A.R.S. tit. 46 ch. 3 — Arizona Revised Statutes Title 46 Chapter 3 — Child Support Obligations

46-401. Purpose It is the public policy of this state that parents shall be responsible for the support of their dependent children in order to relieve or avoid the burden often borne by the general citizenry through public assistance programs. The existing remedies pertaining to family desertion and nonsupport of dependent children may be augmented by the additional remedies as provided in this chapter, which are directed to the resources of the parents. These remedies are intended to be additional to those provided under existing law. 46-402. Definitions In this chapter, unless the context otherwise requires: 1. "Absent parent" means the non-custodial natural or adoptive father or mother of a dependent child. 2. "Business day" has the same meaning prescribed in section 25-500. 3. "Court" means any court in this or any other state having jurisdiction to determine the liability of persons for the support of another person. 4. "Court order" means any judgment or order of any court that orders payment of a set or determinable amount of support money. 5. "Department" means the Arizona department of economic security. 6. "Dependent child" means a person under the age of eighteen who is eligible for temporary assistance for needy families as provided in chapter 2, article 5 of this title. 7. "Director" means the director of the department of economic security or the director's designee or authorized representative. 8. "Obligee" has the same meaning prescribed in section 25-500. 9. "Public assistance" or "assistance" means any money payments made by the department that are paid to or for the benefit of any dependent child as provided in chapter 2, article 5 of this title. 10. "State" includes a state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico. 11. "Title IV-D" has the same meaning prescribed in section 25-500. 46-403. Authorization of department to act Commencing with the payment of public assistance by the department, the director may take action as provided in this chapter to collect child support. 46-404. Notice; service; order A. At any time after the department is assigned support rights or a public assistance payment is made, the director may issue a notice to be served upon the absent parent in the manner prescribed for service or summons in a civil action. B. The notice shall include: 1. The name of the dependent child or children for whom support is to be paid. 2. A statement that the department intends to review the absent parents' support obligation. 3. A statement that within ten days after service, he may contact the department office which served the notice to review his financial status. 4. A statement that the absent parent is required to notify the department of any change of address or employment. 5. A statement that if the absent parent has any questions, he should contact the department office serving the notice or respond through an attorney. C. The department and the absent parent may enter into an agreement in which they stipulate as to the amount of support and method of payment that the absent parent shall pay monthly to the clerk of the court. The department, through the county attorney, shall petition the superior court for an order approving the stipulation and such order shall be enforced by the county attorney. D. Failure to respond to the notice will result in referral to the county attorney for further action. E. Failure to reach agreement on the amount of support which is to be paid will result in the matter being referred to the county attorney for further action. F. A court order entered pursuant to this chapter does not nullify and is not nullified by a court order made pursuant to any other law except that a court having jurisdiction to do so may modify a prior court order by expressly stating so within its order. Amounts paid pursuant to a court order entered pursuant to this chapter for a particular period shall be credited against amounts accruing or accrued for the same period under any other court order. 46-406. Funding for administration of public assistance services of child support enforcement program; expenditure limitation A. Subject to legislative appropriation, the department of economic security shall administer the child support enforcement program from the state's share of the child support collections received on public assistance cases. B. Monies appropriated to the department of economic security for child support purposes shall be used to administer services of the child support enforcement program pursuant to the requirements of title IV-D of the social security act (42 United States Code section 651). C. The total amount of state monies that may be spent in any fiscal year by the department of economic security for temporary assistance for needy families from child support enforcement monies shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose. 46-407. Assignment of rights to support; definition A. The right to support of a child and spouse who receive temporary assistance for needy families pursuant to Public Law 104-193 and chapter 2, article 5 of this title and the right to medical support of a child who receives medical assistance under title XIX of the social security act is assigned to this state by operation of law. The support rights are assigned to the state regardless of whether the applicant for assistance has any right to receive the support. The department shall take all steps necessary to enforce the assigned rights to support. B. The support rights assigned to the state apply to all children of the household for whom temporary assistance for needy families is granted. If a child is denied temporary assistance for needy families due to the receipt of social security income for the child or the child is subject to section 46-292, subsection H, the department shall divide the court ordered child support amount by the number of children in the court order. The prorated amount is exempt from assignment for the child who is receiving social security income or subject to section 46-292, subsection H. C. The right to support of a child on whose behalf foster care maintenance payments are made is assigned pursuant to section 8-243.02. If the child support order covers more than one child, the department shall determine the amount to be distributed to the state by dividing the court ordered support amount by the number of the children in the court order. D. For the purposes of this section, "support" has the same meaning prescribed in section 25-500. 46-408. Assignment of support rights; priority; definitions A. The assignment under section 46-407 is subject to all of the following: 1. Terminates with respect to current support when the person entitled to receive support is no longer receiving temporary assistance for needy families. 2. While receiving temporary assistance for needy families the assignment applies to any rights to support from any other person. Before October 1, 2009, the assignment applies to any support that accrued before receiving temporary assistance for needy families. On or after October 1, 2009, the assignment does not apply to any support that accrued before receiving temporary assistance for needy families. 3. Does not preclude enforcement of support in the name of the person entitled to receive support. 4. Does not bind any person who lawfully pays support to the person entitled to receive support. 5. Does not assign amounts that exceed the amount of temporary assistance for needy families paid to the person entitled to receive support to which the state is entitled to be reimbursed. 6. When the person entitled to receive support is not receiving temporary assistance for needy families, amounts paid for support shall be credited first to that month's current court ordered support up to an amount equal to the amount of the court order in effect at the time of payment and the excess, if any, shall be subject to the assignment. 7. The assignment applies to arrearages provided in the court order subject to the following priorities: (a) If the person entitled to receive support is currently receiving temporary assistance for needy families, the state's claim for arrearages shall have priority over all other support claims except for current support. (b) If the person entitled to receive support is not currently receiving temporary assistance for needy families, the state and the person entitled to receive support shall have a proportionate claim for any arrearages owed to the state and the custodial parent under a child support order. The arrearage payment shall be distributed on the total outstanding arrearage amount and the percentage of the total outstanding arrearage owed to the state and the person entitled to receive support. B. Notwithstanding subsection A, paragraph 7 of this section, for distributions that occur or should have occurred beginning October 1, 1997, the department shall distribute support payments as prescribed in title IV-D of the social security act and its implementing regulations as follows: 1. Distribute to the family amounts not subject to the assignment. 2. Pay the federal government the federal share of the amount collected. 3. Retain the state share of the amount collected. 4. Retain payments collected through the federal income tax refund intercept program to the extent past due support has been assigned to the state. Any amount collected in excess of the past due support assigned to the state shall be distributed to the past due support owed to the family. C. An obligee who disagrees with the distribution or disbursement of support payments pursuant to subsection B of this section may request an administrative review pursuant to section 25-522 within thirty business days after the date of the department's notice to the obligee of the distribution and disbursement of support received for the prior period. D. In title IV-D cases, the department shall send written notice to the obligee regarding distribution and disbursement of support for the most recent quarter of the year. The obligee has thirty business days after the date of that notice to submit a written request for an administrative review. The department or its agent shall send a written notice of acknowledgment of receipt of request for administrative review to the obligee within ten business days after it receives a timely request for review. If the department or its agent needs additional information from the obligee to respond to the request for review, the department shall indicate this fact in writing. The department or its agent may also request information from other sources. The department or its agent shall issue a written determination not later than thirty business days after the date of the notice of acknowledgment of receipt of request for administrative review or, if additional information is required, not later than thirty business days after it receives this information. If additional information requested by the department or its agent is not received within thirty business days after the request for more information, the department or its agent shall issue a written determination within ten business days after the due date based on the information available. The department or its agent shall send a copy of the written determination to the obligee by first class mail. E. The obligee shall make any appeal of the department's or its agent's determination in writing pursuant to title 41, chapter 14, article 3 and shall file it in the department's office of appeals within thirty business days after the date of the written determination. An obligee may appeal the department's final determination pursuant to section 41-1993. F. A payment that is credited against past due support shall be applied first to principal and then to interest. G. The department may adopt rules addressing interest and distribution of all monies received by the department in child support cases. H. For the purposes of this section: 1. "Arrearage" has the same meaning prescribed in section 25-500. 2. "Business day" means a day on which state offices are open for regular business. 3. "Support" has the same meaning prescribed in section 25-500. 46-441. Support payment clearinghouse; records transfer; payment; definition A. The department shall establish a central support payment clearinghouse to receive, disburse and monitor support payments pursuant to title IV-D of the social security act. B. Unless the court orders that support or maintenance be paid directly to the party entitled to receive it, all orders for support shall direct payment of support or maintenance through the support payment clearinghouse. All orders that specify payments through the clerk of the superior court shall be deemed to require payment to the support payment clearinghouse after a notice to the obligor is issued. C. The clerk of the superior court shall provide copies of all payment histories and relevant legal documents pertaining to the issue of support. D. On request the support payment clearinghouse shall promptly furnish to the person entitled to receive support or maintenance information on the current status of payments received and processed through the support payment clearinghouse. E. Support payments and handling fees in an amount prescribed in section 25-510 for the monthly support handling fee shall be paid to the support payment clearinghouse. The director shall deposit, pursuant to sections 35-146 and 35-147, the handling fees received by the department in a child support enforcement administration fund. F. If after reasonable efforts to locate the obligee the support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not make further payment and shall return the payments to the obligor as prescribed in section 25-503. G. The support payment clearinghouse shall have an accounting system for monitoring child support payments. The records of the support payment clearinghouse are prima facie evidence of payment or nonpayment of support. H. Payment of any money directly to an obligee or to a person other than the support payment clearinghouse shall not be credited against the support obligation unless the direct payments were ordered by the court, or made pursuant to a written support agreement by the parties. I. The support payment clearinghouse shall issue copies of payment histories for payments received and processed through the support payment clearinghouse on request and may charge a fee for these services. J. For the purposes of this section "support" has the same meaning prescribed in section 25-500. 46-442. Child support case registry; data sharing; unauthorized disclosure; civil penalty A. The department shall establish a registry of child support orders to receive information on each title IV-D case and on each case with a support order established, modified or registered in the state beginning on October 1, 1998. The clerk of the superior court shall assist the department in establishing the child support case registry. B. In administering the child support case registry, the department shall receive and share information from other sources including other state data bases and information comparison services. The information in the child support case registry shall be used to compare with other state or federal data bases or information comparison services as needed. C. Except as provided by federal law, the information collected pursuant to this section shall not be disclosed pursuant to title 39, chapter 1. An employee or agent of this state who discloses any information collected pursuant to this section without authorization is subject to a civil penalty of one thousand dollars for each offense. The department may impose and collect the penalty and shall deposit, pursuant to sections 35-146 and 35-147, monies collected under this subsection in the state general fund. D. The director may adopt rules to implement this section. 46-443. Child support case registry; location information; presumptions concerning notice A. Beginning on October 1, 1998, on establishment of paternity or issuance of a support order in a title IV-D case, each party to any child support action shall file with the child support case registry and update, as appropriate, the following information: 1. Full name. 2. Social security number. 3. Date of birth. 4. Residential and mailing addresses. 5. Telephone number. 6. Driver license number. 7. Name, address and telephone number of the current employer. B. Any change in the information filed pursuant to subsection A shall be reported to the child support case registry within ten days. C. On establishment of a support obligation and issuance of a court order in a title IV-D case, the department in a subsequent child support enforcement action shall notify a party to the action by written notice delivered to the party by first class mail to the most recent residential or employer address filed by the party with the child support case registry. On a sufficient showing that diligent effort has been made to ascertain the location of the party, the court or administrative agency of competent jurisdiction shall deem due process requirements for notice and service of process to be met. 46-444. Transfer of support rights; disbursement of support payments A. 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 pursuant to section 46-407. 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. B. The department may disburse child support payments to a caretaker who has had physical custody of the child for thirty consecutive days or physical custody with the obligee's consent for thirty consecutive days. The department may not disburse monies that have already been disbursed to the obligee in the underlying order. If the department makes disbursements pursuant to this subsection, the department shall begin disbursements on the first day of the month after the expiration of the thirty-consecutive-day period that started on the date the caretaker took custody of the child. C. The department may retain child support payments assigned by the caretaker on verification that the caretaker is receiving cash assistance for a child subject to a support order and the child support payment is subject to an assignment pursuant to section 46-407. D. In a title IV-D case in which there has never been an assignment of child support, on determination that physical custody has changed, the department may disburse all child support collected after physical custody has changed to the caretaker. E. Before the department disburses child support payments to any person other than the obligee, the department shall: 1. Obtain a written statement from the child's caretaker, under penalty of perjury, stating that the caretaker has had physical custody of the child for thirty consecutive days or custody with the obligee's consent for a period of thirty consecutive days. A written statement is not required if there is a court order that places the child with the caretaker. 2. Mail a copy of the caretaker's statement or court order along with a notice of the change in disbursement to the obligor and obligee at the obligor's and obligee's last known addresses. 3. File a copy of the notice of change in disbursement with the clerk of the court that entered the original support order. F. The obligee, the obligor or any other caretaker may object to the disbursement to the caretaker by requesting an administrative review pursuant to section 25-522 within ten days after the date of the notice. The administrative review is limited to deciding if the caretaker has lawful physical custody of the child or physical custody with the obligee's consent. G. If the obligee claims that the child remains in the obligee's custody, on a determination that the physical custody is with a caretaker, the department may distribute child support collected to the caretaker. H. If the existing order for support is a non-title IV-D case, the department may enter its appearance in the case solely to transfer rights to support to a caretaker if both of the following are true: 1. Either the caretaker has applied for title IV-D services or the department has an assignment of rights pursuant to section 46-407. 2. Transfer of the support rights appears appropriate under this section. 46-445. Electronic transfer of support payments; warrants; definition A. The department shall establish a mandatory process to transfer support payments electronically. Under this process, the department or its agent shall disburse support payments electronically to an account designated by the obligee or an alternate account that can be accessed by the obligee through an electronic access card. B. On establishment of the process prescribed in subsection A, electronic transfer of support payments is mandatory unless a hardship exemption is granted. The department or its agent shall provide a notice to each obligee that includes the following: 1. That the obligee has ten days after the date of the notice to complete an authorization for automatic deposit form and return it to the department and that the department or its agent will issue an electronic access card for receipt of support payments unless the obligee claims a hardship exemption pursuant to subsection C, paragraph 3. 2. That a request for a hardship exemption must be in writing and include documentation that supports the request. 3. Information on the use and restrictions associated with the use of an electronic access card. C. The department may authorize the generation of a payment by warrant if any of the following conditions applies: 1. Generation of a warrant is necessary to meet federal requirements and electronic transfer is not feasible. 2. The obligee is involved in legal proceedings that require payments to be sent to a trustee or representative payee. 3. The obligee has not requested automatic deposit to a designated account of the obligee and has asserted in writing that the use of an electronic access card will create an undue hardship because of a documented physical or mental disability. D. The director may adopt rules to implement this section. E. For the purposes of this section, "electronic access card" means a stored value card that is issued by the department or its agents and in which support payments are deposited electronically in the same manner as automatic or direct deposit.