25-518

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

A. A court shall send a certificate of noncompliance to the board or agency
ordering the suspension or denial of a driver license or recreational license if the
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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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 D 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 D.

G. 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.