
For Additional Information - No Link Provided
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| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
|
Yes |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
|
Yes |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes
For Additional Information - No Link Provided
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| 4.4. The cost of living has changed. |
|
No |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
|
No |
| 4.6. There has been a substantial change in childcare expenses. |
|
No |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Other criteria include but are not limited to: a determination of disability, a change in custody/parenting time, one or more children of the parties has emancipated, birth of additional children, and medical changes or premium costs.
For Additional Information - No Link Provided
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| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
|
No |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Cases are reviewed every 3 years or if less than 3 years with proof of substantial and continuous change. DCSS is notified
For Additional Information - No Link Provided
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| 7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
|
It is possible |
| 8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
|
No |
| 9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
|
Yes |
| 1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).) |
Yes. 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
For Additional Information -
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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.) |
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.
Using link below select- 2022 Arizona Child Support Guidelines-Section III.(B)
For Additional Information -
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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)
For Additional Information -
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| 1. Does your state require electronic payments? If yes, provide your state statutory citation. |
|
No |
| 2. What is your state's SDU bank name? |
|
The SDU bank is Bank of America.
|
| 3. What is your state's SDU vendor name? |
|
Informatix Inc
www.informatixinc.com
|
| 4. What is your state's web-based payment service for employers? |
|
Website: iPayOnline
Email: AZCPPOutreach@Informatixinc.com
Phone: 1-844-518-4385 Toll Free
Website: https://ipayonline.azsdu.net/iPayOnline/
|
| 5. What is your state's web-based payment service for noncustodial parents? |
|
For IV-D Cases: (https://www.velocitypayment.com/vbills/bankofamerica/azdes/login.go)
For Non IV-D Cases: https://ipayonline.azsdu.net/iPayOnline/
|
| 6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
|
Visa, MasterCard, Discover Card, AMEX |
| 7. How does your state accept card payments? |
|
local child support offices and AZ Payment Gateway (https://www.velocitypayment.com/vbills/bankofamerica/azdes/login.go) |
| 8. Are there fees associated with the credit card payments? |
|
No Fees for online and phone. Only when using a mobile device app, there is a 2.85% convenience fee and
participating retailers for in person there is a $2.49 convenience fee. A.R.S. 25-522(A) |
| 9. Does your state have other payment options? |
|
Yes. Support payors can make payments: online, by phone, mail, mobile device or in person. Check, money order and cashier's checks accepted. |
| 10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
|
1st pay period occurring 14 days after date of notice A.R.S. 25-504(E) |
| 11. When must an employer remit amounts withheld from an employee's pay? |
|
Within two business days after the obligor is paid or after
the payment to the obligor is due. A.R.S. 25-504(H) |
| 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? |
|
Federal, state local taxes. Medical, dental and vision insurance. Monthly child care costs, court ordered
spousal maintenance, court ordered child support of other relationships, support of other children. |
| 13. What is your state's priority for withholdings? |
|
Child support withholding has priority over all other attachments, executions, garnishments, or assignments. A.R.S. § 25-505.01 |
| 14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
|
Yes A.R.S. § 25-505.01 |
| 15. What are the withholding limits for non-employees? |
|
50 % of the payment A.R.S. § 25-505.01 |
| 16. 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 prorated 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 to obtain the amount to be allocated to each family. |
| 17. When does your state require employers to send notice of an employee's termination? |
|
10 days after termination |
| 18. How long should an employer retain the order after the employee's termination? |
|
At least 90 days A.R.S. § 25-505.01(K) |
| 19. 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)) |
|
For the cost of compliance the employer or payor may also withhold and retain an additional one dollar per payment but not more than four dollars per month for each obligor.
A.R.S. § 25-504.H |
| 20. Provide your state's statutory citation. |
|
A.R.S. §§25-504, 33-1131;
A.R.S. § 25-505.01 |
| 21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
|
Yes, lump sum payment includes severance pay, sick pay, vacation pay, bonuses, insurance settlements, commissions, stock options, excess proceeds, retroactive disability proceeds and personal injury awards. A.R.S. § 25-505(E) |
| 22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No
Arizona Revised Statute 25-505
For additional information, visit the state website. |
| 23. Does your state have a threshold amount for a lump sum to be reported? |
|
The department or its agent may issue a limited income withholding order to any employer, payor or other holder or lump sum payment that is owed or held for the benefit of the obligor. THe department or its agent shall serve the order in the same manner as prescribed in section 25-505.01 for service of income withholding order. The employer, payor or holder shall deliver or mail by first class mail a copy of the order to the obligor within ten days after service on the employer, payor or holder. A.R.S. § 25-505(A) |
| 24. Does your state citation or rule provide how long the employer must hold the lump sum? |
|
Not Applicable |
| 25. Is the Income Withholding Order (IWO) used for lump sums? |
|
Yes |
| 26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO 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.? |
|
Limited Income Withholding Order |
| 27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
|
Yes, DCSE may intercept up to 50% of the disposable lump sum if it is reported as income. |
| 28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
|
No
ARS 25-505 (defines lump sums) |
| 29. What is your state's Medical Support Statute? |
|
A.R.S. § 25-320(D)(6) A.R.S. § 25-504 A.R.S. § 25-505.01 A.R.S. § 25-505.02 A.R.S. § 25-529 A.R.S. § 25-531 A.R.S. § 25-532 A.R.S. § 25-533 A.R.S. § 25-534 A.R.S. § 25-535 A.R.S. § 33-1131
|
| 30. What is your state's Reasonable Cost Definition? |
|
A.R.S. 25-320(R)(4) states:
"Reasonable cost" means an amount that does not exceed the higher of five per cent of the gross income of the obligated parent or an income-based numeric standard that is prescribed in the child support guidelines. |
| 31. What is the Health Coverage Expense? |
|
A.R.S. § 25-505.01 A.R.S. § 25-505.02
The total "family option" - employees' individual coverage, then the remainder amount is divided by the number of dependents.
EXAMPLE: Through an employment-related insurance plan, a parent provides medical insurance that covers the parent, one child subject of the child support case and two other children. Under the plan, the cost of an employee's individual insurance coverage would be $120. This parent instead pays a total of $270 for the "family option" that provides coverage for the employee and any number of dependents. Calculate the adjustment for medical insurance as follows: Subtract the $120 cost of individual coverage from the $270 paid for the "family option" to find the cost of dependent coverage. The $150 remainder then is divided by three - the number of covered dependents. The resulting $50 is added to the Basic Child Support Obligation as the cost of medical insurance coverage for the one child. |
| 32. What is the Income Withholding Limits for Support? |
|
A.R.S. § 33-1131(A) 15 U.S.C. § 1673(b) A.R.S. § 25-504 A.R.S. § 25-505.01(N)(6)
Withholding Limits: You may not withhold more than the lesser of 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C.1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. |
| 33. What is the Priority of Withholding? |
|
Statute or policy citation A.R.S. § 25-504 A.R.S. § 25-505.01 A.R.S. § 33-1131
In Arizona, the deduction of the health insurance premium is the second priority after current support is paid.
Rank priority of support
1. Current Support
2. Health Insurance Premiums
3. Arrears
4. Interest |
| 34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
|
Statute or policy citation A.R.S. § 25-504 A.R.S. § 25-505.01 A.R.S. § 33-1131 |
| 35. According to 45 CFR §303.32(a), what are your state options? |
|
A.R.S. § 25-535(A)
In a title IV-D case, a parent who is required by an administrative or court order to provide health insurance coverage for a child shall provide the department or its agent with the name of the health insurance coverage plan under which the child is covered, the effective date of the coverage, a description of the coverage, the name of the employer and any other necessary information, forms or documents related to the health insurance coverage as provided to all new members within thirty days after the support order is established. |
| 36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
|
A.R.S. § 25-522(A)
The employee should contact the Arizona Child Support Customer Service by phone at (602) 252-4045,or Toll-Free at (800) 882-4151, Monday - Friday, 7:00 am - 5:30 pm (MST). |
| 37. What is the reporting timeframe (non-magnetic media only)? |
|
Within 20 days of hire date A.R.S. 23-722.01(D) |
| 38. What are the required data elements? |
|
New Hire Information: Employee name, Employee address, SSN, First day of work, State of hire, Employer name, Employer address, FEIN; A.R.S. 23-722.01(D)(1-3) |
| 39. What are the methods of transmission? |
|
Online (state portal), Electronic reporting, First Class Mail, Fax A.R.S. 23-722.01(C) |
| 40. Does your state require independent contractor reporting? |
|
No. While it is not mandatory for most employers in Arizona, governmental agencies are specifically required to report independent contractors they hire to the Arizona New Hire Reporting Center. |
