Home About Us Testimonials Services FAQ Links Contact Child Support Laws Search By State: Find your State.	Arizona State Profile Updated on 11 Sep 2007 Certified on 26 Sep 2007 A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State administered. State, county, and private contractor operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 18 A3. With what types of agencies do you have cooperative agreements? State administered. State and county operated and private contractor. A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? No A4.1. If so, what is the statutory citation?   A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If so, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 06/15/1995 B2. What is the effective date of your State's Act? 7/1/1995 B3. What is the statutory citation for your State's Act? A.R.S. § 25-1201 to 25-1342 For Additional Information - Click Here B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? 2001 B4.1. If your state has implemented the 2001 version, when was it implemented? March 29, 2005 B5. Optional comments regarding your State's UIFSA Act. In order to process an initiating case, the IJ must provide: verification of paternity, Birth Certificates, paternity orders, and marriage and divorce dates of the parties or Bio-mother if CP is a caretaker. General Testimony: MUST be signed by the custodial parent or caretaker. NOTE: Please use ONLY BLACK INK on all hardcopy documents, transmittals and requests. C. Reciprocity C1. With what foreign countries does your State reciprocate? Australia, Costa Rica, El Salvador, France, Germany, Honduras, Mexico, Sweden, United Kingdom (England), and United Kingdom (Scotland) C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? No C1.2. If yes, please explain. Our policy is to enforce spousal support ONLY if there is an order for current support and the child is living with the spouse seeking support. There would be no difference in the way AZ would treat an order from a foreign country. C2. Has your State established reciprocity with any tribal courts? Yes C2.1. If yes, list the tribes and identify services provided, if less than full services. Navajo Nation, Colorado River Indians D. Age of Majority D1. What is the age of majority in your State? 18 D2. What is the statutory cite for the age of majority? A.R.S. § 25-320(F), § 25-501 (A) For Additional Information - Click Here D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. If child turns 18 while in high school or in a high school equivalency program, support will continue while attending high school or a certified high school equivalency program. Child support will continue until the child graduates high school, completes a certified high school equivalency program, or turns 19, whichever occurs first. D4. Does the date of the order impact what law is applied? No D4.1. If so, please explain.   D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. Current child support is terminated as of the date of marriage of a minor child, the date the child is deceased, or when the child is adopted. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If so, please explain. Court may order support past age of majority for a mentally or physically disabled child, but not for college. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure.   E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? Effective September 21, 2006, the statute of limitations for collection of child support was eliminated. This means that after that date, it is no longer necessary to obtain a written court judgment to collect child support arrears that have not been reduced to a judgment. In cases where the youngest child had emancipated and three years had passed prior to September 21, 2006: If a final judgment on arrears was not obtained, then the arrears cannot be collected. If a final judgment on arrears was obtained, then those arrears can be collected. If a judgment was obtained for any time period within the duration of the current child support and there is a balance still due, then those arrears can be collected. E2. What is your State's statute of limitations for paternity establishment? Before child turns 18. E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible. Judgment renewal is no longer necessary under revised A.R.S. § 25-503 (J), Chapter 283, Laws 1999. F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Shared income. F2. Does your State charge interest on missed arrears? Yes F2.1. If yes, please indicate the amount of interest charged and any related conditions. 10% simple interest per annum F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. Prospective from date of court order - 10% simple per annum F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. 10% simple interest per annum F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? No F5.1. If so, under what circumstances?   F6. Have you elected to recover costs or charge fees in your State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? Effective October 1, 2007, an annual collections fee of $25.00 will be charged to a recipient of IV-D services, if the recipient of services receives more than $500 in support during the federal fiscal year (October 1st to September 30th). F6.2. What costs are recovered from/fees charged to the obligor? State statute requires all obligors to pay a payment processing fee on wage withholding. F7. Does your State recover costs on behalf of the initiating State? No F7.1. Optional comments regarding recovering of initiating State's fees.   F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. A.R.S. § 25-1221 For Additional Information - Click Here F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? When included in the same order as the child support obligation, the spousal maintenance order is enforced. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. Information is only requested on income that is payable jointly to the party and their spouse G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Withholding Order, Order of Assignment, Wage Withholding G2. What specific source of income is not subject to withholding? Per A.R.S. § 33-1131, one-half of a debtor's disposable earnings is exempt. In the case of a prisoner, the mandatory deduction is 25% of the prisoner's gross wages until the prisoner's account exceeds a $50 balance. For Additional Information - Click Here G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes G3.1. If yes, what are those limits? One-half of disposable earnings for any pay period is exempt. G4. What is the allowable fee per pay period for processing income withholding payments? The employer or other payor may withhold and retain for application to the employer's or other payor's cost of compliance one dollar per pay period or four dollars per month in addition to the current child support, payment on arrears, and clearinghouse fee. G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? For an order of assignment, the first employer shall not deduct for 14 calendar days. Future employers may implement sooner than 14 days. An Income Withholding order is binding 14 days after receipt. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? The employer must remit within 2 business days after obligor is paid or payment to the obligor is due. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Employers are liable for amounts not paid, attorneys fees and costs. They may be subject to contempt. (A.R.S. § 25-504(H), § 25-505.01(M) G8. What is the penalty to an employer for failure to remit payments withheld? Same as in G7. G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? No G9.1. Optional comments regarding direct withholding of UI benefits across State lines. Unemployment Insurance Benefits (UI) deduction is done through automation only via our statewide automated system. Arizona would require a state to request full services via a T1 from Arizona to be able to intercept any UI benefits that an NCP is receiving from Arizona. G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines.   G11. How does an obligor contest income withholding in your State? By requesting an administrative review. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). The child support is allocated between the cases and is based on the child support order amounts. Arizona requires that an employer complete the allocation amounts prior to sending the payments to the SDU. Arizona does not automatically allocate among all NCP cases. G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. 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 amounts 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 two to obtain the amount to be allocated to each family. See A.R.S. § 25-501.01(L) and § 25-504(I) For Additional Information - Click Here G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? No G14. When does your state require the employer to send notice of an employee's termination? At the time an employee is terminated. G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? 90 Days G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? A check processing fee not to exceed $4.00 per payroll period. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? A direct income withholding order can be sent to the employer of an NCP. G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. The employer can only withhold 50% of the obligor's disposable income for both child support and court order medical support. If the medical insurance premimums would be over the 50%, then the employer would nto be able to withhold for the medical insurance premimum. H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain.   H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 95% - A.R.S. § 25-814 (A) (2), 25-816 H3. Optional comments regarding paternity acknowledgment conclusive legislation. A.R.S. § 25-812 (B),(D), 25-814 H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 07/21/1996 H4.1. Were acknowledgments prior to that effective date rebuttable? No H4.2. Optional comments regarding paternity acknowledgments prior to that date.   H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. How is the presumption rebutted? The presumption may be rebutted by clear and convincing evidence (A.R.S. § 25-814(C), or with written consent of father married to child's mother. A.R.S. § 25-814 (A)(1) H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? Yes H6.1. If not, briefly explain. Only after July 21, 1996. H7. Does your State have any other paternity-related presumptions? No H7.1. If yes, briefly explain.   H8. Does your State have a putative fathers' registry? Yes H8.1. If so, what is the name of that entity? Paternity Registry H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? No H9.1. Please describe any circumstances under which these fees may be waived. Fees will not be incurred if the Arizona DCSE Hospital Paternity Program (HPP) is contacted at 602-771-8000 or at DCSEHPPAT@azdes.gov. AZ HPP is able to review and issue a "Government Only" copy of any birth records upon request. H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage.   H10.2. When did your current common law standard go into effect?   H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect?   H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Alternative appearance is allowable only at the descretion of the court or judcial officer. H12. Please give the cite for your State's long arm statute and list any special provisions. A.R.S. § 25-1221 For Additional Information - Click Here H13. Does your State recover genetic testing costs for other States? No H13.1. If so, please explain.   H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Yes, an Acknowledgement Of Paternity (AOP) is needed. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? 7/21/1996 H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents should be sent with a separate paternity affidavit for each child. I. Support Order Establishment I1. Does your State use an administrative or a judicial process to establish a support obligation? Judicial I1.1. If your State can establish under both, under what circumstances would the administrative process be used?   I1.2. Under what circumstances would the judicial process be used? In all circumstances that DCSE is unable to obtain a stipulated order. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures.   For Additional Information - No Link Provided I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Arizona uses a shared income model. So, the income of the NCP and the CP is used in determining the child support obligation. I3. What criteria for rebutting your presumptive guidelines have been established in your State? In an action to establish child support, the amount resulting from the guidelines is the amount ordered. If application of the guidelines would be inappropriate in a particular case, the court shall deviate from the guidelines. Some of the criteria include: The court has considered the best interests of the child in determining a deviation. A deviation reducing the amount of support paid is not contrary to the child's best interests. The court makes written findings that the guidelines are inappropriate and has considered the child's best interest. The court shows what the order would have been without the deviation. The court shows what the order is deviating. The court may deviate from the guidelines if the parties agree and only if all of the following criteria are met: The agreement is written. The parties signed the agreement with knowledge of the amount of support that would have been ordered by the guidelines but for the agreement. All parties signed the agreement free of duress and coercion and the court complies with state law and case law. I4. Will your State establish support orders for prior periods? Yes I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Past support may be awarded up to 3 years prior to the filing date of a court proceeding to establish paternity and/or a child support order. The past support amount is awarded based on the discretion of the court. I4.2. What information or documentation does your State require to proceed? Verification of paternity, birth certificate, paternity order, or marriage and divorce dates of parties or Bio-Mother if CP is a caretaker. Financial information of the CP if the CP is the Bio-Mother is also needed for the establishment of a current child support order. I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Cases may be awarded past support for 3 years. Arizona is unable to obtain orders reduced to judgment specifically for reimbursement of state arrears only. However, if you state's assigned arrears have been reduced to a judgment, we will enforce any those judgments for your state assigned arrears. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Paternity and some enforcment actions are administrative. Currently, Arizona is a highly judicial state as far as establishment and enforcement of support. Arizona can do administrative liens for real property and some types of personal property, such as a motor vehicle. Also, effective September 19, 2007, the administrative process to suspend professional licenses will begin. I6. What is your State's statutory authority for the administrative process? A.R.S. § 25-1287 and § 25-812 For Additional Information - No Link Provided I7. Is there a local State law that allows the interstate administrative subpoena? No I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? It the court order states that the current child support is reserved then a Transmittal should be sent requesting the establishment of a current child support order. If the court order states that the current child support obligation is $0.00, then a Transmittal should be sent requesting a modification of the current child support obligation. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both?   J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative; A.R.S. § 42-1122 J2. Is the lien process in your State judicial, administrative or both? Administrative for IV-D cases J2.1. What are the trigger criteria for filing a lien? Unpaid balance that equals 2 month's worth of current child support. J2.2. Where is your State liens filed? County Recorder's Office in the county where property is owned. Each County recorder has its own rules, standards and fees for recording liens. J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If so, please indicate the amount. Varies by county. J.3. Does your State enforce property seizure and sale? No J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial; A.R.S. § 25-521 J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? A super notice is sent to the NCP periodlically that encompasses all remideies that may be used when support is not paid. J4.2. Does your State's income withholding definition include amounts in financial institutions? No J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If so, who notifies the NCP, the State or Financial Institution? The financial institution. J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? Simultaneously J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? A court ordered judgment or arrears equaling 12 months of the current child support. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? $250. J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? Yes J5.3. 1. If yes, please provide the time frame. 12 months or a judgment. J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage.   J5.4.2 . Is the percentage different for joint accounts? No J5.4.3. If yes, please provide the amount.   J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. The financial institution must leave $250.00 in the account. J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? The financial institution. J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? Fifteen business days. J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? 35 days from the date of the final determination of the administrative review. J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? On the basis that they have contributed to the account. J5.10. Is your State's complaint review process judicial, administrative or both? Administrative J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? Judicial J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? If obligor is not satisfied with decision of the administrative review, he/she has 35 days to request a hearing with the Superior Court. No unique requirements. Non-debtor has same appear rights as obligor. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized and partially automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? None J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? Yes J5.16.1. If yes, what is the amount? $250.00 J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets.   J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? Immediately upon receipt of Notice to Surrender. J5.19.1 . If yes, please define. Financial institution is to send the seized monies upon receipt of the Notice to Surrender issued by the state child support enforcement agency. J6. Does your state withhold state funds or benefits? Yes J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? Judicial J7. Please describe any other administrative enforcement procedures your state may have. Administrative Lien (Real and some personal property.) Professional License as of 9/19/2007 J8. Please describe any other judicial enforcement procedures your state may have. Civil and Criminal Contempt Driver's and Recreational License Suspension J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? Comply with notice requirements of A.R.S. § 25-516 and records lien pursuant to state law. For Additional Information - Click Here J10. Which of our state's enforcement remedies are available without registration? Administrative income withholding order, administrative lien, asset seizure, IRS/state tax refund offset, lottery intercept, unemployment insurance deduction, worker's compensation intercept and administrative offset. J11. Describe your state's registration and enforcement procedures. Once a support order or income withholding order is registered for enforcement, it will be subject to the same procedures as an order issued by a tribunal of Arizona. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. The following enforcement remedies require judicial procedures: Civil contempt, judicial income withholding, judgment on arrears, and federal criminal contempt. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. A.R.S. § 12-1701 to A.R.S. § 12-1708 For Additional Information - Click Here J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? No J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). The following documents are required from another state in order to process a request for a Freeze and Seize (asset seizure): a Transmittal #1 requesting that an asset seizure be completed and then the case be closed once the action has been completed (if full enforcement is not requested), An arrears statement (certified or notarized), and copies of all child support orders relating to the case. J15. Does your state use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your state report an obligor's child support information? TransUnion J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative, submits on all enforcement cases on a monthly basis. Information reported will include current monthly obligation amount and any unpaid balances as of the date of reporting. J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? Both J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? Arizona will report all current child support obligations and all arrears owed. K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 3 years or with proof of substantial and continuous change. Every three years on current assistance cases. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Request of either party. K3. Briefly describe your State's modification procedure. Per A.R.S. § 25-503(F), either party or the IV-D agency may file an action in court. There must be substantial and continuing change of circumstances. This can be done by a hearing or by simplified guidelines procedures. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? 15% difference up or down K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?   K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. No K5.6. There has been a substantial change in child care expenses. No K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? Underlying order does not include medical support provision. K6. Does your State have cost of living adjustments (COLAs)? No K6.1. If so, what index does your State use?   K7. How does your state credit SSA disability to current and past due support? If SSA disability payments are paid to the Custodial Parent or caretaker for the child(ren) subject to the order on behalf of the Non-Custodial Parent then the Non-Custodial Parent is given credit for the payments up to the current child support amount. If the SSA disability payments are less then the current child support amount then arrears would accrue for the unpaid support. If the SSA disability payments are more then the current child support amount, then the Non-Custodial Parent is credited for current child support, any amount paid above the current child support amount is not credited for arrears. K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. Yes K8.1. If so, please explain the situation? A.R.S. §46-444 was enacted at the department's request to allow the department or its agent to "redirect" support money to a caretaker. The intent of the statute is to allow the transfer of current support for those cases with: Arizona orders or court orders registered in Arizona, and All the children in the order are with the caretaker for whom the support will be transferred. The transfer of support was intended for current support only. If arrears are owed or if spousal maintenance is owed to the obligee, these amounts are not to be redirected to the caretaker. K8.2. What is the statutory cite for your abatement law? A.R.S. §46-444 For Additional Information - Click Here K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. For establishment of paternity, establishment of current child support, and enforcement of current child support or arrears. The following documents are needed: Uniform Support Petition, Transmittal #1, Date and place (county, state) of marriage if applicable. For establishment of Paternity the following additional documents are needed: Affidavit in Support of Establishing Paternity (signed and notarized by the Bio-Mother or Alleged Father), birth certificate for out of state births, General Testimony (signed and notarized by the Caretaker, Bio-Mother, or Bio-Father). For the establishment of current child support the following additional documents are needed: General Testimony (signed and notarized by the Caretaker, Bio-Mother, or Bio-Father), Proof of paternity (order, birth certificate, acknowledgement of paternity, etc.). For enforcement of current child support and arrears the following additional documents are needed: Registration Statement (signed and notarized), one certified copy of all court orders relating to case, certified payment history, arrears statement (certified or notarized), and a month by month calculation of arrears. For modification of the current child support obligation the following additional documents are needed: General Testimony (signed and notarized by the Caretaker, Bio-Mother, or Bio-Father) NOTE: Please use ONLY BLACK INK on all hardcopy documents, transmittals and requests. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Send a Transmittal #3 to the AZ Central Registry. The requested documents will be obtained and returned to the requesting IV-D agency K9. What information is required to register an out-of-state order for enforcement/modification? A registration statement (signed and notarized), arrears statement (certified or notarized), month by month calculation of arrears, certified payment history, and certified copies of all court orders relating to case. NOTE: Please use ONLY BLACK INK on all hardcopy documents, transmittals and requests. L. Lump Sum Payments L1. Does your state define a lump sum payment? Yes L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? Lump sum payment includes serverance pay, sick pay, vacation pay, bonuses, insurance settlements, commissions, and stock options. L1.2 Provide the statutory citation. A.R.S. § 25-505 For Additional Information - Click Here L2. Does your state law require employers to report lump sum payments? No L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.   L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?   L4. How are employers instructed to report a pending lump sum? Contact DCSE Customer service at 602-252-4045 or toll free at 1-800-882-4151 to report a lump sum payment and request further information. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.   L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? The employer will send the payment to the SDU and not directly to the CP. L7. Does your state use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Arizona uses a form for a Limited Income Withholding Order similiar in style to the IWO for lump sum payments. L8. Does your state use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? No, AZ uses a Limited Income Withdoling Order (LIWO). L9. What other documents does your state use to attach lump sum payments? Limited Income Withholding Order L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No L10.1 If yes, what are those limits?   For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? Up to the full amount of all arrears. L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No L11.1 If yes, would the employer only withhold for that period's obligation?

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