A.R.S. § 25-381.20 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.20
25-381.20 Procedure in actions where no child is involved; conciliation court may accept case
Status: in_force

25-381.20. Procedure in actions where no child is involved; conciliation court may accept case

Whenever application is made to the conciliation court for conciliation proceedings in respect to a controversy between spouses or a contested action for annulment of marriage, dissolution of marriage, or legal separation, but there is no minor child whose welfare might be affected by the results of the controversy, and it appears to the court that reconciliation of the spouses or amicable adjustment of the controversy can probably be achieved, and that the work of the court in cases involving children will not be seriously impeded by acceptance of the case, the court may accept and dispose of the case in the same manner as similar cases involving the welfare of children are disposed of. In the event of such application and acceptance, the court shall have the same jurisdiction over the controversy and the parties thereto or having any relation thereto that it has under this article in similar cases involving the welfare of children.
A.R.S. § 25-404 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 404
25-404 Temporary orders
Status: in_force

25-404. Temporary orders

A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings.

B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order is vacated unless a parent or the child's custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued.

C. If a legal decision-making or parenting time proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody order thereby is vacated.
A.R.S. § 25-523 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 523
25-523 Financial institutions data match; nonliability; prohibited disclosure; liability; civil liability; definition
Status: in_force

25-523. Financial institutions data match; nonliability; prohibited disclosure; liability; civil liability; definition

A. The department shall enter into agreements with financial institutions that conduct business in this state to develop and operate a data match system to assist the department in the establishment, modification and enforcement of child support orders. The data match system shall use automated data exchange procedures to the maximum extent possible.

B. Data exchanges between financial institutions and the department shall occur quarterly and shall include the name, record address, social security number or other taxpayer identification number and any other identifying information for each obligor who maintains an account at the institution and who owes past due support as identified by the department by name and social security number or other taxpayer identification number.

C. Notwithstanding any law to the contrary, a financial institution is not subject to civil liability for disclosing to the department or its agent a person's financial record pursuant to this section or any acts of omission that are inadvertent and made in good faith.

D. The department and its agent and any state, its agent or political subdivision that administers a child support enforcement program pursuant to title IV-D of the social security act and that obtains a person's financial records may disclose this information only as is necessary to establish, modify or enforce the person's child support obligation.

E. An employee of the department, its agent or any state or political subdivision that administers a child support enforcement program pursuant to title IV-D of the social security act, who knowingly or negligently discloses a person's financial records in violation of subsection D is subject to civil liability in an amount equal to the greater of either:

1. One thousand dollars for each act of unauthorized disclosure of a financial record with respect to which the defendant is found liable.

2. The sum of the actual damages sustained by the plaintiff as a result of the unauthorized disclosure and, in the case of a wilful disclosure or a disclosure that is the result of gross negligence, punitive damages, including costs and attorney fees.

F. The department may pay a reasonable fee to a financial institution for conducting a data match. The fee shall not exceed the actual costs incurred by the financial institution.

G. For purposes of this section "financial institution" means state and federally chartered banks, trust companies, federal and state savings and loan associations, federal and state credit unions, consumer lenders, international banking facilities and financial institution holding companies, insurance companies, benefit associations, safe deposit companies, money market mutual funds and similar institutions authorized to do business in this state and any party affiliated with these financial institutions.
A.R.S. § 25-1248 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1248
25-1248 Duty of the attorney general
Status: in_force

25-1248. Duty of the attorney general

A. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

B. The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
A.R.S. § 25-1254 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1254
25-1254 Limited immunity of petitioner
Status: in_force

25-1254. Limited immunity of petitioner

A. Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

B. A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

C. The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding.
A.R.S. § 25-215 — Arizona Code / Title 25 / Chapter 2 / Article 2 / Section 215
25-215 Liability of community property and separate property for community and separate debts
Status: in_force

25-215. Liability of community property and separate property for community and separate debts

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.

B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.

C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which would have been community debts if incurred in this state.

D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.
A.R.S. § 25-1002 — Arizona Code / Title 25 / Chapter 8 / Article 1 / Section 1002
25-1002 Definitions
Status: in_force

25-1002. Definitions

In this chapter, unless the context otherwise requires:

1. "Abandoned" means left without provision for reasonable and necessary care or supervision.

2. "Child" has the same meaning prescribed in section 1-215.

3. "Child custody determination":

(a) Means any judgment, decree or other order of a court, including a permanent, temporary, initial and modification order, for legal custody, physical custody or visitation with respect to a child.

(b) Does not include an order relating to child support or any other monetary obligation of an individual.

4. "Child custody proceeding":

(a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which legal custody, physical custody or visitation with respect to a child is an issue or in which that issue may appear.

(b) Does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 3 of this chapter.

5. "Commencement" means the filing of the first pleading in a proceeding.

6. "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.

7. "Home state" means:

(a) The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state.

(b) If a child is less than six months of age, the state in which the child lived from birth with a parent or person acting as a parent, including any period during which that person is temporarily absent from that state.

8. "Initial determination" means the first child custody determination concerning a particular child.

9. "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.

10. "Issuing state" means the state in which a child custody determination is made.

11. "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

12. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity.

13. "Person acting as a parent" means a person, other than a parent, who meets both of the following requirements:

(a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding.

(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

14. "Physical custody" means the physical care and supervision of a child.

15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

16. "Tribe" means an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state.

17. "Visitation" includes parenting time as defined in section 25-401.

18. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
A.R.S. § 25-503.01 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 503.01
25-503.01 Self-employed parent; monies held as security for payment of support
Status: in_force

25-503.01. Self-employed parent; monies held as security for payment of support

A. On a showing of good cause, the court may order that a self-employed parent who is required to make child support payments forward an amount equal to not more than six months of child support to the department to hold as security. The department shall release these monies to compensate an obligee for missed current child support payments.

B. This section does not apply unless the self-employed parent is in arrears for three months or more.

C. This section does not limit other remedies available to an obligee, the department or its agents.

D. If a self-employed parent who is required to forward monies to the department pursuant to this section demonstrates full and timely support payments for twenty-four consecutive months, the department shall release to that self-employed parent any monies that remain.
A.R.S. § 25-406 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 406
25-406 Investigations and reports
Status: in_force

25-406. Investigations and reports

A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. The investigation and report may be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person.  The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C of this section.

B. If an investigation and report are ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties.

C. The court shall require a court appointed attorney for a child, a court appointed advisor or any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the following minimum standards:

1. Six initial hours of training on domestic violence.

2. Six initial hours of child abuse training.

3. Four subsequent hours of training every two years on domestic violence and child abuse.

D. A person who has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C of this section if the training included at least six hours each on domestic violence and child abuse and meets the minimum standards.  Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C of this section if the training meets the minimum standards.

E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C of this section.

F. In preparing a report concerning a child, the investigator may consult any person who may have information about the child or the child's potential legal decision-making and parenting time arrangements.

G. The court shall mail the investigator's report to counsel at least ten days before the hearing. The investigator shall make available to counsel the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call for examination of the investigator and any person consulted by the investigator.
A.R.S. § 25-1252 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1252
25-1252 Nondisclosure of information in exceptional circumstances
Status: in_force

25-1252. Nondisclosure of information in exceptional circumstances

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and shall not be disclosed to the other party or to the public.  After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
A.R.S. § 25-905 — Arizona Code / Title 25 / Chapter 7 / Article 1 / Section 905
25-905 Temporary orders for support and spousal maintenance
Status: in_force

25-905. Temporary orders for support and spousal maintenance

A husband or wife may file a petition for legal separation or a petition for dissolution of covenant marriage at any time. The court may enter temporary orders pursuant to section 25-315 at any time after a petition for legal separation or a petition for dissolution has been filed pursuant to this chapter.
A.R.S. § 25-1226 — Arizona Code / Title 25 / Chapter 9 / Article 2 / Section 1226
25-1226 Continuing jurisdiction to enforce child support order
Status: in_force

25-1226. Continuing jurisdiction to enforce child support order

A. A tribunal of this state that has issued a child support order consistent with the laws of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

1. The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act.

2. A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

B. A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
A.R.S. § 25-902 — Arizona Code / Title 25 / Chapter 7 / Article 1 / Section 902
25-902 Existing marriages; conversion to covenant marriage; recording requirements
Status: in_force

25-902. Existing marriages; conversion to covenant marriage; recording requirements

A husband and wife may enter into a covenant marriage by submitting to the clerk of the superior court or any other official designated by the clerk pursuant to section 25-126 or 25-127 the declaration prescribed in section 25-901, subsection B, paragraphs 1 and 3 and a sworn statement of their names and the date and place their marriage was contracted and by paying the fee prescribed in section 12-284, subsection A. The clerk shall file all documentation required by this section and shall issue to the husband and wife a certificate that documents the conversion. A husband and wife who apply for a covenant marriage conversion under this section are not required to receive premarital counseling required by section 25-901 and are not required to have the converted covenant marriage separately solemnized. Conversion to a covenant marriage does not make valid a marriage that is prohibited pursuant to this title or that is not validly contracted in this state.
A.R.S. § 25-1243 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1243
25-1243 Application of law of state
Status: in_force

25-1243. Application of law of state

Except as otherwise provided by this chapter, a responding tribunal of this state shall:

1. Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings.

2. Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
A.R.S. § 25-1031 — Arizona Code / Title 25 / Chapter 8 / Article 2 / Section 1031
25-1031 Initial child custody jurisdiction
Status: in_force

25-1031. Initial child custody jurisdiction

A. Except as otherwise provided in section 25-1034, a court of this state has jurisdiction to make an initial child custody determination only if any of the following is true:

1. This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.

2. A court of another state does not have jurisdiction under paragraph 1 or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 25-1037 or 25-1038 and both of the following are true:

(a) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.

(b) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships.

3. All courts having jurisdiction under paragraph 1 or 2 have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 25-1037 or 25-1038.

4. A court of any other state would not have jurisdiction under the criteria specified in paragraph 1, 2 or 3.

B. Subsection A of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

C. Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.
A.R.S. § 25-1067 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1067
25-1067 Costs and expenses
Status: in_force

25-1067. Costs and expenses

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the attorney general and law enforcement officers who act pursuant to section 25-1065 and 25-1066.
A.R.S. § 25-1062 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1062
25-1062 Costs, fees and expenses
Status: in_force

25-1062. Costs, fees and expenses

A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award is clearly inappropriate.

B. The court shall not assess fees, costs or expenses against a state unless authorized by law other than this chapter.
A.R.S. § 25-128 — Arizona Code / Title 25 / Chapter 1 / Article 3 / Section 128
25-128 Unlawful acts of person authorized to solemnize marriages; classification
Status: in_force

25-128. Unlawful acts of person authorized to solemnize marriages; classification

A. It is unlawful for any person who is authorized to solemnize marriages to:

1. Knowingly participate in or by his presence sanction the marriage of a person under the age of eighteen years who obtained a marriage license without consent in writing of the parent or guardian lawfully entitled to give consent.

2. Solemnize a marriage without first being presented with a marriage license as required by the laws of this state.

3. Fail to file the marriage license with the act of solemnization endorsed on the marriage license within thirty days of the ceremony.

4. Knowingly make a false return of a marriage or pretended marriage to the clerk of the superior court.

B. A violation of this section is a class 2 misdemeanor.
A.R.S. § 25-1339 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1339
25-1339 Partial enforcement
Status: in_force

25-1339. Partial enforcement

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order.  An application or direct request may seek recognition and partial enforcement of a convention support order.
A.R.S. § 25-1281 — Arizona Code / Title 25 / Chapter 9 / Article 5 / Section 1281
25-1281 Employer's receipt of income withholding order of another state
Status: in_force

25-1281. Employer's receipt of income withholding order of another state

An income withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the person defined as the obligor's employer under the income withholding laws of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
A.R.S. § 25-351 — Arizona Code / Title 25 / Chapter 3 / Article 5 / Section 351
25-351 Domestic relations education; plan; administration
Status: in_force

25-351. Domestic relations education; plan; administration

A. The superior court in each county shall adopt and implement an educational program for the purpose of educating persons about the impact of divorce on adults and children.

B. The supreme court shall adopt minimum standards for educational programs.  The presiding judge of the superior court in each county shall submit an educational program plan to the supreme court for approval. The plan shall be consistent with the minimum standards that are adopted by the supreme court, including the length and nature of the program, the qualifications of program providers and the means by which the program will be evaluated and maintained.  Beginning January 1, 2013, these standards shall require that educational programs at a minimum include instruction related to all of the following:

1. The emotional, psychological, financial, physical and other short-term and long-term effects of divorce on adults and children.

2. Options available as alternatives to divorce.

3. Resources available to improve or strengthen marriage.

4. The legal process of divorce and options available for mediation.

5. Resources available after divorce.

C. Each program shall also include information regarding the notification requirements of section 25-403.05, subsection B.

D. The presiding judge of the superior court or a judge who is designated by the presiding judge shall administer the program in each county and may provide or contract with political subdivisions in this state or private entities to provide the program to participants who are required to attend.
A.R.S. § 25-1037 — Arizona Code / Title 25 / Chapter 8 / Article 2 / Section 1037
25-1037 Inconvenient forum
Status: in_force

25-1037. Inconvenient forum

A. A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised on motion of a party, the court's own motion or request of another court.

B. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction.  For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors including:

1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child.

2. The length of time the child has resided outside this state.

3. The distance between the court in this state and the court in the state that would assume jurisdiction.

4. The relative financial circumstances of the parties.

5. Any agreement of the parties as to which state should assume jurisdiction.

6. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child.

7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence.

8. The familiarity of the court of each state with the facts and issues in the pending litigation.

C. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings on condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

D. A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
A.R.S. § 25-410 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 410
25-410 Judicial supervision
Status: in_force

25-410. Judicial supervision

A. Except as otherwise agreed by the parties in writing at the time of the legal decision-making or parenting time order or divorce decree, the parent designated as sole legal decision-maker may determine the child's upbringing, including the child's education, care, health care and religious training, unless, on motion by the other parent, the court, after a hearing, finds that in the absence of a specific limitation of the parent designated as the sole legal decision-maker's authority, the child's physical health would be endangered or the child's emotional development would be significantly impaired.

B. If either parent requests the order, or if all contestants agree to the order, or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development would be significantly impaired, and if the court finds that the best interests of the child would be served, the court shall order a local social service agency to exercise continuing supervision over the case to assure that the custodial or parenting time terms of the decree are carried out. At the discretion of the court, reasonable fees for the supervision may be charged to one or both parents, provided that the fees have been approved by the supreme court.
A.R.S. § 25-312 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 312
25-312 Dissolution of marriage; findings necessary
Status: in_force

25-312. Dissolution of marriage; findings necessary

A. The court shall enter a decree of dissolution of marriage if it finds each of the following:

1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for dissolution of marriage.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken.

4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.

B. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether the marriage is irretrievably broken.

C. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following:

1. Make a finding as to whether the marriage is irretrievably broken.

2. Continue the matter for not more than sixty days for a further hearing. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether the marriage is irretrievably broken.

D. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.

E. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.
A.R.S. § 25-804 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 804
25-804 Time for instituting proceedings
Status: in_force

25-804. Time for instituting proceedings

Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child. The court shall dismiss any proceeding that is barred pursuant to section 8-106, subsection J. For the purposes of establishing a duty to pay support or past support, the proceedings must be instituted before the child's eighteenth birthday.
A.R.S. § 25-1309 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1309
25-1309 Procedure to register child support order of another state for modification
Status: in_force

25-1309. Procedure to register child support order of another state for modification

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in sections 25-1301, 25-1302, 25-1303, 25-1304, 25-1305, 25-1306, 25-1307 and 25-1308 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading shall specify the grounds for modification.
A.R.S. § 25-904 — Arizona Code / Title 25 / Chapter 7 / Article 1 / Section 904
25-904 Decree of legal separation; grounds
Status: in_force

25-904. Decree of legal separation; grounds

Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of legal separation pursuant to chapter 3, article 2 of this title unless it finds any of the following:

1. The respondent spouse has committed adultery.

2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.

3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

4. The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.

5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

6. The respondent spouse's habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.

7. The respondent spouse has habitually abused drugs or alcohol.
A.R.S. § 25-381.13 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.13
25-381.13 Fees
Status: in_force

25-381.13. Fees

No fee shall be charged for filing the petition, nor shall any fee be charged by any officer for the performance of any duty pursuant to this article.
A.R.S. § 25-1056 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1056
25-1056 Enforcement of registered determination
Status: in_force

25-1056. Enforcement of registered determination

A. A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.

B. A court of this state shall recognize and enforce, but shall not modify, except in accordance with article 2 of this chapter, a registered child custody determination of a court of another state.
A.R.S. § 25-127 — Arizona Code / Title 25 / Chapter 1 / Article 3 / Section 127
25-127 Issuance of marriage license by a city or town; transfer of fees; handling fee
Status: in_force

25-127. Issuance of marriage license by a city or town; transfer of fees; handling fee

A. If a city or town is more than four miles from the county seat, the clerk of the superior court may allow the clerk of the city or town or the city or town court clerk to issue marriage licenses, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The clerk of the superior court may take this action only at the request of the local clerk.

B. The local clerk shall only use marriage license application forms and licenses provided by the clerk of the superior court. The clerk of the superior court shall provide the local clerk with these documents on request.

C. The local clerk shall account for all forms and blank licenses in the local clerk's possession as required by the clerk of the superior court.

D. The local clerk shall collect the fee prescribed under section 12-284 and transmit it to the clerk of the superior court.  The local clerk may retain one dollar fifty cents from the fee prescribed under section 12-284.
A.R.S. § 25-403.04 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 403.04
25-403.04 Substance abuse
Status: in_force

25-403.04. Substance abuse

A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under title 13, chapter 34 or any violation of section 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for legal decision-making or parenting time is filed, there is a rebuttable presumption that sole or joint legal decision-making by that parent is not in the child's best interests.  In making this determination the court shall state its:

1. Findings of fact that support its determination that the parent abused drugs or alcohol or was convicted of the offense.

2. Findings that the legal decision-making or parenting time arrangement ordered by the court appropriately protects the child.

B. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence:

1. The absence of any conviction of any other drug offense during the previous five years.

2. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title 13, chapter 34.

3. Results of alcohol or drug screening provided by a facility approved by the department of health services.
A.R.S. § 25-381.03 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.03
25-381.03 Applicability of article; determination by superior court
Status: in_force

25-381.03. Applicability of article; determination by superior court

The provisions of this article shall apply in every county where the superior court has by rule or order established a conciliation court. Such superior court shall thereafter have jurisdiction under the provisions of this article.
A.R.S. § 25-1058 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1058
25-1058 Expedited enforcement of child custody determination
Status: in_force

25-1058. Expedited enforcement of child custody determination

A. A petition under this article must be verified.  Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition.  A copy of a certified copy of an order may be attached instead of the original.

B. A petition for enforcement of a child custody determination must state:

1. Whether the court that issued the determination identified the jurisdictional basis it relied on in exercising jurisdiction and, if so, what the basis was.

2. Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, shall identify the court, the case number and the nature of the proceeding.

3. Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, shall identify the court, the case number and the nature of the proceeding.

4. The present physical address of the child and the respondent, if known.

5. Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought.

6. If the child custody determination has been registered and confirmed under section 25-1055, the date and place of registration.

C. On the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child.  The hearing must be held on the next judicial day after service of the order unless that date is impossible.  In that event, the court shall hold the hearing on the first judicial day possible.  The court may extend the date of the hearing at the request of the petitioner.

D. An order issued under subsection C of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under section 25-1062 and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that either of the following is true:

1. The child custody determination has not been registered and confirmed under section 25-1055 and that any of the following is true:

(a) The issuing court did not have jurisdiction under article 2 of this chapter.

(b) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter.

(c) The respondent was entitled to notice, but notice was not given in accordance with section 25-1008, in the proceedings before the court that issued the order for which enforcement is sought.

2. The child custody determination for which enforcement is sought was registered and confirmed under section 25-1054, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter.
A.R.S. § 25-512 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 512
25-512 Consumer credit reports; use of child support or spousal maintenance obligation information
Status: in_force

25-512. Consumer credit reports; use of child support or spousal maintenance obligation information

A. A consumer reporting agency as defined in title 44, chapter 11, article 6 shall include as part of a consumer report information regarding:

1. A court order or judgment obligating a person to pay child support or spousal maintenance.

2. A court order for assignment under section 25-323 or 25-504.

3. An income withholding order issued by the department of economic security or its agent pursuant to section 25-505.01.

B. The state or a person entitled to receive support or spousal maintenance may provide a consumer reporting agency with a copy of a court order or judgment described in this section.

C. The department or its agent may provide a consumer reporting agency with electronic or documentary information that an order or judgment for support or spousal maintenance exists.

D. The department shall report to a consumer reporting agency the name of an obligor who is delinquent in the payment of support and the amount of the support owed.

E. The department shall provide written notice to an obligor that it shall report the amount of the support owed by the obligor to a consumer reporting agency. The department shall provide this notice by first class mail at the obligor's current address, or after a reasonable attempt to ascertain the obligor's location, at the obligor's last known address. The notice shall state the following:

1. The obligor's name and the amount of the arrearage.

2. The address and telephone number of the department or its agent.

3. That the obligor may make a written request to the department or its agent for an administrative review pursuant to section 25-522 to contest the arrearages within fifteen days after the date of mailing of the notice.

4. That if the obligor requests an administrative review the department shall not release the report to the consumer reporting agency until a final determination has been made at the administrative review.

5. That if an obligor requests an administrative review, the issues at the administrative review shall be limited to whether the obligor is required to pay child support, whether the obligor is in arrears and the amount of current support and arrears.

6. That if the obligor does not respond to the notice, the department shall send the report to the consumer reporting agency.
A.R.S. § 25-323.03 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 323.03
25-323.03 Forms; alternative forms
Status: in_force

25-323.03. Forms; alternative forms

A. The petition or request for assignment, order for assignment, notices to obligor and employer, request for hearing and motion to quash or request to stop or modify the order of assignment shall be on forms prescribed by the supreme court and shall be furnished by the clerk of the superior court as required by law or on request of any obligor, payee or employer.

B. Any party to a proceeding for assignment may use documents other than those provided pursuant to this section if the documents are substantially similar to those prescribed by the supreme court pursuant to this section.
A.R.S. § 25-1006 — Arizona Code / Title 25 / Chapter 8 / Article 1 / Section 1006
25-1006 Effect of child custody determination
Status: in_force

25-1006. Effect of child custody determination

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified pursuant to section 25-1008 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard.  As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
A.R.S. § 25-331 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 331
25-331 Notification requirements
Status: in_force

25-331. Notification requirements

A. In all proceedings brought pursuant to this title, the court shall provide the following written notification to all parties:

You may request conclusions of fact and law on the following issues, if they are contested:  the issues of child custody, relocation requests, spousal maintenance, community property, community debt and child support. To request conclusions of fact and law, you must file a written request with the court before the trial or the evidentiary hearing. If you make a written request before the trial or evidentiary hearing, the court will make conclusions of fact and law as part of the final decision.

B. The court shall provide the notification required by subsection A to all parties in the minute entry setting the case for a trial or evidentiary hearing.
A.R.S. § 25-381.22 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.22
25-381.22 Subsequent petition filed within one year
Status: in_force

25-381.22. Subsequent petition filed within one year

Once a petition by either or both of the spouses has been filed as permitted by section 25-381.09, the filing of any subsequent petition under such section within one year thereafter by either or both of the spouses shall not stay any action for annulment, dissolution of marriage, or legal separation then pending nor prohibit the filing of such an action by either party. The filing of a subsequent petition by either or both of the spouses more than one year after the filing of any previous petition with such effect shall have the same effect toward staying any domestic relations action then pending and toward prohibiting the filing of any such action as provided in section 25-381.18.
A.R.S. § 25-810 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 810
25-810 Liability of parents if putative mother or father is a minor; periodic payments
Status: in_force

25-810. Liability of parents if putative mother or father is a minor; periodic payments

A. Except as provided pursuant to section 25-501, subsection F, the parent or parents having custody or control of the putative mother or father may be joined as respondents in the action if the putative mother or father is a minor or was a minor at the time the action was commenced. The parents may be held jointly and severally liable with the minor until the minor reaches the age of majority.

B. The court may order that a judgment made against a parent pursuant to this section be satisfied through periodic payments as other child support orders.

C. In addition to the enforcement of support remedies provided pursuant to section 25-508, an order made pursuant to this section that provides for periodic payments shall be enforced pursuant to this chapter.
A.R.S. § 25-1253 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1253
25-1253 Costs and fees
Status: in_force

25-1253. Costs and fees

A. The petitioner may not be required to pay a filing fee or other costs.

B. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal shall not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

C. The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay.  In a proceeding under article 6 of this chapter for the enforcement and modification of a support order after registration, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
A.R.S. § 25-1332 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1332
25-1332 Applicability
Status: in_force

25-1332. Applicability

This article applies only to a support proceeding under the convention. In such a proceeding, if a provision of this article is inconsistent with articles 1, 2, 3, 4, 5 and 6 of this chapter, this article controls.
A.R.S. § 25-1204 — Arizona Code / Title 25 / Chapter 9 / Article 1 / Section 1204
25-1204 Remedies cumulative
Status: in_force

25-1204. Remedies cumulative

A. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

B. This chapter does not:

1. Provide the exclusive method of establishing or enforcing a support order under the laws of this state.

2. Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal decision-making and parenting times in a proceeding under this chapter.
A.R.S. § 25-202 — Arizona Code / Title 25 / Chapter 2 / Article 1 / Section 202
25-202 Enforcement of premarital agreements; exception
Status: in_force

25-202. Enforcement of premarital agreements; exception

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

B. The agreement becomes effective on marriage of the parties.

C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:

1. The person did not execute the agreement voluntarily.

2. The agreement was unconscionable when it was executed and before execution of the agreement that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
A.R.S. § 25-341 — Arizona Code / Title 25 / Chapter 3 / Article 4 / Section 341
25-341 Abrogation of alienation of affections action
Status: in_force

25-341. Abrogation of alienation of affections action

The common law cause of action for alienation of affections is abolished.
A.R.S. § 25-816 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 816
25-816 Title IV-D child support; paternity establishment; genetic testing
Status: in_force

25-816. Title IV-D child support; paternity establishment; genetic testing

A. On receipt of a sworn statement by the mother or the alleged father alleging paternity and setting forth the facts establishing a reasonable possibility of the requisite sexual contact between the parties, the department of economic security or its agent may order the mother, her child or children and the alleged father to submit to the drawing of blood or tissue samples for genetic testing of a type generally acknowledged as reliable by accreditation bodies.  If the mother cannot be located the department or its agent may order the caretaker of the child or children to present the child or children for genetic testing.  The order shall be served by first class mail or delivered at least ten business days before the genetic testing.  The department or its agent shall pay the costs of the test subject to repayment from the mother or the alleged father if paternity is established. An order of genetic testing issued by the department or its agent has the same force and effect as a superior court order.

B. If the results of the genetic testing indicate that the likelihood of the alleged father's paternity is ninety-five per cent or greater, the alleged father is presumed to be the parent of the child and the party opposing the establishment of the alleged father's paternity shall establish by clear and convincing evidence that he is not the father of the child.

C. A person who is tested pursuant to this section may contest the test results in writing to the department or its agent within thirty days after the department or its agent mails the results to that person. If the original test results are contested in a timely manner, on request and advance payment by the requesting party, the department or its agent shall order a second genetic test pursuant to subsection A.
A.R.S. § 25-353 — Arizona Code / Title 25 / Chapter 3 / Article 5 / Section 353
25-353 Failure to comply
Status: in_force

25-353. Failure to comply

Unless the court excuses a party's participation, if a party fails to complete the educational program as ordered pursuant to section 25-352 the court may deny relief in favor of that party, hold that party in contempt of court or impose any other sanction reasonable in the circumstances.
A.R.S. § 25-903 — Arizona Code / Title 25 / Chapter 7 / Article 1 / Section 903
25-903 Dissolution of a covenant marriage; grounds
Status: in_force

25-903. Dissolution of a covenant marriage; grounds

Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3, article 2 of this title unless it finds any of the following:

1. The respondent spouse has committed adultery.

2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.

3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

4. The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.

5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.

6. The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.

7. The respondent spouse has habitually abused drugs or alcohol.

8. The husband and wife both agree to a dissolution of marriage.
A.R.S. § 25-1053 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1053
25-1053 Duty to enforce
Status: in_force

25-1053. Duty to enforce

A. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

B. A court of this state may use any remedy available under any other law of this state to enforce a child custody determination made by a court of another state.  The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
A.R.S. § 25-214 — Arizona Code / Title 25 / Chapter 2 / Article 2 / Section 214
25-214 Management and control
Status: in_force

25-214. Management and control

A. Each spouse has the sole management, control and disposition rights of each spouse's separate property.

B. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community.

C. Either spouse separately may acquire, manage, control or dispose of community property or bind the community, except that joinder of both spouses is required in any of the following cases:

1. Any transaction for the acquisition, disposition or encumbrance of an interest in real property other than an unpatented mining claim or a lease of less than one year.

2. Any transaction of guaranty, indemnity or suretyship.

3. To bind the community, irrespective of any person's intent with respect to that binder, after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.
A.R.S. § 25-1310 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1310
25-1310 Effect of registration for modification
Status: in_force

25-1310. Effect of registration for modification

A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section 25-1311 or 25-1313 have been met.
A.R.S. § 25-519 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 519
25-519 Regulatory entities; suspension of license
Status: in_force

25-519. Regulatory entities; suspension of license

The following are subject to the requirements of section 25-518:

1. All boards established under title 32.

2. The deputy director of the financial institutions division of the department of insurance and financial institutions.

3. The registrar of contractors.

4. The department of public safety.

5. Boards and agencies that provide occupational, recreational and professional licenses or certificates pursuant to titles 3, 4, 5, 6, 8, 15, 17, 20, 36 and 41 and title 28, chapter 8.
A.R.S. § 25-218 — Arizona Code / Title 25 / Chapter 2 / Article 2 / Section 218
25-218 Surrogate parentage contracts; prohibition; custody; definition
Status: in_force

25-218. Surrogate parentage contracts; prohibition; custody; definition

A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract.

B. A surrogate is the legal mother of a child born as a result of a surrogate parentage contract and is entitled to custody of that child.

C. If the mother of a child born as a result of a surrogate contract is married, her husband is presumed to be the legal father of the child. This presumption is rebuttable.

D. For the purposes of this section, "surrogate parentage contract" means a contract, agreement or arrangement in which a woman agrees to the implantation of an embryo not related to that woman or agrees to conceive a child through natural or artificial insemination and to voluntarily relinquish her parental rights to the child.
A.R.S. § 25-318.02 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 318.02
25-318.02 Convicted spouse; award of community property; definition
Status: in_force

25-318.02. Convicted spouse; award of community property; definition

A. In an action described in section 25-318, subsection A, the court shall not award any community property to a convicted spouse.

B. If one spouse is required to make ongoing installment payments to a convicted spouse pursuant to a division of property as described in section 25-318, the spouse making the installment payments may petition the court to modify or cancel that ongoing payment.

C. For the purposes of this section, "convicted spouse" means a person who is convicted of an offense and who is sentenced to at least eighty years in prison or to life in prison, with or without the possibility of parole.
A.R.S. § 25-381.01 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.01
25-381.01 Purposes of article
Status: in_force

25-381.01. Purposes of article

The purposes of this article are to promote the public welfare by preserving, promoting and protecting family life and the institution of matrimony, to protect the rights of children, and to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies.
A.R.S. § 25-1061 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1061
25-1061 Warrant to take physical custody of child
Status: in_force

25-1061. Warrant to take physical custody of child

A. On the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.

B. If on the testimony of the petitioner or any other witness, the court finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child.  The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible.  In that event, the court shall hold the hearing on the first judicial day possible.  The application for the warrant must include the statements required by section 25-1058, subsection B.

C. A warrant to take physical custody of a child must do all of the following:

1. Recite the facts on which a conclusion of imminent serious physical harm or removal from the jurisdiction is based.

2. Direct law enforcement officers to take physical custody of the child immediately.

3. Provide for the placement of the child pending final relief.

D. The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.

E. A warrant to take physical custody of a child is enforceable throughout this state.  If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child.  If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

F. The court may impose conditions on placement of a child to ensure the appearance of the child and the child's custodian.
A.R.S. § 25-121 — Arizona Code / Title 25 / Chapter 1 / Article 3 / Section 121
25-121 Marriage license; application; affidavit
Status: in_force

25-121. Marriage license; application; affidavit

A. Persons shall not be joined in marriage in this state until a license has been obtained for that purpose from the clerk of the superior court in any county of this state.  This subsection does not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage pursuant to section 25-902.

B. Persons who wish to marry shall apply to the clerk of the superior court for a license and shall complete and sign under oath an affidavit provided by the clerk that states each applicant's name, age and residential address.  The affidavit shall include a statement by the applicants that they understand that information on sexually transmitted diseases is available from the county health department on request and that these diseases may be transmitted to their unborn children.  The applicants shall provide their social security numbers to the clerk separately from the affidavit.  The affidavit shall be filed by the clerk who shall then issue to the applicants a license directed to the persons authorized by law to solemnize marriage and shall collect the fee prescribed by section 12-284.  The license is sufficient authority for any authorized person to solemnize the marriage. The marriage license shall state that the marriage license expires one year from the date of issuance of the license.

C. Except for release to the department of economic security for the purpose of child support enforcement, the social security number provided to the clerk of the superior court pursuant to subsection B of this section for an applicant's marriage license shall not be released to any person or entity unless the applicant requests in writing that the information be released. The provisions of this subsection shall appear in each application for a marriage license.
A.R.S. § 25-204 — Arizona Code / Title 25 / Chapter 2 / Article 1 / Section 204
25-204 Amendment or revocation of agreement
Status: in_force

25-204. Amendment or revocation of agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
A.R.S. § 25-1255 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1255
25-1255 Nonparentage as defense
Status: in_force

25-1255. Nonparentage as defense

A party whose parentage of a child has been previously determined by or pursuant to law shall not plead nonparentage as a defense to a proceeding under this chapter.
A.R.S. § 25-1004 — Arizona Code / Title 25 / Chapter 8 / Article 1 / Section 1004
25-1004 Application to Indian tribes
Status: in_force

25-1004. Application to Indian tribes

A. A child custody proceeding that pertains to an Indian child as defined in the Indian child welfare act (25 United States Code section 1903) is not subject to this chapter to the extent that it is governed by the Indian child welfare act.

B. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter.

C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter.
A.R.S. § 25-501 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 501
25-501 Duties of support; exemption
Status: in_force

25-501. Duties of support; exemption

A. Except as provided in subsection F of this section, every person has the duty to provide all reasonable support for that person's natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state. In the case of children with mental or physical disabilities, if the court, after considering the factors set forth in section 25-320, subsection D, deems it appropriate, the court may order support to continue past the age of majority. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to section 25-320, subsection E.

B. A child who is born as the result of artificial insemination is entitled to support from the mother as prescribed by this section and the mother's spouse if the spouse either is the biological father of the child or agreed in writing to the insemination before or after the insemination occurred.

C. The child support guidelines shall be used in determining the ability to pay child support and the amount of payments. The obligation to pay child support is primary and other financial obligations are secondary.

D. All duties of support as prescribed in this chapter may be enforced by all civil and criminal remedies provided by law.

E. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.

F. The court may determine that a parent is not obligated to contribute to the support of the parent's minor child if maternity or paternity is the result of the parent's sexual contact with a person who, as a result of that contact, has been found guilty of sexual conduct with a minor under section 13-1405 or sexual assault under section 13-1406. The court may also apply this exemption to the parent's parents or legal guardian.

G. In any action filed pursuant to this title, if a duty of support for another person exists or may exist the parties shall file the social security number of each party and any affected children in the record of the proceeding in a manner that is consistent with the requirements of the Arizona rules of family law relating to sensitive data.  The court shall include this information in the state case registry and shall maintain this information in a manner that is consistent with the requirements of the Arizona rules of family law relating to sensitive data.
A.R.S. § 25-1227 — Arizona Code / Title 25 / Chapter 9 / Article 2 / Section 1227
25-1227 Determination of controlling child support order
Status: in_force

25-1227. Determination of controlling child support order

A. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal is controlling and shall be recognized.

B. If a proceeding is brought under this chapter and two or more child support orders have been issued by tribunals in this state, another state or a foreign country with regard to the same obligor and the same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

1. If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.

2. If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child is controlling. If an order has not been issued in the current home state of the child, the order most recently issued is controlling.

3. If none of the tribunals would have continuing exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order that is controlling.

C. If two or more child support orders have been issued for the same obligor and the same child, on request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection B of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to article 6 of this chapter or may be filed as a separate proceeding.

D. A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments.  The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

E. The tribunal that issued the order that is recognized as controlling under subsection A, B or C of this section has continuing jurisdiction to the extent provided pursuant to section 25-1225 or 25-1226.

F. A tribunal of this state that determines the order that is the controlling support order under subsection B, paragraph 1 or 2 of this section or subsection C of this section or that issues a new controlling support order under subsection B, paragraph 3 of this section shall state in that order:

1. The basis on which the tribunal made its determination.

2. The amount of prospective support, if any.

3. The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited pursuant to section 25-1229.

G. Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of the order in each tribunal that had issued or registered an earlier order of child support. A party or support enforcement agency that obtains the controlling order but fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises.  The failure to file does not affect the validity or enforceability of the controlling order.

H. An order that has been determined to be the controlling order or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
A.R.S. § 25-1272 — Arizona Code / Title 25 / Chapter 9 / Article 4 / Section 1272
25-1272 Proceeding to determine parentage of a child
Status: in_force

25-1272. Proceeding to determine parentage of a child

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine the parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
A.R.S. § 25-381.12 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.12
25-381.12 Blank forms; assistance in preparing and presenting petition
Status: in_force

25-381.12. Blank forms; assistance in preparing and presenting petition

The clerk of the court shall provide, at the expense of the county, blank forms for petitions for filing pursuant to this article. The employees of the conciliation court shall assist any person in the preparation and presentation of any such petition when requested to do so.
A.R.S. § 25-1257 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1257
25-1257 Communications between tribunals
Status: in_force

25-1257. Communications between tribunals

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, e-mail or other means to obtain information concerning the laws, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
A.R.S. § 25-534 — Arizona Code / Title 25 / Chapter 5 / Article 2 / Section 534
25-534 Employer obligations
Status: in_force

25-534. Employer obligations

A. If a court or administrative order requires a parent to provide health insurance coverage that is available through an employer doing business in this state, the employer shall:

1. Allow that parent to enroll the child in the family coverage if the child is otherwise eligible for that coverage without regard to any enrollment season restrictions.

2. If the parent is enrolled in family coverage but fails to enroll the child, enroll the child under the family coverage on the application of the child's other parent, the child's legal guardian or the state IV-D agency.

3. Not allow the employee to refuse to enroll or to terminate the coverage of the child unless the employee provides the employer with written proof that the court or administrative order is no longer in effect or that the child is enrolled in comparable health insurance coverage and that coverage will take effect not later than the effective date of the termination of coverage.

4. Withhold the employee's share, if any, of health insurance premiums from the employee's compensation and pay those premiums to the insurer. The amount withheld from the employee's compensation shall not exceed the maximum amount permitted pursuant to section 33-1131.

B. If the employer offers more than one plan, the child shall be enrolled in the plan in which the child's parent is enrolled or, if the parent is not enrolled in a plan, in the least costly plan that is otherwise available to the parent.

C. During the time that the medical support order is in effect, the parent's employer shall release to the state IV-D agency or on request from the other parent any necessary information relating to the health insurance coverage of the parent, including the name and address of the insurer, the policy number and the names of the insured.

D. Notwithstanding any other law, any information that is reported pursuant to this section for the enforcement of an order for medical insurance coverage shall be released to the state IV-D agency or the other parent.

E. If an order for medical insurance coverage is in effect and the employment or insurance coverage is terminated or the carrier is changed, within ten days after the change the employer shall notify the state IV-D agency and the other parent of the change and of the last day on which health insurance coverage is effective and of any conversion privileges that may be available.
A.R.S. § 25-205 — Arizona Code / Title 25 / Chapter 2 / Article 1 / Section 205
25-205 Limitation of actions
Status: in_force

25-205. Limitation of actions

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
A.R.S. § 25-509 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 509
25-509 Representation by attorney general or county attorney; modification of order by attorney general or county attorney
Status: in_force

25-509. Representation by attorney general or county attorney; modification of order by attorney general or county attorney

A. The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify or enforce a duty of child support, including medical support, regardless of the welfare or nonwelfare status of the person to whom the duty of support is owed. The attorney general or county attorney may establish, modify or enforce such a duty of support by all means available, including all civil and criminal remedies provided by law. An attorney-client relationship does not exist between the attorney and an applicant or recipient of child support enforcement services.

B. This state may initiate an action or may intervene in an action involving child support. Intervention by the state in an existing action is by unconditional right and is accomplished by the state filing an entry of appearance.

C. The attorney general or county attorney shall not seek or defend any ancillary matters, such as custody or parenting time, raised in these proceedings. The attorney general or county attorney may petition for modification of child support or medical support for children.
A.R.S. § 25-381.17 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.17
25-381.17 Orders; duration of effectiveness; reconciliation agreement
Status: in_force

25-381.17. Orders; duration of effectiveness; reconciliation agreement

A. The judge of the conciliation court shall have full power to make, alter, modify, and enforce all orders or temporary orders, orders for custody of children, restraining orders, preliminary injunctions and orders affecting possession of property, as may appear just and equitable, but such orders shall not be effective for more than the period of the stay under section 25-381.18, unless the parties mutually consent to a continuation of such time.

B. Any reconciliation agreement between the parties may be reduced to writing and, with the consent of the parties, a court order may be made requiring the parties to comply fully therewith.
A.R.S. § 25-516 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 516
25-516 Lien; priority; recording; information statement; payoff amount; release
Status: in_force

25-516. Lien; priority; recording; information statement; payoff amount; release

A. Notwithstanding section 25-514, in a title IV-D case an order to pay child support creates a lien by operation of law on all property presently owned and later acquired by the obligor to secure payment of the obligation. The department may perfect a lien by filing a copy of the child support order with the county recorder in the county in which the obligor has property or with a state agency or a political subdivision of this state that files personal property liens for recording on its official record. A liquidated judgment is not required to establish a lien. Recordation is constructive notice of the lien to the creditors of the owner or subsequent purchasers, against the personal or real property presently owned or later acquired.  The lien amount includes the amount owed at the time of recording and any amounts subsequently accrued. The lien has priority over other liens against this property except for liens arising from mortgages, deeds of trust, contracts, conveyances or security agreements created by the property owner and previously recorded or filed.

B. When recorded, the order shall be accompanied by the information statement of the judgment creditor pursuant to section 33-967. The statement shall set forth the amount of the current support order at the time of recording.  A copy of the information statement of the judgment creditor and the order recorded shall be mailed to the obligor at the obligor's last known address.

C. On request, the department shall provide a payoff amount to the obligor or a party acting with the obligor's consent.  If the obligor disagrees with the payoff amount, the obligor may make a written request for administrative review to contest the arrears pursuant to section 25-522. The issues to be determined are whether the obligor is required to pay support and is in arrears and the amount of arrears owed.

D. The department, at any time, may release the property subject to the lien from the lien. Notice by the department to the effect that the property has been released from the lien is conclusive evidence that the property had been released. When the department closes a title IV-D case, the department shall release any lien under this section.  The lien release does not satisfy any amount of unpaid support or release the lien associated with a recorded judgment. The department shall record the lien release in any county, agency or political subdivision where the original lien was recorded.
A.R.S. § 25-112 — Arizona Code / Title 25 / Chapter 1 / Article 2 / Section 112
25-112 Marriages contracted in another state; validity and effect
Status: in_force

25-112. Marriages contracted in another state; validity and effect

A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.

B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101.

C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.
A.R.S. § 25-508 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 508
25-508 Enforcement of support orders; fee prohibition
Status: in_force

25-508. Enforcement of support orders; fee prohibition

A. Any judgment, order or decree, whether arising from a dissolution, divorce, separation, annulment, custody determination, paternity or maternity determination or dependency proceeding or from a uniform interstate enforcement of support act proceeding and any interlocutory support award in any such proceeding or in any other proceeding regarding support that provides for alimony, spousal maintenance or child support may be enforced as a matter of right by lien, execution, attachment, garnishment, levy, appointment of a receiver, provisional remedies or any other form of relief provided by law as an enforcement remedy for civil judgments. An affidavit regarding all payments in default under the support order, along with a copy of the underlying support order, shall be filed with the clerk of the superior court along with the appropriate writ, application, petition or motion.

B. Notwithstanding any law to the contrary, a department of this state or its political subdivisions shall not charge the department or its agents a fee for performing an act necessary to enforce a support order as provided by this section.
A.R.S. § 25-403.08 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 403.08
25-403.08 Resources and fees
Status: in_force

25-403.08. Resources and fees

A. In a proceeding regarding sole or joint legal decision-making or parenting time, either party may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the hearing.

B. If the court finds there is a financial disparity between the parties, the court may order payment of reasonable fees, expenses and costs to allow adequate preparation.
A.R.S. § 25-1308 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1308
25-1308 Confirmed order
Status: in_force

25-1308. Confirmed order

Confirmation of a registered support order, whether by operation of law or after notice and a hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
A.R.S. § 25-329 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 329
25-329 Waiting period
Status: in_force

25-329. Waiting period

The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.
A.R.S. § 25-901 — Arizona Code / Title 25 / Chapter 7 / Article 1 / Section 901
25-901 Covenant marriage; declaration of intent; filing requirements
Status: in_force

25-901. Covenant marriage; declaration of intent; filing requirements

A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to section 25-121 and by complying with the requirements of this chapter. The returned marriage license shall be recorded as provided by section 25-123 with an indication that the marriage is a covenant marriage, and the declaration shall be filed by the clerk.

B. A declaration of intent to enter into a covenant marriage shall contain all of the following:

1. The following written statement:

A Covenant Marriage

We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.

With full knowledge of what this commitment means, we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives.

2. An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation.

3. The signatures of both parties witnessed by a court clerk.

C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. The clerk shall document that the attestation was submitted.
A.R.S. § 25-1224 — Arizona Code / Title 25 / Chapter 9 / Article 2 / Section 1224
25-1224 Simultaneous proceedings
Status: in_force

25-1224. Simultaneous proceedings

A. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if all of the following are true:

1. The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country.

2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country.

3. If relevant, this state is the home state of the child.

B. A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if all of the following are true:

1. The petition or comparable pleading in the other state or the foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state.

2. The contesting party timely challenges the exercise of jurisdiction in this state.

3. If relevant, the other state or the foreign country is the home state of the child.
A.R.S. § 25-1039 — Arizona Code / Title 25 / Chapter 8 / Article 2 / Section 1039
25-1039 Information to be submitted to court
Status: in_force

25-1039. Information to be submitted to court

A. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period.  The pleading or affidavit must state whether the party:

1. Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, shall identify the court, the case number and the date of the child custody determination, if any.

2. Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, shall identify the court, the case number and the nature of the proceeding.

3. Knows the names and addresses of any person who is not a party to the proceeding and who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

B. If the information required by subsection A is not furnished, the court, on motion of a party or on its own motion, may stay the proceeding until the information is furnished.

C. If the declaration as to any of the items described in subsection A, paragraph 1, 2 or 3 is in the affirmative, the declarant shall give additional information under oath as required by the court.  The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

E. If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
A.R.S. § 25-1401 — Arizona Code / Title 25 / Chapter 10 / Article 1 / Section 1401
25-1401 Legitimacy of children born out of wedlock
Status: in_force

25-1401. Legitimacy of children born out of wedlock

Every child is the legitimate child of its natural parents and is entitled to support and education as if born in lawful wedlock.
A.R.S. § 25-1335 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1335
25-1335 Direct request
Status: in_force

25-1335. Direct request

A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child.  In the proceeding, the law of this state applies.

B. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 25-1336, 25-1337, 25-1338, 25-1339, 25-1340, 25-1341, 25-1342 and 25-1343 apply.

C. In a direct request for recognition and enforcement of a convention support order or foreign support agreement:

1. A security, bond or deposit is not required to guarantee the payment of costs and expenses.

2. An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

D. A petitioner filing a direct request is not entitled to assistance from the department of economic security.

E. This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
A.R.S. § 25-1316 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1316
25-1316 Procedure to register child support order of foreign country for modification
Status: in_force

25-1316. Procedure to register child support order of foreign country for modification

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state in the same manner as provided in sections 25-1301, 25-1302, 25-1303, 25-1304, 25-1305, 25-1306, 25-1307 and 25-1308 if the order has not been registered.  A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
A.R.S. § 25-524 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 524
25-524 Financial institutions; surrender of assets; nonliability
Status: in_force

25-524. Financial institutions; surrender of assets; nonliability

A. On receipt of a notice of lien or levy a financial institution shall encumber or surrender, as appropriate, assets held by the institution on behalf of an obligor.

B. Notwithstanding any law to the contrary, a financial institution is not subject to civil liability for encumbering or surrendering any assets held by the financial institution in response to a notice of lien or levy issued by the department or for any action taken in good faith to comply with this section.

C. The remedy provided in this section is limited to collection of past due support.
A.R.S. § 25-325 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 325
25-325 Decree; finality; restoration of maiden name
Status: in_force

25-325. Decree; finality; restoration of maiden name

A. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree that dissolves the marriage beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the execution of the order stayed pending the appeal.

B. Either party to a decree of legal separation may file a petition for dissolution of marriage in accordance with the requirements of section 25-314. The petition shall be filed under the same case number as the legal separation but shall be considered and shall proceed as a new and separate action with service of process in accordance with rule 40 of the Arizona rules of family law procedure. The court may enter a decree of dissolution of marriage in the new action in accordance with section 25-312 on terms that are just and without regard to section 25-327, subsection A, except that the provisions as to property disposition in the decree of legal separation or any property settlement agreement approved by the court may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.

C.  On request by a party at any time before the signing of the decree of dissolution or annulment by the court, the court shall order that the party's requested former name be restored.
A.R.S. § 25-1001 — Arizona Code / Title 25 / Chapter 8 / Article 1 / Section 1001
25-1001 Short title
Status: in_force

25-1001. Short title

This chapter may be cited as the uniform child custody jurisdiction and enforcement act.
A.R.S. § 25-1221 — Arizona Code / Title 25 / Chapter 9 / Article 2 / Section 1221
25-1221 Bases for jurisdiction over nonresident
Status: in_force

25-1221. Bases for jurisdiction over nonresident

A. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if any of the following is true:

1. The individual is personally served within this state.

2. The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.

3. The individual resided with the child in this state.

4. The individual resided in this state and provided prenatal expenses or support for the child.

5. The child resides in this state as a result of the acts or directives of the individual.

6. The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.

7. The individual asserted parentage of a child on a birth certificate filed in this state.

8. There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

B. The bases of personal jurisdiction prescribed in subsection A of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of section 25-1311 are met, or, in the case of a foreign support order, unless the requirements of section 25-1315 are met.
A.R.S. § 25-403.05 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 403.05
25-403.05 Sexual offenders; murderers; legal decision-making and parenting time; notification of risk to child
Status: in_force

25-403.05. Sexual offenders; murderers; legal decision-making and parenting time; notification of risk to child

A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint legal decision-making of a child or unsupervised parenting time with a child if the person:

1. Is a registered sex offender.

2. Has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of the order. In making its finding, the court may consider, among other factors, the following:

(a) Credible evidence that the convicted parent was a victim of domestic violence, as defined in section 13-3601, committed by the murdered parent.

(b) Testimony of an expert witness that the convicted parent suffered trauma from abuse committed by the murdered parent.

B. A child's parent or custodian must immediately notify the other parent or custodian if the parent or custodian knows that a convicted or registered sex offender or a person who has been convicted of a dangerous crime against children as defined in section 13-705 may have access to the child.  The parent or custodian must provide notice by first class mail, return receipt requested, by electronic means to an electronic mail address that the recipient provided to the parent or custodian for notification purposes or by other communication accepted by the court.
A.R.S. § 25-1334 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1334
25-1334 Initiation by department of economic security of support proceeding under convention
Status: in_force

25-1334. Initiation by department of economic security of support proceeding under convention

A. In a support proceeding under this article, the department of economic security shall do both of the following:

1. Transmit and receive applications.

2. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

B. The following support proceedings are available to an obligee under the convention:

1. Recognition or recognition and enforcement of a foreign support order.

2. Enforcement of a support order issued or recognized in this state.

3. Establishment of a support order if there is no existing order, including, if necessary, a determination of parentage of a child.

4. Establishment of a support order if recognition of a foreign support order is refused under section 25-1338, subsection B, paragraph 2, 4 or 9.

5. Modification of a support order of a tribunal of this state.

6. Modification of a support order of a tribunal of another state or a foreign country.

C. The following support proceedings are available under the convention to an obligor against which there is an existing support order:

1. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.

2. Modification of a support order of a tribunal of this state.

3. Modification of a support order of a tribunal of another state or a foreign country.

D. A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
A.R.S. § 25-1304 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1304
25-1304 Choice of law
Status: in_force

25-1304. Choice of law

A. Except as otherwise provided in subsection D of this section, the law of the issuing state or foreign country governs:

1. The nature, extent, amount and duration of current payments under a registered support order.

2. The computation and payment of arrearages and accrual of interest on the arrearages under the support order.

3. The existence and satisfaction of other obligations under the support order.

B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.

C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

D. After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.
A.R.S. § 25-354 — Arizona Code / Title 25 / Chapter 3 / Article 5 / Section 354
25-354 Children's issues education fund; report
Status: in_force

25-354. Children's issues education fund; report

A. A children's issues education fund is established in each county treasury to implement an educational program as prescribed by this article. The presiding judge of the superior court in the county shall administer the fund.

B. The fund consists of monies collected pursuant to section 25-355.

C. The county treasurer shall disburse monies from the fund only at the direction of the presiding judge of the superior court.

D. On notice of the presiding judge of the superior court, the county treasurer shall invest monies in the fund and monies earned from investment shall be credited to the fund.

E. Monies that are expended from the fund shall be used to supplement, not supplant, any state or county appropriations that would otherwise be available for programs that are established pursuant to this article.

F. On or before August 10 of each year, the county treasurer shall submit a report to the presiding judge that shows the amount of monies in the children's issues education fund.
A.R.S. § 25-511.01 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 511.01
25-511.01 Spousal maintenance order; violation; classification
Status: in_force

25-511.01. Spousal maintenance order; violation; classification

A person who is obligated to pay spousal maintenance pursuant to an order issued by a court of competent jurisdiction is guilty of a class 1 misdemeanor if the person has notice of the order and wilfully and without lawful excuse fails to comply with the terms of that order.
A.R.S. § 25-381.06 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.06
25-381.06 Court assistants; salaries; appointments
Status: in_force

25-381.06. Court assistants; salaries; appointments

A. The superior court may appoint the following persons to assist the conciliation court in disposing of its business:

1. A competent person to act as director of conciliation.

2. Such associate directors, family counselors, social workers, investigators, stenographers and clerks as the court shall find necessary to carry out the work of the conciliation court.

B. The appointments provided for in this section shall be made by and may be terminated by the judge of the conciliation court and may be made in addition to all other appointments authorized by law. All of the employees provided for in this section shall be allowed actual traveling and necessary expenses incurred while engaged in the discharge of the duties of their office, and shall be paid salaries comparable to other personnel employed by the superior court in the discharge of its duties.
A.R.S. § 25-403.07 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 403.07
25-403.07 Identification of a primary caretaker and public assistance
Status: in_force

25-403.07. Identification of a primary caretaker and public assistance

The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for the purposes of defining eligibility for public assistance. This finding does not diminish the rights of either parent and does not create a presumption for or against either parent in a proceeding for the modification of a legal decision-making or parenting time order.
A.R.S. § 25-403.02 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 403.02
25-403.02 Parenting plans
Status: in_force

25-403.02. Parenting plans

A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan.

B. Consistent with the child's best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent's proposed plan because of the parent's or child's gender.

C. Parenting plans shall include at least the following:

1. A designation of the legal decision-making as joint or sole as defined in section 25-401.

2. A description of each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.

3. A practical schedule of parenting time for the child, including holidays and school vacations.

4. A procedure for the exchanges of the child, including location and responsibility for transportation.  The parenting plan must specify when the exchange is required to take place at a safe exchange location pursuant to section 25-403.10.

5. A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section 25-408, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.

6. A procedure for periodic review of the plan's terms by the parents.

7. A procedure for parents to communicate with each other about the child, including methods and frequency.

8. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B.

D. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

E. Shared legal decision-making does not necessarily mean equal parenting time.
A.R.S. § 25-381.19 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.19
25-381.19 Transfer of certain actions where minor child involved
Status: in_force

25-381.19. Transfer of certain actions where minor child involved

Whenever any action for annulment of marriage, dissolution of marriage, or legal separation is filed in the superior court and it appears to the court at any time during the pendency of the action that there is any minor child of the spouses or either of them whose welfare may be adversely affected by the dissolution or annulment of the marriage, legal separation or the disruption of the household, and there appears to be some reasonable possibility of a reconciliation being effected, the case may be transferred to the conciliation court for proceedings for reconciliation of the spouses or amicable settlement of issues in controversy in accordance with the provisions of this article.
A.R.S. § 25-681 — Arizona Code / Title 25 / Chapter 5 / Article 5 / Section 681
25-681 Child support arrest warrant; definition
Status: in_force

25-681. Child support arrest warrant; definition

A. In any action or proceeding pursuant to section 25-502, on motion of a party or on its own motion the court may issue a child support arrest warrant if the court finds that all of the following apply to the person for whom the warrant is sought:

1. The person was ordered by the court to appear personally at a specific time and location.

2. The person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a child support arrest warrant.

3. The person failed to appear as ordered.

B. The judicial officer shall order the child support arrest warrant and the clerk shall issue the warrant. The warrant shall contain the name of the person to be arrested and other information required to enter the warrant in the Arizona criminal justice information system. The warrant shall command that the named person be arrested and either remanded to the custody of the sheriff or brought before the judicial officer or, if the judicial officer is absent or unable to act, the nearest or most accessible judicial officer of the superior court in the same county. A warrant that is issued pursuant to this section remains in effect until it is executed or extinguished by the court.

C. The court shall determine and the warrant shall state the amount the arrested person shall pay in order to be released from custody.

D. For the purposes of this article, "child support arrest warrant" means an order that is issued by a judicial officer in a noncriminal child support matter and that directs a peace officer in this state to arrest the person named in the warrant and bring the person before the court.
A.R.S. § 25-1011 — Arizona Code / Title 25 / Chapter 8 / Article 1 / Section 1011
25-1011 Taking testimony in another state
Status: in_force

25-1011. Taking testimony in another state

A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state.  The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms on which the testimony is taken.

B. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state.  A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the means of transmission.
A.R.S. § 25-1245 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1245
25-1245 Duties and powers of responding tribunal
Status: in_force

25-1245. Duties and powers of responding tribunal

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:

1. Establish or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage of a child.

2. Order an obligor to comply with a support order, specifying the amount and the manner of compliance.

3. Order income withholding.

4. Determine the amount of any arrearages and specify a method of payment.

5. Enforce orders by civil or criminal contempt, or both.

6. Set aside property for satisfaction of the support order.

7. Place liens and order execution on the obligor's property.

8. Order an obligor to keep the tribunal informed of the obligor's current residential address, e-mail address, telephone number, employer, address of employment and telephone number at the place of employment.

9. Issue a child support arrest warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the child support arrest warrant in any local and state computer systems for criminal warrants.

10. Order the obligor to seek appropriate employment by specified methods.

11. Award reasonable attorney fees and other fees and costs.

12. Grant any other available remedy.

C. A responding tribunal of this state shall include in a support order issued under this chapter or in the documents accompanying the order the calculations on which the support order is based.

D. A responding tribunal of this state may not condition the payment of a support order issued under this chapter on compliance by a party with provisions for visitation.

E. If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

F. If requested to enforce a support order, arrears or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
A.R.S. § 25-407 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 407
25-407 Legal decision-making and parenting time hearings; priority; costs; record
Status: in_force

25-407. Legal decision-making and parenting time hearings; priority; costs; record

A. Legal decision-making and parenting time proceedings shall receive priority in being set for hearing.  If a party to a legal decision-making or parenting time action files a motion for temporary orders in any pre-decree matter, the court shall hold an evidentiary hearing within sixty days after the party files the motion unless:

1. The filing party waives the requirement for a hearing to be conducted within sixty days after the party files the motion.

2. Temporary orders are established through a separate conference or hearing within sixty days after the party files the motion.

3. Extraordinary circumstances exist and the court is not able to schedule the hearing.  If the court is not able to schedule the hearing within sixty days after the motion is filed, it must make a written finding on the record as to the cause of the delay.

B. Subsection A of this section does not preclude any other conference or hearing.

C. The court may charge as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interest of the child.

D. The court, without a jury, shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a custody hearing, but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.

E. If the court finds that to protect the child's welfare, the record of any interview, report, investigation or testimony in a legal decision-making or parenting time proceeding should be kept secret, the court may then make an appropriate order sealing the record.