25-503

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 a personal check for support payments and handling fees 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 check or
draft 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 other
than by personal check demonstrates full and timely payment for twenty-four consecutive
months, that party 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. 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. 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.

K. 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.

L. 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.

M. 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.

N. 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 section 25-505.01.

O. 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.