A.R.S. § 25-381.11 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.11
25-381.11 Petition; contents
Status: in_force

25-381.11. Petition; contents

The petition shall:

1. Allege that a controversy exists between the spouses and request the aid of the conciliation court to effect a reconciliation or an amicable settlement of the controversy.

2. State the name and age of each minor child whose welfare may be affected by the controversy.

3. State the name and address of the petitioner or petitioners.

4. If the petition is presented by one spouse only, name the other spouse as a respondent and state the address of that spouse.

5. Name as a respondent any other person who has any relation to the controversy and state the address of the person if known to the petitioner.

6. State such other information as the conciliation court may by rule require.
A.R.S. § 25-101 — Arizona Code / Title 25 / Chapter 1 / Article 1 / Section 101
25-101 Void and prohibited marriages
Status: in_force

25-101. Void and prohibited marriages

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void.

B. Notwithstanding subsection A, first cousins may marry if both are sixty-five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce.

C. Marriage between persons of the same sex is void and prohibited.
A.R.S. § 25-1341 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1341
25-1341 Modification of convention child support order
Status: in_force

25-1341. Modification of convention child support order

A. A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless either of the following applies:

1. The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity.

2. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

B. If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, section 25-1338, subsection C applies.
A.R.S. § 25-381.05 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.05
25-381.05 Transfer of cases; reason; duties of transferee judge
Status: in_force

25-381.05. Transfer of cases; reason; duties of transferee judge

The judge of the conciliation court may transfer any case before the conciliation court pursuant to this article to the presiding judge of the superior court for trial or other proceedings by another judge of the court whenever, in the opinion of the judge of the conciliation court, such transfer is necessary to expedite the business of the conciliation court or to insure the prompt consideration of the case. When any case is so transferred, the judge to whom it is transferred shall act as the judge of the conciliation court in the matter.
A.R.S. § 25-1228 — Arizona Code / Title 25 / Chapter 9 / Article 2 / Section 1228
25-1228 Child support orders for two or more obligees
Status: in_force

25-1228. Child support orders for two or more obligees

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
A.R.S. § 25-403.01 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 403.01
25-403.01 Sole and joint legal decision-making and parenting time
Status: in_force

25-403.01. Sole and joint legal decision-making and parenting time

A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making.

B. In determining the level of decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:

1. The agreement or lack of an agreement by the parents regarding joint legal decision-making.

2. Whether a parent's lack of an agreement is unreasonable or is influenced by an issue not related to the child's best interests.

3. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint legal decision-making.

4. Whether the joint legal decision-making arrangement is logistically possible.

C. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan.

D. A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child's physical, mental, moral or emotional health.
A.R.S. § 25-1302 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1302
25-1302 Procedure to register order for enforcement
Status: in_force

25-1302. Procedure to register order for enforcement

A. Except as provided in section 25-1336, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following documents to the appropriate tribunal in this state:

1. A letter of transmittal to the tribunal requesting registration and enforcement.

2. Two copies, including one certified copy, of the order to be registered, including any modification of the order.

3. A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.

4. The name of the obligor and, if known:

(a) The obligor's address and social security number.  The obligor's social security number may be redacted and filed separately pursuant to section 25-501, subsection G.

(b) The name and address of the obligor's employer and any other source of income of the obligor.

(c) A description and the location of property of the obligor in this state not exempt from execution.

5. Except as otherwise provided in section 25-1252, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

C. A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later.  The pleading must specify the grounds for the remedy sought.

D. If two or more orders are in effect, the person requesting registration shall:

1. Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section.

2. Specify the order alleged to be the controlling order, if any.

3. Specify the amount of consolidated arrears, if any.

E. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification.  The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
A.R.S. § 25-505.01 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 505.01
25-505.01 Administrative income withholding order; notice; definition
Status: in_force

25-505.01. Administrative income withholding order; notice; definition

A. In a title IV-D case, if a person is obligated to pay support, the department or its agent, without prior notice to the obligor, shall issue an income withholding order using the format prescribed by the United States secretary of health and human services.  The order shall include the obligor's social security number.  The withholding order shall include payment for current child support or spousal maintenance and may include an installment payment for arrearages pursuant to subsection B of this section or any other support.  A withholding order under this section does not apply to amounts exempt under section 33-1131, subsection C or any other applicable exemption law.  The withholding order shall direct the holder of the monies to withhold and pay to the person or agency entitled to receive the support the amount ordered by the department.  The withholding order shall be accompanied by a written notice of withholding as prescribed in this section.

B. In addition to current support an income withholding order may include an installment for arrearages or any other support if:

1. At the time of issuance, the arrearage is an amount equal to at least two months but not more than six months of the obligor's current support obligation, the income withholding order shall include an additional amount equal to twenty-five per cent of the current support obligation.

2. At the time of issuance, the arrearage is an amount equal to more than six months of the obligor's current support obligation, the income withholding order shall include an additional amount equal to thirty-three per cent of the current support obligation.

3. At the time of issuance, the arrearage is an amount equal to one year or more of the obligors's support obligation, an income withholding order may include an additional amount that exceeds thirty-three per cent of the support obligation.

C. If the obligor does not owe current support but arrearages remain unpaid, the department or its agent may issue or adjust an income withholding order only for arrearages.  The income withholding order shall be in the amount of the most recent current support order or the most recent order regarding the payment on arrearages, whichever is greater.

D. The department shall serve the order and notice on an employer or payor by first class mail or by electronic means. Service by mail as authorized in this section is complete as to the employer or payor when the mailing is received.  Service by electronic means is complete on transmission to the employer or payor.  The income withholding order shall direct the employer or payor to deliver or mail by first class mail a copy of the income withholding notice and order to the obligor within ten days after service on the employer or payor.

E. The income withholding order is an assignment and is binding fourteen days after receipt on an existing and future employer or payor of the person ordered to pay support or spousal maintenance on whom a copy of the income withholding order and notice of withholding is served. The employer or payor shall withhold the amount specified in the order from the income of the person obligated to pay support and shall transmit that amount to the support payment clearinghouse within two business days after the date the employee is paid. The employer or payor shall advise the support payment clearinghouse of the date the monies were withheld, may combine withheld amounts for several employees in a single payment and shall separately identify the portion of the payment that is attributable to each employee. The employer or other payor may also withhold and retain for application to the employer's or payor's cost of compliance an additional one dollar per pay period or four dollars per month.

F. If the obligor's disposable income from the primary employer or payor does not meet the support obligation, the department shall issue an income withholding order to a secondary employer of the obligor in order to meet the full support obligation.

G. Any obligor, employer or other payor may challenge the income withholding order issued by the department or its agent by filing a written request for administrative review with the department or its agent within ten days after receipt of the notice of income withholding order from the employer or payor.  The administrative review shall be conducted pursuant to section 25-522.  On receipt of a request for administrative review the department or its agent shall delay implementation of the income withholding order.

H. A change in income withholding pursuant to subsection B of this section is not a sufficient basis for a modification of the current support order.

I. Notwithstanding section 25-504, in a title IV-D case, if all obligations of support have been satisfied and the person obligated to pay support is no longer obligated and if the parties, including the department or its agent in a title IV-D case, submit a stipulation that the current obligation of support no longer exists and that all arrearages either have been satisfied or waived, the department or its agent shall issue an order terminating the income withholding order. The order shall state that the current obligation of support no longer exists and that all arrearages either have been satisfied or waived. The stipulation shall also contain the name and address of the employer or payor of the person obligated to pay support. Within five business days after the date the stipulation is submitted, the department or its agent shall send by first class mail a copy of the order terminating the income withholding order to the employer or payor, the parties and the clerk of the court.

J. Notwithstanding section 25-504, in a title IV-D case, the department or its agent on its own initiative, or the parties to a child support proceeding on request to the department, may terminate an income withholding order issued pursuant to this section or section 25-504, if the obligation to pay support has ended or will end within ninety days after the date the request is submitted and if all arrearages either have been paid or will be paid within the period or have been waived. The request shall include a statement of why the termination is requested, supporting documentation and the name and address of the employer and person obligated to pay support.  The requesting party shall notify each party by first class mail of the request to terminate the order.  The employer or payor shall continue to withhold and transmit support or spousal maintenance until otherwise ordered.  On receipt of a request to terminate an income withholding order the department or its agent may suspend disbursements until a determination is issued.  A party that receives notice of a request to terminate an income withholding order may object to the request and provide the department or its agent with the basis for the objection and supporting documents within ten days after receipt of the notice. Within forty-five days after the request the department or its agent shall issue a determination to all parties based on the information available. On a determination to terminate an income withholding order, the department or its agent within two business days shall send by first class mail a copy of the order terminating or adjusting the order to the employer or payor and to the support payment clearinghouse.

K. The employer or payor shall notify the support payment clearinghouse in writing when the person ordered to pay support or spousal maintenance is no longer employed by the employer or the right to receive income has been terminated. The employer shall notify the support payment clearinghouse in writing of the former employee's last known address and the name and address of the new employer, if known. If the employer or payor is again obligated to pay income to a person ordered to pay support within ninety days after termination of this right, the employer or payor is again bound by the income withholding order and is required to perform pursuant to this section.

L. The obligation for current child support shall be fully met before any payments under an order of assignment may be applied to payments of arrearages.  If a person is obligated to pay child support for more than one family and the amount available for withholding is not sufficient to meet the total combined child support obligation, any monies withheld from the obligor's income shall be allocated to each family by the employer or payor as follows:

1. The amount of current child support ordered in each case shall be added to obtain the total child support obligation.

2. The ordered amount in each case shall be divided by the total child support obligation to obtain a percentage of the total amount due.

3. The amount available from the obligor's income shall be multiplied by the percentage under paragraph 2 of this subsection to obtain the amount to be allocated to each family.

M. An income withholding order shall include a statement that an employer shall not refuse to hire a person or shall not discharge or otherwise discipline an employee as a result of an income withholding order authorized by this section, and an employer who refuses to hire a person or who discharges or otherwise disciplines an employee as a result of the income withholding order is subject to contempt and fines as established by the court.  Any person wrongfully refused employment or an employee wrongfully discharged or otherwise disciplined is entitled to recovery of damages suffered, reinstatement if appropriate, plus attorney fees and costs incurred.  Any employer or other payor who fails without good cause to comply with the terms of the income withholding order may be liable for amounts not paid to the support payment clearinghouse pursuant to the income withholding order, reasonable attorney fees and costs incurred and may be subject to contempt.  The department may initiate an action in superior court to enforce this subsection.

N. On issuance of an income withholding order the department or its agent shall issue a notice of withholding directed to the person ordered to pay support. The notice shall advise the obligor that:

1. An income withholding order has been issued against the obligor's income for payment of currently accruing child support or spousal maintenance, or both.

2. The income withholding order may include an amount for child support arrearages, or any other support.

3. The obligor may file a written request for administrative review with the department pursuant to section 25-522 within ten days after receipt of this notice if the obligor believes that:

(a) The income withholding order is improper or unlawful.

(b) The obligor's property is exempt by law.

(c) The employer or other payor is withholding more than permitted by law.

4. An income withholding order made pursuant to this section becomes binding on the employer or payor or any future employers or future payors fourteen days after receipt of a copy of the order and notice of withholding.

5. The employer or payor shall withhold the amount specified in the order from the income of the person obligated to pay support.

6. Not more than one-half of the obligor's disposable income for any period may be taken to satisfy an income withholding order issued for the support of any person.

7. The amount of disposable income exempt from the income withholding order must be paid to the obligor on the regular payday for the pay period in which income is earned.

8. The employer or other payor shall continue to withhold the amount set forth in the order each pay period and shall forward the amount to the child support payment clearinghouse until either:

(a) The obligor files a request for administrative review with the department or its agent and after review the department or its agent modifies or terminates the income withholding order.

(b) The obligor files a petition with the court and, after a hearing, the court modifies or terminates the income withholding order.

9. An employer may not refuse to hire, may not discharge or may not otherwise discipline the obligor as a result of this income withholding order. If the obligor is wrongfully refused employment, discharged or otherwise disciplined, the obligor may recover damages suffered, reinstatement of employment if appropriate and reasonable attorney fees and costs incurred against the employer.

10. Unless ordered otherwise, the obligor has a duty to notify the support payment clearinghouse in writing of the address of the obligor's residence and employment and, within ten days, of a change in either one. The department or its agent shall use these addresses to notify the obligor of all subsequent actions to enforce support. Failure of the obligor to advise the department of changes in residential or employment address may subject the obligor to sanctions for contempt of court, including reasonable attorney fees and costs.

O. An income withholding order issued pursuant to this section has the same force and effect as an order of the superior court, has priority over all other attachments, executions, garnishments or assignments and may be enforced against the obligor and employer in superior court.

P. For purposes of this section, "arrearages" means past due support, including interest.
A.R.S. § 25-313 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 313
25-313 Decree of legal separation; findings necessary; termination of decree
Status: in_force

25-313. Decree of legal separation; findings necessary; termination of decree

A. The court shall enter a decree of legal separation 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.

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 as prescribed in section 25-312 or one or both of the parties desire to live separate and apart.

4. If the marriage is a covenant marriage, any of the grounds prescribed in section 25-904.

5. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.

B. 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 the property.

C. At any time after entry of a final decree of legal separation that has not subsequently been converted into a decree of dissolution of marriage, the parties may stipulate to termination of the decree of legal separation. The stipulated order shall be filed under the same cause number as the legal separation action and shall include the following:

1. That both parties agree to terminate the legal separation, that they desire to restore their status to legally married and that they do so intelligently, voluntarily and without duress, coercion or undue influence.

2. That on entry of the stipulated order terminating the decree of legal separation, the marital community is re-formed as if the parties became married on the date of the entry of the termination order, at which time the legal separation no longer exists.

3. That any property awarded to either party as sole and separate property under the terms of the decree of legal separation as well as any property acquired or debts incurred from the date of the entry of the decree of legal separation through the date of termination are the sole and separate property of the acquiring party and the sole and separate debt of the incurring party.

4. That any property payments due from one party to the other under the terms of the decree of legal separation are deemed waived, unless otherwise specified in the termination order.

5. That any parenting orders entered in the decree of legal separation under chapter 4 of this title no longer apply.

6. That any provisions for child support or spousal maintenance entered in the decree of legal separation no longer apply. Except as to any sum owed to the state pursuant to section 46-407 and unless otherwise agreed, each party is waiving any claims for amounts that may remain due and owing from the time period in which the support provisions under the decree of legal separation were in effect.

7. That both parties acknowledge that termination of the legal separation does not impact the rights of creditors that may have relied on the terms of the decree of legal separation.
A.R.S. § 25-1203 — Arizona Code / Title 25 / Chapter 9 / Article 1 / Section 1203
25-1203 State tribunal and support enforcement agency
Status: in_force

25-1203. State tribunal and support enforcement agency

A. The superior court is the tribunal of this state.

B. The department of economic security is the support enforcement agency of this state.
A.R.S. § 25-129 — Arizona Code / Title 25 / Chapter 1 / Article 3 / Section 129
25-129 Unlawful acts of person authorized to issue marriage license or make marriage records; classification
Status: in_force

25-129. Unlawful acts of person authorized to issue marriage license or make marriage records; classification

A. It is unlawful for a clerk of the superior court to knowingly issue a marriage license to a person under the age of eighteen years without the consent in writing of the parent or guardian lawfully entitled to give consent.

B. It is unlawful for any person to knowingly make a false record of a marriage return.

C. A violation of this section is a class 2 misdemeanor.
A.R.S. § 25-802 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 802
25-802 Venue
Status: in_force

25-802. Venue

Proceedings to establish maternity or paternity may be originated in the county of residence of the respondent or the petitioner or the child or children the subject of the action.  The fact that the petitioner parent or child or both are not, or never have been, residents of Arizona does not bar the proceeding.
A.R.S. § 25-552 — Arizona Code / Title 25 / Chapter 5 / Article 3 / Section 552
25-552 Jurisdiction; priority of action
Status: in_force

25-552. Jurisdiction; priority of action

A. The superior court has original jurisdiction in proceedings brought by this state or a person who is owed spousal maintenance to establish, enforce or modify a spousal maintenance obligation.

B. Notwithstanding any other statute, actions pursuant to this article have priority over all other civil actions except for child support actions pursuant to section 25-514 or judicial authorization pursuant to section 36-2152.
A.R.S. § 25-1271 — Arizona Code / Title 25 / Chapter 9 / Article 4 / Section 1271
25-1271 Establishment of support order
Status: in_force

25-1271. Establishment of support order

A. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if either:

1. The individual seeking the order resides outside this state.

2. The support enforcement agency seeking the order is located outside this state.

B. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

1. A presumed father of the child.

2. Petitioning to have his paternity adjudicated.

3. Identified as the father of the child through genetic testing.

4. An alleged father who has declined to submit to genetic testing.

5. Shown by clear and convincing evidence to be the father of the child.

6. An acknowledged father as provided pursuant to section 36-334.

7. The mother of the child.

8. An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

C. On finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 25-1245.
A.R.S. § 25-682 — Arizona Code / Title 25 / Chapter 5 / Article 5 / Section 682
25-682 Time and manner of execution; information
Status: in_force

25-682. Time and manner of execution; information

A. A child support arrest warrant is executed by the arrest of the person named in the warrant. The warrant may be executed at any time.

B. When making an arrest pursuant to a child support arrest warrant, the arresting officer shall inform the person named in the warrant that the arresting officer has a child support arrest warrant unless:

1. The named person flees or forcibly resists before the arresting officer has an opportunity to inform the named person.

2. Providing this information will imperil the arrest.

C. In order to execute a child support arrest warrant, the arresting officer may use reasonable force to enter any building in which the person named in the warrant is or is reasonably believed to be.

D. The arresting officer does not have to possess the warrant at the time of the arrest. If after the arrest the arrested person requests to see the warrant, the arresting officer shall show the arrested person a copy of the warrant as soon as practicable.

E. The arrested person shall be brought before the issuing judicial officer as soon as possible or, if that judicial officer is absent or unable to act, the nearest or most accessible judicial officer of the superior court in the same county. In any event, the arrested person shall be brought before a judicial officer of the superior court in the issuing county or the county of arrest within twenty-four judicial business hours of the execution of the warrant. If the person is arrested in a county other than the county in which the warrant was issued, the arresting officer shall notify the sheriff and the local title IV-D agency, if applicable, in the county in which the warrant was issued that the person has been arrested. As soon as practicable, the sheriff of the county in which the warrant was issued shall take custody of and transport the arrested person to the issuing judicial officer or a judicial officer of the superior court in the county in which the warrant was issued. If the arrested person is not taken into custody and transported within seventy-two hours after arrest, the arrested person shall be released and issued a written notice directing the arrested person to appear at a specified date and time in the superior court in the county in which the warrant was issued. The notice shall have the same force and effect as an order of the superior court. The notice shall state that if the arrested person fails to appear as directed a child support arrest warrant may be issued. A copy of this notice shall be sent to the court and the local title IV-D agency, if applicable, in the county in which the warrant was issued.
A.R.S. § 25-102 — Arizona Code / Title 25 / Chapter 1 / Article 1 / Section 102
25-102 Consent required for marriage of minors
Status: in_force

25-102. Consent required for marriage of minors

A. A person who is at least sixteen years of age and who is under eighteen years of age may marry only if one of the following is true:

1. The person has received an emancipation order pursuant to title 12, chapter 15 or from a court in another state and the person's prospective spouse is not more than three years older than the person.

2. The parent or guardian who has custody of the person consents to the marriage and the person's prospective spouse is not more than three years older than the person.

B. Persons who are under sixteen years of age shall not marry.

C. The clerk of the superior court may not issue a license to a person who is under eighteen years of age and who does not meet the requirements of subsection A of this section.
A.R.S. § 25-535 — Arizona Code / Title 25 / Chapter 5 / Article 2 / Section 535
25-535 Enforcement of health insurance coverage; medical support notice; administrative review; service
Status: in_force

25-535. Enforcement of health insurance coverage; medical support notice; administrative review; service

A. In a title IV-D case, a parent who is required by an administrative or court order to provide health insurance coverage for a child shall provide the department or its agent with the name of the health insurance coverage plan under which the child is covered, the effective date of the coverage, a description of the coverage, the name of the employer and any other necessary information, forms or documents related to the health insurance coverage as provided to all new members within thirty days after the support order is established.

B. If an administrative or court order requires a parent to obtain health insurance coverage for the parent's child, the department or its agent may deliver by first class mail or electronic means to the obligated parent's employer a medical support notice to enroll the child in an insurance program as prescribed by that order.  The department or its agent shall use the medical support notice to enroll prescribed by the United States secretary of health and human services pursuant to 42 United States Code section 651.  The employer shall deliver or mail by first class mail or by electronic means a copy of the medical support notice to enroll to the obligated parent within ten days after the employer receives the notice.  The notice serves to enroll the child in the obligated parent's health insurance coverage plan. That parent may contest the notice by filing a written request for an administrative review within ten days after the parent receives a copy of the notice from the employer.  The department shall conduct an administrative review pursuant to section 25-522.  If a parent contests the notice, the department or its agent shall notify the employer by first class mail or electronic means that the parent has contested the medical support notice to enroll. The employer shall send the employee contributions until the department notifies the employer to cease withholding.  An administrative review is limited to determining if:

1. Medical support is unlawful or inconsistent with an administrative or court order.

2. A mistaken identity exists.

3. The responsible party pursuant to the order provides alternative coverage.

4. The other parent is already providing medical insurance for the child pursuant to court order.

5. The cost of the insurance coverage is reasonable as prescribed pursuant to section 25-320, subsection J.

C. If an employee on whom an income withholding order or order of assignment and notice is served is a new employee who is entered into the state directory of new hires pursuant to section 23-722.01, the department or its agent shall provide the medical support notice to enroll to the obligated parent's employer within two days after the date of entry in the state directory of new hires unless the responsible party pursuant to the order provides alternative coverage.

D. If the obligated parent who is required by a court or an administrative order to obtain health insurance coverage changes employment and the new employer is known to the department or its agent, the department or its agent shall use the medical support notice to enroll to transfer notice to the new employer.  Within thirty days after the obligated parent changes employment the obligated parent shall provide the department or its agent with the name of the health insurance coverage plan under which the child is covered, the effective date of the coverage, a description of the coverage, the name of the employer and any other necessary information, forms or documents related to the health insurance coverage as provided to all new members.  Within twenty business days after it receives the medical support notice to enroll the employer shall transfer the notice to the appropriate health insurance plan that provides coverage for which the child is eligible.

E. A medical support notice to enroll has the same effect as an enrollment application that is signed by the parent.

F. If the employer does not have existing dependent coverage when it receives the medical support notice to enroll, the employer is not required to create this coverage.  The employer shall notify the department or its agent of this fact within ten days after receiving the medical support notice to enroll.

G. Service by mail as authorized in this section is complete as to the employer when the mailing is received.  Service by electronic means as authorized in this section is complete on transmission to the employer.
A.R.S. § 25-381.09 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.09
25-381.09 Petition invoking jurisdiction or for transfer of action to conciliation court
Status: in_force

25-381.09. Petition invoking jurisdiction or for transfer of action to conciliation court

Prior to the filing of any action for annulment, dissolution of marriage, or legal separation, either spouse, or both spouses, may file in the conciliation court a petition invoking the jurisdiction of the court for the purpose of preserving the marriage by effecting a conciliation between the parties or for amicable settlement of the controversy between the spouses so as to avoid further litigation over the issue involved. In any case where an action for annulment, dissolution of marriage, or legal separation has been filed, either party thereto may by petition filed therein have the cause transferred to the conciliation court for proceedings in the same manner as though action had been instituted in the conciliation court in the first instance.
A.R.S. § 25-684 — Arizona Code / Title 25 / Chapter 5 / Article 5 / Section 684
25-684 Preexisting warrants
Status: in_force

25-684. Preexisting warrants

A civil arrest warrant that is issued before the effective date of this section for the failure to appear in a child support enforcement proceeding under this chapter or chapter 3 of this title automatically becomes a child support arrest warrant after the effective date of this section. This article applies to all procedures under the warrant, unless the agency that is responsible for child support enforcement in a county elects not to convert warrants issued in that county.
A.R.S. § 25-411 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 411
25-411 Modification of legal decision-making or parenting time; affidavit; contents; military families
Status: in_force

25-411. Modification of legal decision-making or parenting time; affidavit; contents; military families

A. A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health. At any time after a joint legal decision-making order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence involving a violation of section 13-1201 or 13-1204, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order. Six months after a joint legal decision-making order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify an order shall meet the requirements of this section.  Except as otherwise provided in this section, if a parent is a member of the United States armed forces, the court shall consider the terms of that parent's military family care plan to determine what is in the child's best interest during that parent's military deployment.

B. If the parent with whom the parent's child resides a majority of the time receives temporary duty, deployment, activation or mobilization orders from the United States military that involve moving a substantial distance away from the parent's residence a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until ninety days after the deployment ends, unless a modification is agreed to by the deploying parent.

C. The court shall not consider a parent's absence caused by deployment or mobilization or the potential for future deployment or mobilization as the sole factor supporting a real, substantial and unanticipated change in circumstances pursuant to this section.

D. On motion of a deploying or nondeploying, mobilizing or absent military parent, the court, after a hearing, shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization if:

1. A military parent who has legal decision-making or parenting time pursuant to an existing court order has received notice from military leadership that the military parent will deploy or mobilize in the near future.

2. The deployment or mobilization would have a material effect on the military parent's ability to exercise parental rights and responsibilities or parent-child contact.

E. On motion of a deploying parent, if reasonable advance notice is given and good cause is shown, the court shall allow that parent to present testimony and evidence by electronic means with respect to parenting time or parent-child contact matters instituted pursuant to this section if the deployment of that parent has a material effect on that parent's ability to appear in person at a regularly scheduled hearing.  For the purposes of this subsection, "electronic means" includes communication by telephone or video teleconference.

F. The court shall hear motions for modification because of deployment as expeditiously as possible.

G. If a military parent receives military temporary duty, deployment, activation or mobilization orders that involve moving a substantial distance away from the military parent's residence or that otherwise have a material effect on the military parent's ability to exercise parenting time, at the request of the military parent, for the duration of the military parent's absence the court may delegate the military parent's parenting time, or a portion of that time, to a child's family member, including a stepparent, or to another person who is not the child's parent but who has a close and substantial relationship to the minor child, if the court determines that is in the child's best interest.  The court shall not allow the delegation of parenting time to a person who would be subject to limitations on parenting time.  The parties shall attempt to resolve disputes regarding delegation of parenting time through the dispute resolution process specified in their parenting plan, unless excused by the court for good cause shown.  A court order pursuant to this subsection does not establish separate rights to parenting time for a person other than a parent.

H. All temporary modification orders pursuant to this section shall include a specific transition schedule to facilitate a return to the predeployment order within ten days after the deployment ends, taking into consideration the child's best interests.

I. A decree or order that a court enters in contemplation of or during the military deployment of a parent outside of the continental United States shall specifically reference the deployment and include provisions governing the legal decision-making or parenting time arrangements, or both, of the minor child after the deployment ends.  Either parent may file a petition with the court after the deployment ends to modify the decree or order, in compliance with subsection L of this section. The court shall hold a hearing or conference on the petition within thirty days after the petition is filed.

J. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously the child's physical, mental, moral or emotional health.

K. If after a legal decision-making or parenting time order is in effect one of the parents is charged with a dangerous crime against children as defined in section 13-705, child molestation as defined in section 13-1410 or an act of domestic violence as prescribed in section 13-3601 in which the victim is a minor, the other parent may petition the court for an expedited hearing.  Pending the expedited hearing, the court may suspend parenting time or change legal decision-making ex parte.

L. To modify any type of legal decision-making or parenting time order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits.  The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the pleadings, in which case it shall set a date for hearing on why the requested modification should not be granted.

M. The court shall assess attorney fees and costs against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment.

N. Subsection L of this section does not apply if the requested relief is for the modification or clarification of parenting time and not for a change of legal decision-making.
A.R.S. § 25-1242 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1242
25-1242 Proceeding by minor parent
Status: in_force

25-1242. Proceeding by minor parent

A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit of the minor's child.
A.R.S. § 25-503 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 503
25-503 Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages; notice; security
Status: in_force

25-503. Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages; notice; security

A. In any proceeding in which there is at issue the support of a child, the court may order either or both parents to pay any amount necessary for the support of the child. If the court order does not specify the date when current support begins, the support obligation begins to accrue on the first day of the month following the entry of the order.  If any form of payment is rightfully dishonored by the payor bank or other drawee, any subsequent support payments and handling fees shall be paid only by cash, money order, cashier's check, traveler's check or certified check. The department may collect from the drawer of a dishonored payment an amount allowed pursuant to section 44-6852. Pursuant to sections 35-146 and 35-147, the department shall deposit monies collected pursuant to this subsection in a child support enforcement administration fund. If a party required to pay support by guaranteed means demonstrates full and timely payment for twenty-four consecutive months, that party may pay support by regularly accepted forms of payment if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee. On a showing of good cause, the court may order that the party or parties required to pay support give reasonable security for these payments. If the court sets an appearance bond and the obligor fails to appear, the bond is forfeited and credited against any support owed by the party required to pay support.  This subsection does not apply to payments that are made by means of a wage assignment.

B. On a showing that an income withholding order has been ineffective to secure the timely payment of support and that an amount equal to six months of current support has accrued, the court shall require the obligor to give security, post bond or give some other guarantee to secure overdue support.

C. In title IV-D cases, and in all other cases subject to an income withholding order issued on or after January 1, 1994, after notice to the party entitled to receive support, the department or its agent may direct the party obligated to pay support or other payor to make payment to the support payment clearinghouse. The department or its agent shall provide notice by first class mail.

D. The obligation for current child support shall be fully met before any payments under an order of assignment may be applied to the payment of arrearages.  If a party is obligated to pay support for more than one family and the amount available is not sufficient to meet the total combined current support obligation, any monies shall be allocated to each family as follows:

1. The amount of current support ordered in each case shall be added to obtain the total support obligation.

2. The ordered amount in each case shall be divided by the total support obligation to obtain a percentage of the total amount due.

3. The amount available from the obligor's income shall be multiplied by the percentage under paragraph 2 of this subsection to obtain the amount to be allocated to each family.

E. Any order for child support may be modified or terminated on a showing of changed circumstance that is substantial and continuing, except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate.  The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. Modification and termination are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. The order of modification or termination may include an award of attorney fees and court costs to the prevailing party.

F. On petition of a person who has been ordered to pay child support pursuant to a presumption of paternity established pursuant to section 25-814, the court may order the petitioner's support to terminate if the court finds based on clear and convincing evidence that paternity was established by fraud, duress or material mistake of fact.  Except for good cause shown, the petitioner's support obligations continue in effect until the court has ruled in favor of the petitioner.  The court shall order the petitioner, each child who is the subject of the petition and the child's mother to submit to genetic testing and shall order the appropriate testing procedures to determine the child's inherited characteristics, including blood and tissue type.  If the court finds that the petitioner is not the child's biological father, the court shall vacate the determination of paternity and terminate the support obligation.  Unless otherwise ordered by the court, an order vacating a support obligation is prospective and does not alter the petitioner's obligation to pay child support arrearages or any other amount previously ordered by the court.  If the court finds that it is in the child's best interests, the court may order the biological father to pay restitution to the petitioner for any child support paid before the court ruled in favor of the petitioner pursuant to this subsection.

G. Notwithstanding subsection E of this section, in a title IV-D case a party, or the department or its agent if there is an assignment of rights under section 46-407, may request every three years that an order for child support be reviewed and, if appropriate, adjusted. The request may be made without a specific showing of a changed circumstance that is substantial and continuing. The department or its agent shall conduct the review in accordance with the child support guidelines of this state.  If appropriate, the department shall file a petition in the superior court to adjust the support amount.  Every three years the department or its agent shall notify the parties of their right to request a review of the order for support. The department or its agent shall notify the parties by first class mail at their last known address or by including the notice in an order.

H. If a party in a title IV-D case requests a review and adjustment sooner than three years, the party shall demonstrate a changed circumstance that is substantial and continuing.

I. The right of a party entitled to receive support or the department to receive child support payments as provided in the court order vests as each installment falls due.  Each vested child support installment is enforceable as a final judgment by operation of law. The department or its agent or a party entitled to receive support may also file a request for written judgment for support arrearages.

J. Voluntary relinquishment of physical custody of a child to the obligor from the obligee is an affirmative defense in whole or in part to a petition for enforcement of child support arrears.  In determining whether the relinquishment was voluntary, the court shall consider whether there is any evidence or history of any of the following:

1. Domestic violence.

2. Parental kidnapping.

3. Custodial interference.

K. The relinquishment pursuant to subsection J of this section must have been for a time period in excess of any court-ordered period of parenting time and the obligor must have supplied actual support for the child.

L. If the obligee, the department or their agents make efforts to collect a child support debt more than ten years after the emancipation of the youngest child subject to the order, the obligor may assert as a defense, and has the burden to prove, that the obligee or the department unreasonably delayed in attempting to collect the child support debt.  On a finding of unreasonable delay a tribunal, as defined in section 25-1202, may determine that some or all of the child support debt is no longer collectible after the date of the finding.

M. Notwithstanding any other law, any judgment for support and for associated costs and attorney fees is exempt from renewal and is enforceable until paid in full.

N. If a party entitled to receive child support or spousal maintenance or the department or its agent enforcing an order of support has not received court-ordered payments, the party entitled to receive support or spousal maintenance or the department or its agent may file with the clerk of the superior court a request for judgment of arrearages and an affidavit indicating the name of the party obligated to pay support and the amount of the arrearages.  The request must include notice of the requirements of this section and the right to request a hearing within twenty days after service in this state or within thirty days after service outside this state. The request, affidavit and notice must be served pursuant to the Arizona rules of family law procedure on all parties including the department or its agents in title IV-D cases.  In a title IV-D case, the department or its agent may serve all parties by certified mail, return receipt requested. Within twenty days after service in this state or within thirty days after service outside this state, a party may file a request for a hearing if the arrearage amount or the identity of the person is in dispute.  If a hearing is not requested within the time provided, or if the court finds that the objection is unfounded, the court must review the affidavit and grant an appropriate judgment against the party obligated to pay support.

O. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for a period of one hundred twenty days after the date the first payment is returned as undeliverable due to the failure of a party to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall return that and all other unassigned payments to the obligor unless there is an agreement of the obligor to pay assigned arrears and other debts owed to the state.

P. If the obligee of a child support order marries the obligor of the child support order, that order automatically terminates on the last day of the month in which the marriage takes place and arrearages do not accrue after that date.  However, the obligee or the state may collect child support arrearages that accrued before that date.  The obligee, the obligor or the department or its agent in a title IV-D case may file a request or stipulation to terminate or adjust any existing order of assignment pursuant to section 25-504 or 25-505.01.

Q. For the purposes of this chapter, a child is emancipated:

1. On the date of the child's marriage.

2. On the child's eighteenth birthday.

3. When the child is adopted.

4. When the child dies.

5. On the termination of the support obligation if support is extended beyond the age of majority pursuant to section 25-501, subsection A or section 25-320, subsections E and F.
A.R.S. § 25-522 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 522
25-522 Administrative review; notice; determination; judicial review; definitions
Status: in_force

25-522. Administrative review; notice; determination; judicial review; definitions

A. An obligor may contest an enforcement action by the department or its agent by filing a request for administrative review. An obligee may contest the distribution or disbursement of support payments by the department or its agent by filing a request for administrative review. The obligor, the obligee or the caretaker may contest the disbursement of support to a noncustodial person other than the state by filing a request for administrative review pursuant to section 46-444.  The request shall be in writing, shall be signed by the requesting party, shall include a residential and mailing address and may be transmitted electronically.  The request shall state the basis for the dispute and shall include any relevant information to assist the department or its agent, including a copy of any order issued, documentation of support payments made and any notice sent by the department or its agent.

B. Within ten business days after receiving the request for review, the department or its agent shall send a notice of acknowledgment of receipt of request for administrative review to the person filing the request and shall specify any additional information the department or its agent requires to complete the review.  The department or its agent on its own initiative may also request any other additional information it deems necessary to make its determination.  The department or its agent shall also notify the obligee of the obligor's request for review of enforcement actions.

C. Except for obligee complaints made under section 46-408 as to distribution of support, the department or its agent shall issue a written determination within forty-five business days after sending the notice of acknowledgment of receipt of request for administrative review, or if additional information is required, forty-five business days after receipt of this information. If additional information is not received from the requesting party or another person within thirty business days after the date of the department's or the agent's request for additional information, the department shall issue a final written determination within ten business days after the due date for receipt of the additional information based on the available information. The final determination shall be in writing, and a copy shall be served on all parties by first class mail or may be delivered electronically if electronic contact information is included in the request for administrative review.

D. Notwithstanding subsections B and C of this section, if the basis for the request for review is an income withholding order issued by the department pursuant to section 25-505.01, a lien recorded pursuant to section 25-516 or a levy made pursuant to section 25-521, the department shall review the request and issue a final determination within ten business days after it receives the request for review.  The department shall send a copy of the final determination by first class mail to all parties.

E. Notwithstanding subsections B, C and D of this section, if the basis for the request for review is a mistake in identity pursuant to section 25-521, the department shall issue a final determination by first class mail to all parties within two business days after receiving adequate documentation to determine the mistake in identity.

F. A department determination made pursuant to this section is subject to judicial review under title 12, chapter 7, article 6, except that an appeal by an obligee of a department determination made pursuant to this section regarding the distribution of support payments shall be made pursuant to title 41, chapter 14, article 3.

G. For the purposes of this section:

1. "Business day" means a day on which state offices are open for regular business.

2. "Department" includes the department's agent.

3. "Enforcement action" means an action taken by the department to:

(a) Suspend or deny a license.

(b) Impose a lien against real or personal property.

(c) Issue a notice of levy against assets held by or on behalf of an obligor.

(d) Issue an income withholding order or order to modify or terminate an income withholding order.

(e) Report an obligor to a consumer reporting agency.

(f) Issue a medical support notice of enrollment prescribed by the United States secretary of health and human services.

(g) Offset federal payments.

(h) Disburse support to a caretaker.
A.R.S. § 25-1038 — Arizona Code / Title 25 / Chapter 8 / Article 2 / Section 1038
25-1038 Jurisdiction declined by reason of conduct
Status: in_force

25-1038. Jurisdiction declined by reason of conduct

A. Except as otherwise provided in section 25-1034, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless any of the following is true:

1. The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction.

2. A court of the state otherwise having jurisdiction under section 25-1031, 25-1032 or 25-1033 determines that this state is a more appropriate forum under section 25-1037.

3. A court of any other state would not have jurisdiction under the criteria specified in section 25-1031, 25-1032 or 25-1033.

B. If a court of this state declines to exercise its jurisdiction pursuant to subsection A of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under section 25-1031, 25-1032 or 25-1033.

C. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection A of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses 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 are sought establishes that the assessment would be clearly inappropriate.  The court shall not assess fees, costs or expenses against this state unless authorized by law other than this chapter.
A.R.S. § 25-504 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 504
25-504 Order of assignment; ex parte order of assignment; responsibilities; violation; termination
Status: in_force

25-504. Order of assignment; ex parte order of assignment; responsibilities; violation; termination

A. In a proceeding in which the court orders a person to pay support the court shall, and in a proceeding in which the court orders a person to pay spousal maintenance the court may, assign to the person or agency entitled to receive the support or spousal maintenance that portion of the person's income necessary to pay the amount ordered by the court. In a proceeding in which spousal maintenance is ordered to be paid the court shall order the assignment on either party's request.

B. A person who is obligated by an order to pay support or spousal maintenance, the person to whom support or spousal maintenance is ordered to be paid or the department or its agent in a title IV-D case may file a verified request with the clerk of the superior court requesting the clerk to issue an ex parte order of assignment for support or spousal maintenance.  The ex parte order of assignment may include a payment for current support and any other support, current spousal maintenance, spousal maintenance arrearages and interest on spousal maintenance arrearages.  A request filed by the department or its agent need not be verified.  The request shall state:

1. The name of the person or agency entitled to receive support or spousal maintenance.

2. The monthly amount of any current support and the monthly amount of any spousal maintenance ordered by the court.

3. The specific amount requested for any support arrearages, spousal maintenance arrearages or interest.

4. The name and address of the payor to whom it is requested the order of assignment be directed and the name of the person obligated to pay support or spousal maintenance.

C. After receipt of a request for an ex parte order of assignment the clerk of the superior court, without a hearing or notice to the person obligated to pay support or spousal maintenance, shall issue an order of assignment of that portion of the person's income as is sufficient to pay the amount requested to the person or agency entitled to receive the support or spousal maintenance. The order of assignment shall include the social security number of the obligated person.  On issuance of an ex parte order of assignment, the clerk shall issue a notice directed to the obligor in substantially the following form, which shall also be in Spanish:

Notice

To: The obligor (the person ordered to pay support or spousal maintenance)

This is to notify you that part of your income or other monies is being taken away by the enclosed order of assignment that was issued on a request for an order of assignment that also is enclosed. The order of assignment has been issued for currently accruing child support or spousal maintenance, or both, based on the requesting party's claim that you are obligated to pay this. In addition, the requesting party may be claiming a right to collect other support, as defined in section 25-500, Arizona Revised Statutes, arrearages on spousal maintenance or interest on a judgment for unpaid spousal maintenance.

If you believe the enclosed order of assignment is improper or unlawful, that your property is exempt by law or that your employer or other payor is withholding more than is permitted by law, you may request a hearing before the superior court.  You must file a request to terminate or adjust the order of assignment on forms provided by the clerk of the court within seven days after your receipt of the order for assignment, request for an order of assignment and this notice. If you request a hearing, it will be held no more than ten days after you file your request with the court.

Here are some other important things you should know:

The order of assignment is effective immediately on service of the order on your employer or another payor. The first employer or payor served shall not withhold or deduct amounts specified in the ex parte order of assignment for fourteen calendar days from the date of service to allow you, the obligor, an opportunity to contest the order of assignment as provided in section 25-504, Arizona Revised Statutes. A future employer or payor may begin deductions sooner than the fourteen day period after the order of assignment is received.

If you request a hearing, the court, after considering the financial resources of both parties and the reasonableness of the positions each party has taken, may order a party to pay a reasonable amount to the other for the attorney fees and costs of filing or defending the request.

Under state law (section 33-1131, Arizona Revised Statutes) no more than one-half of your disposable earnings for any pay period may be taken to satisfy an order issued for support or spousal maintenance. The amount of disposable earnings exempt from the order of assignment must be paid to you when due. Disposable income means the remaining portion of your wages, salary or compensation for personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pension or retirement program or a deferred compensation plan, after deducting from such earnings the amounts required by law to be withheld.

An employer or other payor who receives the order of assignment may deduct from amounts due to you one dollar for each pay period, but not more than four dollars per month, for costs.  The employer or payor also must deduct a monthly amount for the support payment handling fee required by state law (section 25-510, Arizona Revised Statutes).

The employer or other payor on whom the order of assignment is served will continue to withhold the amount set in the order and will forward the payment to the support payment clearinghouse until you file with the clerk one of the following:

1. A verified request to adjust the order of assignment, and the court adjusts the order of assignment because there has been a change of circumstances since the time of the issuance of the order or there is other good cause to do so.

2. A verified request for a hearing to terminate the order of assignment and, after a hearing, the court terminates the order of assignment if all obligations have been satisfied or will be satisfied within ninety days.

3. A notarized stipulation stating that the obligation to pay support or spousal maintenance has ended and that all arrearages either have been satisfied or have been waived, and the clerk terminates the order of assignment.

An employer may not refuse to hire, may not discharge or may not otherwise discipline you as a result of the order of assignment. If you are wrongfully refused employment, discharged or otherwise disciplined you may recover damages suffered, plus reinstatement if appropriate, plus reasonable attorney fees and costs incurred against the employer.

Unless a court has expressly ordered otherwise, you must notify the clerk of the court or the support payment clearinghouse in writing of the address of your residence and of your employment and, within ten days, of a change in either one. Your failure to do so may subject you to sanctions for contempt of court, including reasonable attorney fees and costs pursuant to state law (section 25-504, subsection R, Arizona Revised Statutes). Official notices will be delivered to you at the most recent addresses you have provided to the clerk or support payment clearinghouse.

D. Any order of assignment shall be issued only for support, spousal maintenance, spousal maintenance arrearages, interest on spousal maintenance arrearages and handling fees. The order of assignment shall state the total amount that the payor shall withhold. The order of assignment also shall specify the monthly amount of current support and any other payment ordered for support, the monthly amount of any current spousal maintenance, the monthly amount of any spousal maintenance arrearages and any monthly interest payment.  If the obligor's disposable earnings from the primary employer or other payor do not meet the support obligation, the court shall issue an order of assignment to a secondary employer or other payor of the obligor in order to meet the full support obligation.

E. An order of assignment shall be served on any employer or other payor by first class mail, electronic transmission or personal delivery or pursuant to the Arizona rules of family law procedure. The order of assignment is effective immediately on receipt by any employer or other payor and any future employer or future payor. Any employer or other payor of monies shall begin withholding no later than fourteen days after receipt of an order of assignment.  The employer or other payor, if feasible, may begin withholding sooner than the fourteen day period if a payment to the obligor is due sooner.

F. Two copies of an ex parte order of assignment and of the request for an order of assignment, together with a copy of the notice required by this section, shall be served on any employer or other payor in the same manner as other orders of assignment under this section. Within five days after receipt, the employer or payor shall serve by personal delivery or by registered mail one copy of the ex parte order of assignment and of the request and the notice on the employee or other payee. The ex parte order of assignment is effective on any employer or other payor, and as an assignment by operation of law is effective on any future employers or other future payors, immediately on receipt. The first employer or other payor served shall not withhold or deduct amounts specified in the ex parte order of assignment for fourteen calendar days to allow the obligor an opportunity to contest the order of assignment as provided in this section. Any future employers or future payors shall begin withholding not later than fourteen days after receipt of an ex parte order of assignment but, if feasible, may begin withholding sooner than fourteen days if a payment to the obligor is due sooner.

G. After service of an ex parte order of assignment on the employer or payor that initially receives the order of assignment, an obligor may request a hearing to contest the ex parte order of assignment.  The request shall be made in writing, and the obligor shall state under oath the specific reason for the request. The request shall be filed with the court together with a notice of hearing form. The court shall hold a hearing within ten days after the request and notice of hearing form is filed. Immediately on the scheduling of the hearing, the obligor shall serve a copy of the request for and notice of hearing on the person entitled to receive support, and in a title IV-D case to the department. If the obligor files a request for hearing within seven days after receipt of the order of assignment, the court may order the support payment clearinghouse not to disburse any monies received pursuant to the order of assignment until further order of the court.  The obligor may contest the withholding for any of the following reasons:

1. There is an error in the identity of the obligor.

2. There is an error in the amount of support or spousal maintenance.

3. Invalidity of the order for support or spousal maintenance.

4. Current support or spousal maintenance is no longer owed, if the order of assignment includes a payment for current support or spousal maintenance.

5. Arrearages are not owed if the order of assignment includes a payment for arrearages.

H. Any employer or other payor who has received any order of assignment shall withhold the amount specified in the order of assignment, together with the handling fee as provided in section 25-510, from the income of the person obligated to pay support or spousal maintenance and shall transmit the withheld monies to the support payment clearinghouse within two business days after the obligor is paid or after the payment to the obligor is due.  The handling fee shall be deducted and transmitted monthly. For the cost of compliance the employer or payor may also withhold and retain an additional one dollar per payment but not more than four dollars per month for each obligor. An employer or payor may combine in a single payment withheld monies for more than one obligor, shall separately identify the portion of the remittance that is attributable to each obligor and shall include each obligor's social security number. An employer or payor shall notify the clerk or support payment clearinghouse in writing when the obligor is no longer employed or the right to receive income or other monies has been terminated. The employer or payor shall also notify the clerk or support payment clearinghouse in writing of the obligor's social security number and last known address and the name and address of the obligor's new employer, if known, within ten days.  In a non-title IV-D case, within ten days after receiving this information the support payment clearinghouse shall notify the clerk of the superior court in the county where the support or maintenance order was issued. If within ninety days of the last payment, the employer or other payor reemploys the obligor or becomes obligated to pay the obligor, the employer or payor is again bound by the order of assignment and is required to perform as required by this section. In a title IV-D case the order of assignment may be reinstated pursuant to section 25-505.01. An employer or payor who fails without good cause to comply with the terms of an order of assignment is liable for amounts not paid to the clerk or support payment clearinghouse pursuant to the order of assignment and reasonable attorney fees, costs and other expenses incurred in procuring compliance and may be subject to contempt.

I. If a person is obligated to pay child support for more than one family and the amount available for withholding is not sufficient to meet the total combined current child support obligation, any monies withheld from the obligor's income shall be allocated to each family by the employer or payor as follows:

1. The amount of current child support ordered in each case shall be added together to obtain the total current child support obligation.

2. The amount of current child support ordered in each case shall be divided by the total current child support obligation to obtain the percentage of the total current child support obligation to be allocated to each case.

3. The amount withheld from the obligor shall be multiplied by the percentage for each case to obtain the amount to be allocated to each case.

J. The person or agency entitled to receive support or spousal maintenance shall notify the clerk of the superior court or support payment clearinghouse in writing of any change of residential address and of any other information required pursuant to section 46-443, within ten days of any change.  If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments under an order of assignment for the period prescribed in section 25-503 due to the failure of an obligee to comply with the notice requirement of this subsection, the clerk or support payment clearinghouse shall not make further payment under the order of assignment and shall return payments to the obligor as prescribed in section 25-503. Under these circumstances the court, clerk or department or its agent shall order the release of the employer or payor from the order of assignment on request of the employer, the payor, the department or its agent or on the clerk's own initiative. Any order of assignment from which an employer or payor has been released may be reinstated by following the procedures for obtaining an ex parte order of assignment pursuant to this section or, in a title IV-D case, an administrative income withholding order pursuant to section 25-505.01.

K. Unless a court has ordered otherwise, the person ordered to pay support or spousal maintenance shall notify the clerk of the superior court or the support payment clearinghouse in writing of the obligor's residential address and the name and address of any employer, and within ten days of any change.  Failure to do so may subject the person to sanctions for contempt of court, including reasonable attorney fees and costs.

L. Any order of assignment may be adjusted if there has been a change of circumstances since the date the order of assignment was issued or for good cause. The department or its agent or a person obligated to pay or entitled to receive support or spousal maintenance shall file with the clerk of the superior court a request to adjust the order of assignment and a proposed order of assignment. The request shall specify the adjustment sought and the reason for the request. A copy of the request shall be served pursuant to the Arizona rules of family law procedure, or by the department or its agent in a title IV-D case by first class mail, on all other parties and on the state if the department is providing title IV-D support services or has a claim for arrearages. The party receiving the request and proposed order may request a hearing within twenty days or within thirty days if service is made outside this state. On proof of service and if a hearing has not been requested within the time allowed, the clerk shall issue the order of assignment as appropriate. Within two business days after the date the order of assignment is issued, the clerk shall transmit a copy of the order of assignment to the employer or payor, the department or its agent and all parties.  Unless ordered otherwise by the court, in a title IV-D case any order of assignment may be adjusted pursuant to section 25-505.01.

M. The department or its agent or a person obligated to pay or entitled to receive support or spousal maintenance may file a request to terminate any order of assignment if the obligation to pay support or spousal maintenance has ended or will end within ninety days after the filing of the request and if all arrearages either have been paid or will be paid within the period or have been waived. The request shall state the reason why termination is requested and shall contain the name and address of the employer or payor of the person obligated to pay support. A copy of the request shall be served pursuant to the Arizona rules of family law procedure, or by the department or its agent in a title IV-D case by first class mail, on all other parties and on the state if the department is providing title IV-D support services or has a claim for arrearages. A party receiving this notice may request a hearing within twenty days or within thirty days if service is made outside this state. On proof of service and if a hearing has not been requested within the time allowed, the clerk shall issue an order terminating the order of assignment as appropriate. Within two business days after the date the order is issued, the clerk shall transmit a copy of the order terminating the order of assignment to the employer or payor and to the department or its agent. If a hearing is requested, the court shall set the hearing within twenty days after receiving the request and shall issue an appropriate order. A person who is ordered to pay support may request the court to terminate an order of assignment at any time if an employer is making deductions on multiple assignments for an obligation for the same minor children. Notwithstanding any law to the contrary, the clerk shall not charge a fee to a person who files a request to terminate an order of assignment if an employer is making deductions on multiple assignments for an obligation for the same minor children.

N. If a request to adjust or terminate an order of assignment is filed, the court in its discretion may order that the clerk of the superior court or support payment clearinghouse not disburse any monies in dispute until further order of the court.

O. The clerk of the superior court shall issue an order terminating the order of assignment if the parties, including the department or its agent in a title IV-D case, file a notarized stipulation with the clerk that all obligations of support or spousal maintenance have been satisfied and that the obligor is no longer obligated to pay support or spousal maintenance.  The stipulation shall state that the current obligation of support or spousal maintenance no longer exists and that all arrearages either have been satisfied or waived. The stipulation shall also contain the name and address of the employer or payor of the person obligated to pay support or spousal maintenance. Within five business days after the date the stipulation is filed, the clerk shall transmit a copy of the order terminating the order of assignment to the employer or payor and to the department or its agent.  Notwithstanding any law to the contrary, the clerk shall not charge a fee to a party who files a stipulation pursuant to this subsection.

P. An assignment ordered pursuant to this section has priority over all other executions, attachments or garnishments. An obligation for current child support shall be fully met before any payments pursuant to an order of assignment may be applied to any other support obligation.  An assignment ordered under this section does not apply to amounts made exempt under section 33-1131 or any other applicable exemption law.

Q. Any employer or other payor shall not refuse to hire a person and shall not discharge or otherwise discipline an obligor because of service of an order of assignment authorized by this section. An employer or payor who refuses to hire a person or who discharges or otherwise disciplines an employee or obligor because of service of an order of assignment is subject to contempt and sanctions as may be ordered by the court. A person who is wrongfully refused employment, wrongfully discharged or otherwise disciplined is entitled to recover damages sustained by the prohibited conduct, reinstatement, if appropriate, and attorney fees and costs incurred.

R. In any proceeding under this section the court, after considering the financial resources of the parties and the reasonableness of the positions each party has taken, may order a party to pay a reasonable amount to another party for the costs and expenses, including attorney fees, of maintaining or defending the proceeding.
A.R.S. § 25-355 — Arizona Code / Title 25 / Chapter 3 / Article 5 / Section 355
25-355 Fees; deferral or waiver
Status: in_force

25-355. Fees; deferral or waiver

Each person who attends the educational program required by the court pursuant to section 25-352 may be required to pay to the clerk of the superior court a fee not to exceed fifty dollars that covers the cost of the program.  The fee may be deferred or waived pursuant to section 12-302. Notwithstanding any other law, fees paid under this section shall be used exclusively for the purposes of domestic relations education programs that are established pursuant to section 25-351. The clerk shall transmit monthly the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the children's issues education fund established by section 25-354.
A.R.S. § 25-1063 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1063
25-1063 Recognition and enforcement
Status: in_force

25-1063. Recognition and enforcement

A court of this state shall accord full faith and credit to an order that is issued by another state, that is consistent with this chapter and that enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter.
A.R.S. § 25-1007 — Arizona Code / Title 25 / Chapter 8 / Article 1 / Section 1007
25-1007 Priority
Status: in_force

25-1007. Priority

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, on request of a party, the question must be given priority on the calendar and handled expeditiously.
A.R.S. § 25-532 — Arizona Code / Title 25 / Chapter 5 / Article 2 / Section 532
25-532 Enrollment of child
Status: in_force

25-532. Enrollment of child

A. An insurer shall not deny a child enrollment under the health plan of the child's parent for any of the following reasons:

1. The child was born out of wedlock.

2. The child is not claimed as a dependent on the parent's federal or state tax return.

3. The child does not reside with the parent or in the insurer's service area. If the child resides in another state the insurer may vary the premium and policy provisions to account for benefit levels and experience in that state.

B. If the child has health coverage through an insurer of the noncustodial parent the insurer shall:

1. Provide any information to the custodial parent that may be necessary for the child to obtain benefits through the custodial parent's insurer.

2. Permit the custodial parent or the provider with the custodial parent's approval to submit claims for covered services without the approval of the noncustodial parent.

3. Make payments on claims that are submitted pursuant to paragraph 2 of this subsection directly to the custodial parent, the provider or the state IV-D agency.
A.R.S. § 25-807 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 807
25-807 Precedence of maternity and paternity proceedings; delay for paternity tests; court order; evidentiary use; alternative tests; out-of-state orders; immunity
Status: in_force

25-807. Precedence of maternity and paternity proceedings; delay for paternity tests; court order; evidentiary use; alternative tests; out-of-state orders; immunity

A. Proceedings to establish maternity and paternity have precedence over other civil proceedings. The case shall be set for trial within sixty days from the filing of an answer by the respondent.

B. A delay in determining paternity in an action commenced before the birth of the child shall be granted until after the birth of the child for purposes of paternity tests if any party to the proceedings requests.

C. The court, on its own motion or on motion of any party to the proceedings, shall order the mother, her child or children and the alleged father to submit to genetic testing and shall direct that inherited characteristics to determine parentage, including blood and tissue type, be determined by appropriate testing procedures conducted by an accredited laboratory.  If the mother is unavailable or fails to cooperate by refusing to submit to genetic testing, testing of the alleged father and child or children may be appropriate. An expert duly qualified as an examiner of genetic markers shall be agreed on by the parties or appointed by the court to analyze and interpret the results and report to the court.

D. If the results of the genetic tests 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 the alleged father is not the father of the child.

E. The examiner's report shall be admitted at trial unless a timely written challenge to the examiner's report is filed with the court within twenty days of the date the report was filed with the court. If the results of the examiner's report have been challenged and on the reasonable request of a party, the court shall order an additional test to be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.

F. If a timely written challenge is not filed pursuant to subsection E, the examiner's report is admissible in evidence without the need for foundation testimony or other proof of authenticity or accuracy.

G. The court, on application of either party, shall determine the proportion and time in which the initial test costs shall be paid.

H. On motion of a party to the proceedings, the court may order that experts perform alternative or additional tests including medical, scientific and genetic tests.

I. Either party may apply for summary judgment on the issue of paternity.

J. A state or local agency in this state, including the department of economic security, the department of child safety, the state department of corrections and any other correctional facility that has custody of a person who is the subject of the genetic testing order, shall treat a genetic testing order issued in another state that appears to be in good order as if it were issued by a court of this state.

K. Notwithstanding any other law, an agency, agency employee or agency contractor that acts in good faith to cooperate in obtaining genetic testing samples under this section is not subject to civil or criminal liability.
A.R.S. § 25-381.21 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.21
25-381.21 Construction of article
Status: in_force

25-381.21. Construction of article

Except as specifically and expressly so provided, nothing in this article is intended or shall be construed to repeal, modify, or change in any respect whatsoever the laws relating to annulment of marriage, dissolution of marriage, or legal separation, and the court of conciliation shall, when application for such relief is made as provided in this article, apply such laws in the same manner as if action had been brought thereunder in the first instance in the superior court, but the conciliation procedures of the conciliation court shall be applied to arrive at an amicable settlement of all issues in controversy.
A.R.S. § 25-1342 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1342
25-1342 Personal information; limit on use
Status: in_force

25-1342. Personal information; limit on use

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
A.R.S. § 25-1307 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1307
25-1307 Contest of registration or enforcement
Status: in_force

25-1307. Contest of registration or enforcement

A. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

1. The issuing tribunal lacked personal jurisdiction over the contesting party.

2. The order was obtained by fraud.

3. The order has been vacated, suspended or modified by a later order.

4. The issuing tribunal has stayed the order pending appeal.

5. There is a defense under the law of this state to the remedy sought.

6. Full or partial payment has been made.

7. The statute of limitation applicable under section 25-1304 precludes enforcement of some or all of the alleged arrearages.

8. The alleged controlling order is not the controlling order.

B. If a party presents evidence establishing a full or partial defense under subsection A of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the laws of this state.

C. If the contesting party does not establish a defense under subsection A of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
A.R.S. § 25-803 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 803
25-803 Persons who may originate proceedings; legal decision-making; parenting time; conciliation court
Status: in_force

25-803. Persons who may originate proceedings; legal decision-making; parenting time; conciliation court

A. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following:

1. The mother.

2. The father.

3. The guardian, conservator or best friend of a child or children born out of wedlock.

4. A public welfare official or agency of the county where the child or children reside or may be found.

5. The state pursuant to section 25-509.

B. An adult may bring an action to establish the adult's biological parent.

C. Any party to a proceeding under this article other than the state may request that legal decision-making and specific parenting time be determined as a part of the proceeding. When paternity is established the court may award legal decision-making and parenting time as provided in section 25-408. The attorney general or county attorney shall not seek or defend any ancillary matters such as legal decision-making or parenting time.

D. In any case in which paternity is established the parent with whom the child has resided for the greater part of the last six months shall have legal decision-making unless otherwise ordered by the court.

E. The services of the conciliation court may be used in regard to disputed matters of legal decision-making and parenting time.
A.R.S. § 25-1040 — Arizona Code / Title 25 / Chapter 8 / Article 2 / Section 1040
25-1040 Appearance of parties and child
Status: in_force

25-1040. Appearance of parties and child

A. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child.  The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.

B. If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to section 25-1008 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

C. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

D. If a party to a child custody proceeding who is outside this state is directed to appear under subsection B of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
A.R.S. § 25-1244 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1244
25-1244 Duties of initiating tribunal
Status: in_force

25-1244. Duties of initiating tribunal

A. On the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents either:

1. To the responding tribunal or the appropriate support enforcement agency in the responding state.

2. If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that the petition be forwarded to the appropriate tribunal and that receipt be acknowledged.

B. If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and may make findings required by the law of the responding state. If the responding tribunal is in a foreign country, on request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
A.R.S. § 25-525 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 525
25-525 Administrative enforcement; interstate cases; definition
Status: in_force

25-525. Administrative enforcement; interstate cases; definition

A. The department or its agent shall respond promptly to a request made by a title IV-D agency in another state to enforce a support order. The department shall use high volume automated administrative enforcement to the same extent as used for intrastate cases in response to a request made by a title IV-D agency in another state to enforce support orders and shall promptly report the results of the enforcement procedure to the requesting state.

B. The department or its agent may transmit a request to a title IV-D agency in another state for assistance, by electronic or other means, in a child support case involving the enforcement of a support order by high volume automated administrative enforcement. The department shall include information necessary to enable the state to which the request is transmitted to compare the case information with information contained in that state's data base. The department's request shall constitute a certification of the amount of arrears under the support order and a certification that the department has complied with all procedural due process requirements in the case.

C. If the department or its agent provides assistance to a title IV-D agency in another state pursuant to this section, the department shall not consider the case to be transferred to the caseload of the other state.

D. The department shall maintain records of the number of requests for assistance received by the department or its agent, the number of cases for which the department or its agent collects support and the amount of support collected in cases pursuant to this section.

E. For the purposes of this section, "high volume automated administrative enforcement" means the use of automatic data processing to search various state data bases to determine if information is available regarding a parent who owes a child support obligation.
A.R.S. § 25-318 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 318
25-318 Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court
Status: in_force

25-318. Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court

A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse's sole and separate property to such spouse. Except as provided in section 25-318.02, the court shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state.

B. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of the property. The court may also consider the exempt status of particular property pursuant to title 33, chapter 8.

C. This section does not prevent the court from considering all actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim or excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

D. The community, joint tenancy and other property held in common for which no provision is made in the decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest.

E. The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of:

1. Any interest or equity the other party has in or to the property.

2. Community debts that the court has ordered to be paid by the parties.

3. An allowance for child support or spousal maintenance, or both.

4. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

F. The decree or judgment shall specifically describe by legal description any real property affected and shall specifically describe any other property affected.

G. This section applies through both prospective and retrospective operation to property without regard to the date of acquisition.

H. In all actions for dissolution of marriage, annulment or legal separation, the court shall require the following statement in the materials provided to the petitioner and to be served on the respondent:

Notice

In your property settlement agreement or decree of dissolution, annulment or legal separation, the court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers).

Since your creditors are not parties to this court case, they are not bound by court orders or any agreements you and your spouse reach in this case. On request, the court may impose a lien against the separate property of a spouse to secure payment of debts that the court orders that spouse to pay.

You may want to contact your creditors to discuss your debts as well as the possible effects of your court case on your debts. To assist you in identifying your creditors, you may obtain a copy of your spouse's credit report by making a written request to the court for an order requiring a credit reporting agency to release the report to you. Within thirty days after receipt of a request from a spouse who is party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, creditors are required by law to provide information as to the balance and account status of any debts for which the requesting spouse may be liable to the creditor. You may wish to use the following form, or one that is similar, to contact your creditors:

Creditor notification

Date: ___________________________________

Creditor name and

Address: ________________________________

_________________________________________

_________________________________________

Within thirty days after receipt of this notice, you are requested to provide the balance and account status of any debt identified by account number for which the requesting party may be liable to you.

Name: ___________________________________

Address: ________________________________

_________________________________________

_________________________________________

_________________________________________

(signature)

_________________________________________

(printed name)

I. On the written request of any party to a pending dissolution of marriage, annulment or legal separation action, the court, except for good cause shown, shall issue an order requiring any credit reporting agency to release the credit report as to the spouse of the requesting party on payment by the requesting party of any customary fee for providing the credit report.

J. On the request of either party and except for good cause shown, the court shall require the parties to submit a debt distribution plan that states the following:

1. How community creditors will be paid.

2. Whether any agreements have been entered into between the parties as to responsibility for the payment of community debts, including what, if any, collateral will secure the payment of the debt.

3. Whether the parties have entered into agreements with creditors through which a community debt will be the sole responsibility of one party.

K. The following form may be used to verify agreements with creditors:

Agreement with creditor

The parties to this agreement include __________________ and ______________________ who are parties to a dissolution of marriage action filed in ________________ county superior court, Arizona, case number _______________ and ______________ who is a duly authorized representative of __________________ (creditor).

The undersigned parties agree that the debt owed by the parties to ___________________ (creditor) is to be disposed of as follows (check one):

___ The debt is the joint responsibility of the parties, with payment to be made on the following terms: ______________________________________________________

______________________________________________________________

______________________________________________________________

___ The balance of the debt is the sole responsibility of ________________________ and the creditor releases ___________________ from any further liability for that debt, with payment to be made on the following terms: ______________________________________________________________

______________________________________________________________

______________________________________________________________

___ The debt has been paid in full as of this date.

We the undersigned acknowledge this agreement.

Dated: _______________________________________

______________________________   _____________________________

Debtor                        Debtor

_________________________________

Creditor’s representative

Subscribed and sworn to before me this _____ day of ________, _____.

________________________________

Notary Public

L. If the parties are not able to agree to a joint debt distribution plan pursuant to subsection J of this section, the court may order each party to submit a proposed debt distribution plan to the court.  In its orders relating to the division of property, the court shall reflect the debt distribution plan approved by the court and shall confirm that any community debts that are made the sole responsibility of one of the parties by agreement with a creditor are the sole responsibility of that party.

M. An agreement with a creditor pursuant to subsection K of this section that assigns or otherwise modifies repayment responsibility for community debts secured by real property located in this state shall include all of the following:

1. A legal description of the real property.

2. A copy of the note and recorded security instrument, the repayment of which is to be assigned or modified by the agreement with a creditor.

3. A written and notarized acknowledgment that is executed by all parties to the debt, including the lender, and that states one of the following:

(a) The terms for the repayment of the debt remain unchanged.

(b) The terms for the repayment of the debt have been modified and, beginning on the date of the execution of the acknowledgment, the creditor has agreed that one of the debtors assumes the sole responsibility for the debt and that the other debtor is released from any further liability on the debt.

(c) The debt is paid in full and all parties to the debt are released from any further liability.

N. An agreement executed pursuant to subsection M of this section shall be recorded by either party in the county in which the real property is located.

O. After an agreement is recorded pursuant to subsection N of this section, either party may request that on payment of the title company's fees for the document a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property.

P. If a party fails to comply with an order to pay debts, the court may enter orders transferring property of that spouse to compensate the other party. If the court finds that a party is in contempt as to an order to pay community debts, the court may impose appropriate sanctions under the law. A party must bring an action to enforce an order to pay a debt pursuant to this subsection within two years after the date in which the debt should have been paid in full.

Q. Within thirty days after receipt of a written request for information from a spouse who is a party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, a creditor shall provide the balance and account status of any debts of either or both spouses identified by account number for which the requesting spouse may be liable to the creditor.

R. If any part of the court's division of joint, common or community property is in the nature of child support or spousal maintenance, the court shall make specific findings of fact and supporting conclusions of law in its decree.
A.R.S. § 25-315 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 315
25-315 Preliminary injunction; effect
Status: in_force

25-315. Preliminary injunction; effect

A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction in the following manner:

1. The preliminary injunction shall be directed to each party to the action and contain the following orders:

(a) That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court.

(b) That both parties are enjoined from:

(i) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.

(ii) Removing any natural or adopted child of the parties then residing in Arizona from this state without the prior written consent of the parties or the permission of the court.

(iii) Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance.

(c) That both parties shall maintain all insurance coverage in full force and effect.

2. The preliminary injunction shall include the following statement:

Warning

This is an official court order. If you disobey this order the court may find you in contempt of court. You may also be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

You or your spouse may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person that brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse.

This court order is effective until a final decree of dissolution, legal separation or annulment is filed or the action is dismissed.

B. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order. The order remains effective until further order of the court or the entry of a decree of dissolution, legal separation or annulment.

C. At the time of filing the petition for dissolution, legal separation or annulment, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for dissolution, legal separation or annulment. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for dissolution, legal separation or annulment. The petitioner shall cause a copy of the preliminary injunction to be served on the respondent with a copy of the summons and petition for dissolution, legal separation or annulment.

D. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.

E. In a proceeding for dissolution of marriage, for legal separation, for annulment or for maintenance or support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, either party may move for an order for equal possession of the liquid assets of the marital property, temporary maintenance or temporary support of a child, natural or adopted, common to the parties entitled to support. The court shall provide for an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution or legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets. The court's division of liquid assets held by financial institutions does not invalidate applicable law or any provision of an account agreement that assesses penalties against the account holder for premature or unscheduled withdrawals of account funds. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested and, if appropriate, the liquid assets of the parties. An order for equal possession of the liquid assets of the marital property does not prejudice any final division of the marital community. This subsection does not eliminate the application of the preliminary injunction.

F. A person who disobeys or resists an injunction issued pursuant to subsection A, paragraph 1, subdivision (b) of this section is subject to arrest and prosecution for interference with judicial proceedings pursuant to section 13-2810 and the following procedures apply:

1. Any party may cause a certified copy of the injunction and return of service on the other party to be registered with the sheriff having jurisdiction of the area in which the party resides. The party originally registering the injunction shall register any changes or modifications of the injunction with the sheriff. For enforcement by arrest and prosecution for interference with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final decree of dissolution, legal separation or annulment is entered or the action for dissolution or legal separation is dismissed.

2. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether such offense was committed within or without the presence of the peace officer. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to arrests made pursuant to this subsection.

3. A peace officer making an arrest pursuant to this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.

4. A person who is arrested pursuant to this subsection may be released from custody in accordance with the rules of criminal procedure or other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.
A.R.S. § 25-808 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 808
25-808 Preliminary injunction; temporary restraining order; effect
Status: in_force

25-808. Preliminary injunction; temporary restraining order; effect

A. In an action to establish legal decision-making and parenting time for a child who was born out of wedlock, the clerk of the court shall issue, pursuant to an order of the superior court, a preliminary injunction that is directed to each party to the action if the petitioner has filed one of the following:

1. A copy of the birth certificate that lists the father as parent.

2. An affidavit or acknowledgement signed by the father admitting paternity.

3. An adoption order listing both parties as parents.

4. A court order establishing paternity.

B. The preliminary injunction shall contain the following orders:

1. That both parties are enjoined from all of the following:

(a) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.

(b) Removing any natural or adopted child of the parties then residing in this state from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.

(c) Removing or causing to be removed any child of the parties from any existing insurance coverage, including medical, hospital, dental, automobile or disability insurance.

2. That both parties maintain all insurance coverage in full force and effect.

C. The preliminary injunction prescribed in subsection A of this section shall include the following statement:

Warning

This is an official court order.  If you disobey this order the court may find you in contempt of court.  You may also be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.  You or the other party may file a certified copy of this order with your local law enforcement agency.  A certified copy may be obtained from the clerk of the court that issued this order.  If you are the person who brought this action, you must also file evidence with the law enforcement agency that this order was served on the other party.  This court order is effective until a final order of paternity, legal decision-making or parenting time is filed or the action is dismissed.

D. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner.  If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order.  The order remains effective until further order of the court or the entry of paternity, legal decision-making or parenting time.

E. At the time of filing the petition for paternity, legal decision-making or parenting time, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for paternity, legal decision-making or parenting time. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for paternity, legal decision-making or parenting time. The petitioner shall cause a copy of the preliminary injunction to be served on the respondent with a copy of the summons and petition for paternity, legal decision-making or parenting time.

F. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.

G. The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed. A bond is not required unless the court deems it appropriate.

H. A temporary order or preliminary injunction:

1. Does not prejudice the rights of the parties or of any child that are to be adjudicated at the subsequent hearings in the proceeding.

2. May be revoked or modified before the final decree on a showing by affidavit of the facts necessary for revocation or modification of a final decree.

3. Terminates when the final order is entered or when the petition is dismissed.

I. A person who disobeys or resists a preliminary injunction in violation of subsection B, paragraph 1 of this section is subject to arrest and prosecution for interference with judicial proceedings pursuant to section 13-2810 and the following procedures apply:

1. Any party may cause a certified copy of the injunction and return of service on the other party to be registered with the sheriff having jurisdiction of the area in which the party resides.  The party originally registering the injunction shall register any changes or modifications of the injunction with the sheriff.  For enforcement by arrest and prosecution for interference with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final order is entered or the action is dismissed.

2. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer.  The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this paragraph.

3. A peace officer making an arrest pursuant to paragraph 2 of this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.

4. A person arrested pursuant to paragraph 2 of this subsection may be released from custody in accordance with the Arizona rules of criminal procedure or other applicable statute.  An order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

5. The remedies provided in this subsection for enforcement of the preliminary injunction are in addition to any other civil or criminal remedies available, including civil contempt of court.  The use of one remedy does not prevent the simultaneous or subsequent use of any other remedy.
A.R.S. § 25-320 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 320
25-320 Child support; factors; methods of payment; additional enforcement provisions; definitions
Status: in_force

25-320. Child support; factors; methods of payment; additional enforcement provisions; definitions

A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct.

B. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law.

C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid.

D. The supreme court shall establish guidelines for determining the amount of child support.  The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case.  The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, considered together and weighed in conjunction with each other, including:

1. The financial resources and needs of the child.

2. The financial resources and needs of the custodial parent.

3. The standard of living the child would have enjoyed if the child lived in an intact home with both parents to the extent it is economically feasible considering the resources of each parent and each parent's need to maintain a home and to provide support for the child when the child is with that parent.

4. The physical and emotional condition of the child, and the child's educational needs.

5. The financial resources and needs of the noncustodial parent.

6. The medical support plan for the child.  The plan should include the child's medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary.

7. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

8. The duration of parenting time and related expenses.

E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

1. The court has considered the factors prescribed in subsection D of this section.

2. The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting.

3. The child's disability began before the child reached the age of majority.

F. 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 during the period in which 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 subsection E of this section.  Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.

G. If a personal check for support payments and handling fees is rightfully dishonored by the payor bank or other drawee, the person obligated to pay support shall make any subsequent support payments and handling fees only by cash, money order, cashier's check, traveler's check or certified check.  If a person required to pay support other than by personal check demonstrates full and timely payment for twenty-four consecutive months, that person may pay support by personal check if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee.

H. Subsection G of this section does not apply to payments made by means of an assignment.

I. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not deliver further payments and shall return the payments to the obligor consistent with the requirements of section 25-503.

J. An order for child support shall assign responsibility for providing medical insurance for the child who is the subject of the support order to one of the parents and shall assign responsibility for the payment of any medical costs of the child that are not covered by insurance according to the child support guidelines.  Each parent shall provide information to the court regarding the availability of medical insurance for the child that is accessible and available at a reasonable cost.  In title IV-D cases, the parent responsible pursuant to court order for providing medical insurance for the child shall notify the child support enforcement agency in the department of economic security if medical insurance has been obtained or if the child is no longer covered under an insurance plan.

K. If the court finds that neither parent has the ability to obtain medical insurance for the child that is accessible and available at a reasonable cost, the court shall:

1. In a title IV-D case, in accordance with established title IV-D criteria, establish a reasonable monthly cash medical support order to be paid by the obligor.  If medical assistance is being provided to a child under title XIX of the social security act, cash medical support is assigned to the state pursuant to section 46-407.  On verification that the obligor has obtained private insurance, the cash medical support order terminates by operation of law on the first day of the month after the policy's effective date or on the date the court, or the department in a title IV-D case, is notified that insurance has been obtained, whichever is later.  If the private insurance terminates, the cash medical support order automatically resumes by operation of law on the first day of the month following the termination date of the policy.

2. Order one parent to provide medical insurance when it becomes accessible and available at a reasonable cost.

3. Order that medical costs in excess of the cash medical support amount shall be paid by each parent according to the percentage assigned for payment of uninsured costs.

L. In a title IV-D case, if the court orders the noncustodial parent to obtain medical insurance the court shall also set an alternative cash medical support order to be paid by that parent if the child is not covered under an insurance plan within ninety days after entry of the order or if the child is no longer covered by insurance.  The court shall not order the custodial parent to pay cash medical support.

M. In title IV-D cases the superior court shall accept for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted.

N. The court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher.  This presumption does not apply to noncustodial parents who are under eighteen years of age and who are attending high school.

O. An order for support shall provide for an assignment pursuant to sections 25-504 and 25-323.

P. Each licensing board or agency that issues professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders.  This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact.

Q. The factors prescribed pursuant to subsection D of this section are stated for direction to the supreme court.  Except pursuant to subsection E of this section and sections 25-501 and 25-809, the superior court shall not consider the factors when making child support orders, independent of the child support guidelines.

R. For the purposes of this section:

1. "Accessible" means that insurance is available in the geographic region where the child resides.

2. "Child support guidelines" means the child support guidelines that are adopted by the state supreme court pursuant to 42 United States Code sections 651 through 669B.

3. "Date of separation" means the date the married parents ceased to cohabit.

4. "Reasonable cost" means an amount that does not exceed the higher of five per cent of the gross income of the obligated parent or an income-based numeric standard that is prescribed in the child support guidelines.

5. "Support" has the same meaning prescribed in section 25-500.

6. "Support payments" means the amount of money ordered by the court to be paid for the support of the minor child or children.
A.R.S. § 25-818 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 818
25-818 Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements
Status: in_force

25-818. Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements

A. The department of economic security shall maintain a paternity case registry for this state.  Public and private entities that obtain or receive a voluntary acknowledgment of paternity shall promptly transmit the original signed and completed acknowledgment to the department of economic security. This requirement does not apply to the superior court.

B. The department of economic security may dispose of an original voluntary acknowledgment of paternity not sooner than one year after the date of the last signature on the acknowledgment and only after it makes an electronic copy of the original acknowledgment.

C. The clerk of the superior court shall transmit a copy of each order of paternity or maternity to the department of economic security.

D. The department of economic security shall maintain automated records regarding the parents and any child whose name is stated in a voluntary acknowledgment of paternity or an order of paternity or maternity.

E. The clerk of the superior court, the department of economic security and the department of health services shall cooperate to ensure that the state registrar of vital records receives a copy of a voluntary acknowledgment of paternity or order of paternity or maternity relating to any child born in this state.
A.R.S. § 25-211 — Arizona Code / Title 25 / Chapter 2 / Article 2 / Section 211
25-211 Property acquired during marriage as community property; exceptions; effect of service of a petition
Status: in_force

25-211. Property acquired during marriage as community property; exceptions; effect of service of a petition

A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is:

1. Acquired by gift, devise or descent.

2. Acquired 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.

B. Notwithstanding subsection A, paragraph 2, service of a petition for dissolution of marriage, legal separation or annulment does not:

1. Alter the status of preexisting community property.

2. Change the status of community property used to acquire new property or the status of that new property as community property.

3. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision (a).
A.R.S. § 25-1314 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1314
25-1314 Notice to issuing tribunal of modification
Status: in_force

25-1314. Notice to issuing tribunal of modification

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party that obtains the order and 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 modified order of the new tribunal of continuing, exclusive jurisdiction.
A.R.S. § 25-1230 — Arizona Code / Title 25 / Chapter 9 / Article 2 / Section 1230
25-1230 Application of chapter to nonresident subject to personal jurisdiction
Status: in_force

25-1230. Application of chapter to nonresident subject to personal jurisdiction

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter or other laws of this state relating to a support order, or recognizing a foreign support order, may receive evidence from outside this state pursuant to section 25-1256, communicate with a tribunal outside this state pursuant to section 25-1257 and obtain discovery through a tribunal outside this state pursuant to section 25-1258.  In all other respects, articles 3, 4, 5 and 6 of this chapter do not apply and the tribunal shall apply the procedural and substantive law of this state.
A.R.S. § 25-330 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 330
25-330 Employer cooperation
Status: in_force

25-330. Employer cooperation

Either party to an order for support or maintenance or an agency that has obtained a judgment in its favor in a paternity action or an action to establish child support may request information from an employer, payor or self-employed person pursuant to section 25-513.
A.R.S. § 25-381.15 — Arizona Code / Title 25 / Chapter 3 / Article 7 / Section 381.15
25-381.15 Time and place of holding hearings
Status: in_force

25-381.15. Time and place of holding hearings

Hearings pursuant to this article may be held at any time and place within the county, and may be held in chambers or otherwise, except that the time and place for hearing shall not be different from the time and place provided by law for the trial of civil actions if any party, prior to the hearing, objects to any different time or place.
A.R.S. § 25-1333 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1333
25-1333 Relationship of department of economic security to United States central authority
Status: in_force

25-1333. Relationship of department of economic security to United States central authority

The department of economic security is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
A.R.S. § 25-416 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 416
25-416 Sexual assault conviction; effect on rights
Status: in_force

25-416. Sexual assault conviction; effect on rights

If a person has been convicted of sexual assault under section 13-1406 and the sexual assault led to the birth of a child, the convicted person has none of the rights prescribed in this chapter related to legal decision-making or parenting time in regard to the child.
A.R.S. § 25-403.09 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 403.09
25-403.09 Child support
Status: in_force

25-403.09. Child support

A. For any parenting time order entered under this article, the court shall determine an amount of child support in accordance with section 25-320 and guidelines established pursuant to that section.

B. An award of joint legal decision-making or a substantially equal parenting time plan does not diminish the responsibility of either parent to provide for the support of the child.
A.R.S. § 25-1283 — Arizona Code / Title 25 / Chapter 9 / Article 5 / Section 1283
25-1283 Employer's compliance with two or more income withholding orders
Status: in_force

25-1283. Employer's compliance with two or more income withholding orders

If the obligor's employer receives two or more orders to withhold support from the earnings, income, entitlements or other monies of the same obligor, the employer is deemed to have satisfied the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
A.R.S. § 25-520 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 520
25-520 Child support enforcement; administrative subpoena; civil penalty
Status: in_force

25-520. Child support enforcement; administrative subpoena; civil penalty

A. In a title IV-D case the department or its agent may issue a subpoena to a person or entity believed to have information needed for the establishment of paternity or the establishment, modification or enforcement of a child support order, requiring appearance before the department or its agent and the production of all records or documents related to an investigation or child support proceeding.

B. The subpoena shall be served in the manner provided under applicable law or rules of procedure for the service of subpoenas in a civil action.

C. A person or entity that, without reasonable cause, fails to comply with the subpoena or that wilfully gives false information is subject to a civil penalty of not more than two hundred fifty dollars for each violation.

D. A civil penalty imposed by the department pursuant to subsection C of this section is subject to court review if the person or entity requests a review within fifteen business days after the department imposes the penalty.

E. A civil penalty imposed by the department on an obligor pursuant to this section may be referred to credit reporting agencies for up to seven years after the date of the order that imposed the penalty or until collected. The department shall not take this action until the time for a court review pursuant to subsection D of this section has elapsed.

F. A civil penalty imposed by the department operates as a final judgment without further action by the department. The department may collect the penalty through all available civil remedies. A civil judgment accrues interest pursuant to section 44-1201.

G. The department shall deposit, pursuant to sections 35-146 and 35-147, monies collected under this section in the state general fund.
A.R.S. § 25-1340 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1340
25-1340 Foreign support agreement
Status: in_force

25-1340. Foreign support agreement

A. Except as provided in subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

B. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by both of the following:

1. A complete text of the foreign support agreement.

2. A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds any of the following:

1. Recognition and enforcement of the agreement is manifestly incompatible with public policy.

2. The agreement was obtained by fraud or falsification.

3. The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state.

4. The record submitted under subsection B of this section lacks authenticity or integrity.

E. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
A.R.S. § 25-405 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 405
25-405 Interviews by court; professional assistance
Status: in_force

25-405. Interviews by court; professional assistance

A. The court may interview the child in chambers to ascertain the child's wishes as to the child's custodian and as to parenting time.

B. The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in writing and shall be made available by the court to counsel, on request, under such terms as the court determines. Counsel may examine as a witness any professional personnel consulted by the court, unless that right is waived.
A.R.S. § 25-531 — Arizona Code / Title 25 / Chapter 5 / Article 2 / Section 531
25-531 Definitions
Status: in_force

25-531. Definitions

In this article, unless the context otherwise requires:

1. "Court or administrative order" means a court or administrative agency ruling that requires a parent to provide support for that parent's child.

2. "Health insurance coverage" means fee for service, health maintenance organization, preferred provider organization and other types of coverage under which medical services could be provided to the dependent children of a noncustodial parent.

3. "State IV-D agency" means the department or any other agency that is authorized to administer services of the child support enforcement program pursuant to the requirements of title IV-D of the social security act.
A.R.S. § 25-1501 — Arizona Code / Title 25 / Chapter 11 / Article 1 / Section 1501
25-1501 Alleged incapacitated person; guardian ad litem
Status: in_force

25-1501. Alleged incapacitated person; guardian ad litem

A. In a proceeding filed pursuant to this title, if the court finds that there is reasonable cause to believe that an adult party is or may be an incapacitated person as defined in section 14-5101 or is a person in need of protection pursuant to section 14-5401 and that the party is or may be in need of guardianship or conservatorship, or both, the court may appoint a guardian ad litem to conduct an investigation concerning the need for a guardian or conservator, or both. After conducting the investigation, if deemed appropriate the guardian ad litem may initiate and prosecute proceedings under chapter 5 of title 14 for the appointment of a guardian, a conservator, or both for the adult party.

B. If deemed necessary to adequately assess the capacity of an adult party to a pending proceeding pursuant to this title, on the request of the guardian ad litem or on the court's own motion the court may order an independent evaluation by a licensed physician who is competent to perform such an evaluation.

C. A guardian ad litem appointed by the court and any evaluator designated by the court to evaluate the capacity of an adult party to the proceedings pursuant to this section may receive reasonable compensation for the work performed by the guardian ad litem or evaluator.  The reasonable fees and costs of the guardian ad litem and any evaluator appointed shall be paid for by the person alleged to be incapacitated or in need of protection or paid from an appropriate available marital community property fund or asset. If the court determines that the person who is alleged to be incapacitated or in need of protection has insufficient monies to pay the total cost of the fees and costs of a guardian ad litem or evaluator or that there are insufficient available community monies or assets to pay these fees and costs, the court may order all or any part of the fees or costs to be a county expense after determining the reasonableness of the fees or costs.

D. The supreme court shall adopt appropriate rules to govern the appointment of a guardian ad litem in proceedings under this title.
A.R.S. § 25-319 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 319
25-319 Maintenance; guidelines; computation factors
Status: in_force

25-319. Maintenance; guidelines; computation factors

A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs.

2. Lacks earning ability in the labor market that is adequate to be self-sufficient.

3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home.

4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse.

5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

B. The supreme court shall establish guidelines for determining and awarding spousal maintenance. The court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient. The amount of spousal maintenance resulting from the application of the guidelines shall be the amount of spousal maintenance ordered by the court, unless the court finds in writing that applying the guidelines would be inappropriate or unjust. The supreme court shall base the guidelines and criteria for deviation from the guidelines on the following relevant factors listed in paragraphs 1 through 13 of this subsection and considered together and weighed in conjunction with each other:

1. The standard of living established during the marriage.

2. The duration of the marriage.

3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.

4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.

5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.

6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.

7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.

8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.

9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.

10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.

11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.

13. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

C. A maintenance order shall be made without regard to marital misconduct.

D. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified.

E. Except as provided in subsection D of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.
A.R.S. § 25-415 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 415
25-415 Sanctions for litigation misconduct
Status: in_force

25-415. Sanctions for litigation misconduct

A. The court shall sanction a litigant for costs and reasonable attorney fees incurred by an adverse party if the court finds that the litigant has done any one or more of the following:

1. Knowingly presented a false claim under section 25-403, 25-403.03 or 25-403.04 with knowledge that the claim was false.

2. Knowingly accused an adverse party of making a false claim under section 25-403, 25-403.03 or 25-403.04 with knowledge that the claim was actually true.

3. Violated a court order compelling disclosure or discovery under rule 65 of the Arizona rules of family law procedure, unless the court finds that the failure to obey the order was substantially justified or that other circumstances make an award of expenses unjust.

B. If the court makes a finding against any litigant under subsection A of this section, it may also:

1. Impose additional financial sanctions on behalf of an aggrieved party who can demonstrate economic loss directly attributable to the litigant's misconduct.

2. Institute civil contempt proceedings on its own initiative or on request of an aggrieved party, with proper notice and an opportunity to be heard.

3. Modify legal decision-making or parenting time if that modification would also serve the best interests of the child.

C. For the purposes of this section, a false claim does not mean a claim that is merely unsubstantiated.

D. This section does not prevent the court from awarding costs and attorney fees or imposing other sanctions if authorized elsewhere by state or federal law.
A.R.S. § 25-213 — Arizona Code / Title 25 / Chapter 2 / Article 2 / Section 213
25-213 Separate property
Status: in_force

25-213. Separate property

A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.

B. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment.

C. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.

D. A contribution to an irrevocable trust that has or will have as its principal asset life insurance on the person making the contribution is a contribution of the insured's separate property if the spouse of the insured is the primary beneficiary of the trust.
A.R.S. § 25-1343 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1343
25-1343 Record in original language; English translation
Status: in_force

25-1343. Record in original language; English translation

A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation.
A.R.S. § 25-126 — Arizona Code / Title 25 / Chapter 1 / Article 3 / Section 126
25-126 Application to justice of the peace for marriage and covenant marriage licenses; issuance; violation; classification
Status: in_force

25-126. Application to justice of the peace for marriage and covenant marriage licenses; issuance; violation; classification

A. A justice of the peace whose office is located five miles or more from the county seat of the county in which the office is located may be designated by the clerk of the superior court to receive applications for and issue marriage licenses in that county, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The applications for a marriage license shall be made on forms conforming to section 25-121, which shall be provided by the clerk of the superior court.

B. If requested by the justice of the peace designated pursuant to subsection A of this section, the clerk of the superior court shall issue in blank licenses as requested and charge them against the justice of the peace. A justice of the peace who has possession of marriage license forms as provided in this section shall account for these forms as required by the clerk of the superior court.

C. The justice of the peace designated pursuant to subsection A of this section shall report to the clerk the issuance of each license and shall transmit the fee prescribed by section 12-284 at the same time. Intentional failure to transmit the report and fee or the use of the authority granted by this section by the justice of the peace for personal gain is a class 2 misdemeanor.
A.R.S. § 25-1241 — Arizona Code / Title 25 / Chapter 9 / Article 3 / Section 1241
25-1241 Proceedings under this chapter
Status: in_force

25-1241. Proceedings under this chapter

A. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.

B. An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
A.R.S. § 25-551 — Arizona Code / Title 25 / Chapter 5 / Article 3 / Section 551
25-551 Clerk of the court
Status: in_force

25-551. Clerk of the court

The clerk of the court may provide services to assist a person to collect spousal maintenance.  These services may include providing information regarding collection and enforcement procedures, intercepting a taxpayer's state income tax refund for collection purposes, providing assistance in the preparation of forms and instructions necessary to initiate an enforcement action and providing information and referrals regarding services related to spousal maintenance and debt collection and enforcement.
A.R.S. § 25-1361 — Arizona Code / Title 25 / Chapter 9 / Article 8 / Section 1361
25-1361 Grounds for rendition
Status: in_force

25-1361. Grounds for rendition

A. The governor of this state may:

1. Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee.

2. On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

B. A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.
A.R.S. § 25-124 — Arizona Code / Title 25 / Chapter 1 / Article 3 / Section 124
25-124 Persons authorized to perform marriage ceremony; definition
Status: in_force

25-124. Persons authorized to perform marriage ceremony; definition

A. The following are authorized to solemnize marriages between persons who are authorized to marry:

1. Duly licensed or ordained clergymen.

2. Judges of courts of record.

3. Municipal court judges.

4. Justices of the peace.

5. Justices of the United States supreme court.

6. Judges of courts of appeals, district courts and courts that are created by an act of Congress if the judges are entitled to hold office during good behavior.

7. Bankruptcy court and tax court judges.

8. United States magistrate judges.

9. Judges of the Arizona court of military appeals.

B. For the purposes of this section, "licensed or ordained clergymen" includes ministers, elders or other persons who by the customs, rules and regulations of a religious society or sect are authorized or permitted to solemnize marriages or to officiate at marriage ceremonies.
A.R.S. § 25-518 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 518
25-518 Child support arrearage; license suspension; hearing
Status: in_force

25-518. Child support arrearage; license suspension; hearing

A. If a court finds from the evidence presented at a hearing to enforce a child support order that the obligor has wilfully failed to pay child support, continues after notice pursuant to section 25-517, subsection A to wilfully fail to pay child support and is at least six months in arrears, the court shall do either of the following:

1. Send a certificate of noncompliance to the board or agency ordering the suspension or denial of a driver license or recreational license.

2. Send a certificate of noncompliance to the department of transportation that the noncommercial driver license of the obligor be restricted to travel as described in section 28-144.

B. To be eligible for a restricted license pursuant to subsection A, paragraph 2 of this section, the obligor must do all of the following:

1. Be employed for at least thirty hours per week.

2. Have a place of employment or attend a school that is located more than one mile from the obligor's place of residence.

3. Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner.

4. Enter into a payment plan with the department of economic security to pay the child support arrearage.  If the court finds that the obligor is not in compliance with the agreement at any time, the obligor is subject to license suspension pursuant to this section.

C. If the obligor has complied with the support order since the suspension or denial, the obligor may petition the court for a hearing.  If the obligor establishes at the review hearing that the obligor is in compliance with the support order or a court ordered plan for payment of arrearages, the court shall send a certificate of compliance to the board or agency.  Except for licenses issued under title 17, the obligor may then apply for license reinstatement and shall pay all applicable fees.

D. In a title IV-D case, the department or its agent may file with the clerk of the superior court an affidavit indicating that the obligor is in compliance with the support order or the child support obligation. Within five business days after the affidavit is filed, the clerk shall send a notice of compliance to the obligor by first class mail. The clerk shall send a copy of the notice of compliance to the department and the licensing board or agency.

E. Except for licenses issued under title 17, the board or agency shall suspend or deny the license of the licensee within thirty days after receiving the notice of noncompliance from the court. The board or agency shall not lift the suspension until the board or agency receives a certificate of compliance from the court. Notwithstanding section 41-1064, subsection C and section 41-1092.11, subsection B, the board or agency is not required to conduct a hearing.  The board or agency shall notify the department in writing or by any other means prescribed by the department of all suspensions within ten days after the suspension.  The information shall include the name, address, date of birth and social security number of the licensee and the license category.

F. A certificate of noncompliance without further action invalidates a license to take wildlife in this state and prohibits the obligor from applying for a license issued by an automated drawing system under title 17. The court shall send a copy of the certificate of noncompliance to the department of economic security, and the department of economic security shall notify the Arizona game and fish department of all obligors against whom a notice of noncompliance has been issued and who have applied for a license issued by an automated drawing system.

G. Notwithstanding this section, the title IV-D agency or its agent may send a certificate of noncompliance to a board or agency to order it to suspend an obligor's professional or occupational license if the obligor:

1. Has wilfully failed to pay child support, continues after notice pursuant to section 25-517, subsection E to wilfully fail to pay child support and is at least six months in arrears.

2. Requested an administrative review and the determination confirms that the obligor is required to pay child support and has wilfully failed to pay and that either the obligor did not request a hearing on the determination or the determination was upheld after a hearing.

3. Failed to respond to the notice pursuant to section 25-517, subsection E.

H. If the obligor has paid all arrearages or if the obligor has entered into a written agreement with the title IV-D agency or its agent, the title IV-D agency shall issue a notice of compliance to the licensing board or agency.
A.R.S. § 25-130 — Arizona Code / Title 25 / Chapter 1 / Article 3 / Section 130
25-130 Abstract of marriage in lieu of reproducing marriage license
Status: in_force

25-130. Abstract of marriage in lieu of reproducing marriage license

The clerk of the superior court may produce an abstract of marriage in lieu of a reproduction of the recorded marriage license.  An abstract of marriage shall include the legal name of the bride prior to the marriage, the name of the groom, the date of the marriage and the date on which the marriage license was recorded.
A.R.S. § 25-1306 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1306
25-1306 Procedure to contest validity or enforcement of registered support order
Status: in_force

25-1306. Procedure to contest validity or enforcement of registered support order

A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 25-1305. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 25-1307.

B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for a hearing and give notice to the parties by first class mail of the date, time and place of the hearing.
A.R.S. § 25-1231 — Arizona Code / Title 25 / Chapter 9 / Article 2 / Section 1231
25-1231 Continuing, exclusive jurisdiction to modify spousal support order
Status: in_force

25-1231. Continuing, exclusive jurisdiction to modify spousal support order

A. A tribunal of this state issuing a spousal support order consistent with the laws of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

B. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the laws of that state or foreign country.

C. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as either:

1. An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.

2. A responding tribunal to enforce or modify its own spousal support order.
A.R.S. § 25-1055 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1055
25-1055 Registration of child custody determination
Status: in_force

25-1055. Registration of child custody determination

A. A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state all of the following:

1. A letter or another document requesting registration.

2. Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified.

3. Except as otherwise provided in section 25-1039, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

B. On receipt of the documents required by subsection A of this section, the registering court shall:

1. Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.

2. Serve notice on the persons named pursuant to subsection A, paragraph 3 of this section and provide them with an opportunity to contest the registration in accordance with this section.

C. The notice required by subsection B, paragraph 2 of this section must state that:

1. A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state.

2. A hearing to contest the validity of the registered determination must be requested within twenty days after service of notice.

3. Failure to contest the registration shall result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

D. A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice.  At that hearing, the court shall confirm the registered order unless the person contesting registration establishes any of the following:

1. The issuing court did not have jurisdiction under article 2 of this chapter.

2. The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter.

3. The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 25-1008, in the proceedings before the court that issued the order for which registration is sought.

E. If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

F. Confirmation of a registered 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. § 25-1052 — Arizona Code / Title 25 / Chapter 8 / Article 3 / Section 1052
25-1052 Enforcement under Hague convention
Status: in_force

25-1052. Enforcement under Hague convention

Under this article a court of this state may enforce an order for the return of the child made under the Hague convention on the civil aspects of international child abduction as if it were a child custody determination.
A.R.S. § 25-1301 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1301
25-1301 Registration of order for enforcement
Status: in_force

25-1301. Registration of order for enforcement

A support order or an income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
A.R.S. § 25-1305 — Arizona Code / Title 25 / Chapter 9 / Article 6 / Section 1305
25-1305 Notice of registration of order
Status: in_force

25-1305. Notice of registration of order

A. When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. Notice shall be given by first class or registered mail or by any means of personal service authorized by the law of this state. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

B. A notice shall inform the nonregistering party:

1. That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.

2. That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after the date of mailing or personal service of the notice, unless the registered order is under section 25-1337.

3. That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.

4. Of the amount of any alleged arrearages.

C. If the registering party asserts that two or more orders are in effect, a notice must also:

1. Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any.

2. Notify the nonregistering party of the right to a determination of which is the controlling order.

3. State that the procedures provided in subsection B of this section apply to the determination of which is the controlling order.

4. State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

D. On registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall serve the obligor's employer with a wage assignment subject to the provisions of section 25-504 or 25-506.
A.R.S. § 25-530 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 530
25-530 Spousal maintenance; veterans disability benefits; definition
Status: in_force

25-530. Spousal maintenance; veterans disability benefits; definition

A. In determining whether to award spousal maintenance or the amount of any award of spousal maintenance to a requesting party, the court shall not consider any federal disability benefits awarded to the other spouse for service-connected disabilities pursuant to 10 United States Code section 1413a or 38 United States Code chapter 11.

B. For the purposes of this section, "requesting party" means the person who filed a motion for spousal maintenance.
A.R.S. § 25-1331 — Arizona Code / Title 25 / Chapter 9 / Article 7 / Section 1331
25-1331 Definitions
Status: in_force

25-1331. Definitions

In this article:

1. "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

2. "Central authority" means the entity designated by the United States or a foreign country described in section 25-1202, paragraph 5, subdivision (d) to perform the functions specified in the convention.

3. "Convention support order" means a support order of a tribunal of a foreign country described in section 25-1202, paragraph 5, subdivision (d).

4. "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.

5. "Foreign central authority" means the entity designated by a foreign country described in section 25-1202 to perform the functions specified in the convention.

6. "Foreign support agreement":

(a) Means an agreement for support in a record to which all of the following apply:

(i) It is enforceable as a support order in the country of origin.

(ii) It has been formally drawn up or registered as an authentic instrument by a foreign tribunal or authenticated by, or concluded, registered or filed with, a foreign tribunal.

(iii) It may be reviewed and modified by a foreign tribunal.

(b) Includes a maintenance arrangement or authentic instrument under the convention.

7. "United States central authority" means the secretary of the United States department of health and human services.
A.R.S. § 25-812 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 812
25-812 Voluntary acknowledgment of paternity; action to overcome paternity
Status: in_force

25-812. Voluntary acknowledgment of paternity; action to overcome paternity

A. This state or the parent of a child born out of wedlock may establish the paternity of a child by filing one of the following with the clerk of the superior court, the department of economic security or the department of health services:

1. A notarized or witnessed statement that contains the social security numbers of both parents and that is signed by both parents acknowledging paternity or two separate substantially similar notarized or witnessed statements acknowledging paternity. If the voluntary acknowledgment is filed with the court, the filing party must redact any social security numbers and file them separately pursuant to section 25-501, subsection G.  If another man is presumed to be the child's father pursuant to section 25-814, an acknowledgment of paternity is valid only with the presumed father's written consent or as prescribed pursuant to section 25-814. A statement that is witnessed by an employee of the department of economic security or the department of health services or by an employee of a hospital must contain the printed name and residential or business address of the witness.  A statement that is witnessed by any other person must contain the printed name and residential address of the witness. If the acknowledgment of paternity is witnessed, the witness must be an adult who is not related to either parent by blood or by marriage.

2. An agreement by the parents to be bound by the results of genetic testing including any genetic test previously accepted by a court of competent jurisdiction, or any combination of genetic testing agreed to by the parties, and an affidavit from a certified laboratory that the tested father has not been excluded.

B. On filing a document required in subsection A of this section with the clerk of the superior court, the clerk or authorized court personnel shall issue an order establishing paternity, which may amend the name of the child or children, if requested by the parents.  The clerk shall transmit a copy of the order of paternity to the department of health services and the department of economic security.

C. On entry of an order by the clerk of the superior court, the paternity determination has the same force and effect as a judgment of the superior court.  In a non-title IV-D case, the clerk shall transmit a copy of an order granted under this subsection to the state title IV-D agency. The case filing fee prescribed by section 12-284 shall not be charged to any person who, in the same county, initiates or responds to a proceeding to establish child support or to obtain an order for custody or parenting time within ninety days after an order establishing paternity is issued under subsection B of this section.

D. A voluntary acknowledgment of paternity executed pursuant to subsection A, paragraph 1 of this section may be filed with the department of economic security, which shall provide a copy to the department of health services.  A voluntary acknowledgment of paternity made pursuant to this section is a determination of paternity and has the same force and effect as a superior court judgment.

E. Pursuant to rule 85(c) of the Arizona rules of family law procedure, the mother, father or child, or a party to the proceeding on a rule 85(c) motion, may challenge a voluntary acknowledgment of paternity established in this state at any time after the sixty day period only on the basis of fraud, duress or material mistake of fact, with the burden of proof on the challenger and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment shall not be suspended during the challenge except for good cause shown.  The court shall order the mother, her child or children and the alleged father to submit to genetic testing and shall direct that appropriate testing procedures determine the inherited characteristics, including blood and tissue type.  If the court finds by clear and convincing evidence that the genetic tests demonstrate that the established father is not the biological father of the child, the court shall vacate the determination of paternity and terminate the obligation of that party to pay ongoing child support. An order vacating the determination of paternity operates prospectively only and does not alter the obligation to pay child support arrearages or, unless otherwise ordered by the court, any other amount previously ordered to be paid pursuant to section 25-809.

F. Before signing a voluntary acknowledgment of paternity pursuant to this section, the parties shall be provided notice of the alternatives to, the legal consequences of and the rights and responsibilities that arise from signing the acknowledgment.

G. The department of economic security shall notify the department of health services of all paternity determinations and rescissions.

H. The mother or the father may rescind the acknowledgment of paternity within the earlier of:

1. Sixty days after the last signature is affixed to the notarized acknowledgment of paternity that is filed with the department of economic security, the department of health services or the clerk of the court.

2. The date of a proceeding relating to the child, including a child support proceeding in which the mother or father is a party.

I. A rescission authorized pursuant to subsection H of this section must be in writing and a copy of each rescission of paternity shall be filed with the department of economic security. The department of economic security shall mail a copy of the rescission of paternity to the other parent and to the department of health services.

J. Voluntary acknowledgments of paternity and rescissions of paternity filed pursuant to this section shall contain data elements in accordance with the requirements of the United States secretary of health and human services.
A.R.S. § 25-815 — Arizona Code / Title 25 / Chapter 6 / Article 1 / Section 815
25-815 Paternity; full faith and credit
Status: in_force

25-815. Paternity; full faith and credit

If paternity has been established in another state by a court or administrative order or voluntary acknowledgment, the determination of paternity has the same force and effect in this state as if the determination of paternity was granted by a court in this state.
A.R.S. § 25-517 — Arizona Code / Title 25 / Chapter 5 / Article 1 / Section 517
25-517 License suspension; notice; administrative review or hearing
Status: in_force

25-517. License suspension; notice; administrative review or hearing

A. The department or its agent shall notify an obligor who is at least six months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support that the obligor may be referred to court for a hearing to suspend or deny the obligor's driver license or recreational license.  The department or its agent shall notify the obligor 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 has failed to pay child support, continues to do so and is at least six months in arrears in making child support payments.

2. The obligor may request in writing an administrative review conducted pursuant to section 25-522 to contest the matter within fifteen days from the date of mailing of the notice.

3. If the obligor requests an administrative review, the department or its agent shall stay the action to refer the obligor to court for the suspension or denial of the obligor's recreational or driver license.

4. If the obligor fails to respond to the notice, the department or its agent shall refer the obligor to court for license suspension or denial pursuant to section 25-518.

5. The address and telephone number of the department.

6. The obligor may request a copy of the child support order.

B. The obligor has the burden of showing that the failure to make support payments was not wilful.

C. If an obligor requests an administrative review pursuant to this section, the issues at the review are limited to whether the obligor is required to pay child support and has wilfully failed to pay.  The department or its agent shall not refer the obligor to court unless the department or its agent determines that the obligor is at least six months in arrears and has wilfully failed to pay.  The department or its agent shall make this decision in writing and shall provide a copy to the obligor.

D. If the department or its agent determines that the obligor is at least six months in arrears and has wilfully failed to pay, the department shall refer the obligor to court for license suspension pursuant to section 25-518.

E. Notwithstanding the requirements of this section, if an obligor is at least six months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support, the title IV-D agency or its agent may issue a notice to the obligor that the obligor's professional or occupational license may be suspended.  The title IV-D agency or its agent shall notify the obligor 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 that the obligor has failed to pay child support, continues to do so and is at least six months in arrears in making child support payments.  The notice shall also state that within fifteen days after the notice is mailed the obligor may make a written request for an administrative review pursuant to section 25-522 to contest the matter.

F. If the obligor does not respond to the notice prescribed in subsection E of this section, the title IV-D agency or its agent shall issue an administrative order of noncompliance to the board or agency to order the suspension of the obligor's professional or occupational license.  If the obligor requests an administrative review, the title IV-D agency or its agent shall stay further action until a determination has been made at the administrative review. The issues at the review are limited to whether the obligor is required to pay child support and has wilfully failed to pay. The department or its agent shall make this decision in writing and shall provide a copy to the obligor. If the obligor disagrees with the final determination, the obligor has a right to a hearing before the suspension of the obligor's professional or occupational license.  The title IV-D agency or its agent must receive a request for a hearing on the determination of noncompliance within fourteen days after the date of the determination.

G. The title IV-D agency or its agent shall notify the office of administrative hearings of a request for a hearing pursuant to subsection F of this section within five business days after receipt of the request. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10.  The obligor has the burden of showing that the failure to make support payments was not wilful.  The issues at the hearing are limited to whether the obligor is required to pay child support and has wilfully failed to pay. If the administrative law judge upholds the department's determination, the title IV-D agency or its agent shall issue an administrative order of noncompliance to the board or agency ordering it to suspend the obligor's professional or occupational license.
A.R.S. § 25-402 — Arizona Code / Title 25 / Chapter 4 / Article 1 / Section 402
25-402 Jurisdiction
Status: in_force

25-402. Jurisdiction

A. Before it conducts a proceeding concerning legal decision-making or parenting time, including a proceeding to determine the legal decision-making or visitation of a nonparent, a court in this state first must confirm its authority to do so to the exclusion of any other state, Indian tribe or foreign nation by complying with the uniform child custody jurisdiction and enforcement act, the parental kidnapping prevention act and any applicable international law concerning the wrongful abduction or removal of children.

B. The following persons may request legal decision-making or parenting time under the following circumstances:

1. A parent in any proceeding for marital dissolution, legal separation, annulment, paternity or modification of an earlier decree or judgment.

2. A person other than a parent, by filing a petition for third party rights under section 25-409 in the county in which the child permanently resides.
A.R.S. § 25-318.01 — Arizona Code / Title 25 / Chapter 3 / Article 2 / Section 318.01
25-318.01 Military retirement benefits; disability related waiver
Status: in_force

25-318.01. Military retirement benefits; disability related waiver

In making a disposition of property pursuant to section 25-318 or 25-327, a court shall not do any of the following:

1. Consider any federal disability benefits awarded to a veteran for service-connected disabilities pursuant to 10 United States Code section 1413a or 38 United States Code chapter 11.

2. Indemnify the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retired or retainer pay related to receipt of the disability benefits.

3. Award any other income or property of the veteran to the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retired or retainer pay related to receipt of the disability benefits.
A.R.S. § 25-1009 — Arizona Code / Title 25 / Chapter 8 / Article 1 / Section 1009
25-1009 Appearance and limited immunity
Status: in_force

25-1009. Appearance and limited immunity

A. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

B. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state.  A party who is present in this state and who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

C. The immunity granted by subsection A does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter and committed by an individual while present in this state.