46-295

46-295. Recovery of public assistance from
legally responsible persons; fund; definition

A. If a recipient of public assistance has a person who is legally responsible for
that person's support and who is presently able to reimburse the department for public
assistance provided, the department, through the attorney general or county attorney,
shall proceed in the following order against:

1. The spouse of a recipient.

2. The former spouse of a recipient.

3. A father or mother not presently receiving public assistance.

4. Any other legally responsible person.

B. If a recipient of public assistance receives an overpayment of support or is
determined ineligible pursuant to section 46-292 or 46-293, the department may recover
the support incorrectly paid during that time period. The department shall deposit monies
recovered in the public assistance collections fund established pursuant to this section.

C. On request of the department, the attorney general or county attorney shall
commence an action in the superior court in the county where the recipient of public
assistance resides or in the superior court in Maricopa county, against the persons in
the order specified in subsection A of this section, to recover the assistance granted
and to secure an order requiring payment of amounts that become due in the future for
which the person is liable.

D. The public assistance collections fund is established consisting of monies
received pursuant to this section and section 41-2752. The department shall administer
the fund. Subject to legislative appropriation, the department shall use fund monies to
improve public assistance collection activities. The department shall deposit, pursuant
to sections 35-146 and 35-147, twenty-five per cent of the monies collected pursuant to
this section in the public assistance collections fund and seventy-five per cent of the
monies collected pursuant to this section in the state general fund. Notwithstanding this
subsection, pursuant to sections 35-146 and 35-147, the department shall deposit fifty
per cent of the monies collected pursuant to section 41-2752 in the public assistance
fund and the remaining fifty per cent of the monies collected pursuant to section 41-2752
shall be deposited in the state general fund.

E. For the purposes of this section, "public assistance" includes monies paid by
the department to or for the benefit of a dependent child and foster care maintenance
paid pursuant to 42 United States Code sections 670 through 676.