25-506. Order for assignment; foreign support order
A. A petition for an ex parte order for assignment may be filed by an agency based on an order for support issued by a court or an agency in a state other than this state. The petition shall include the information required by section 25-504 and the following documents:
1. A certified copy of the support order with all modifications.
2. A certified copy of an income withholding order, if any, still in effect.
3. A copy of the income withholding law of the jurisdiction that issued the support order.
4. A sworn statement of arrearages.
5. The assignment of support rights, if any.
B. On receipt of a petition pursuant to subsection A of this section, the clerk of the court shall enter an order for ex parte assignment. The order for wage assignment is binding on any employer or payor who is doing business in this state and who employs or is obligated to make periodic payments to the person owing child support or spousal maintenance and is subject to this section. Participation in a proceeding under this subsection does not confer jurisdiction on a court over any of the parties to the proceeding in any other proceeding. If an obligor does not have periodic earnings, income or entitlements, the court shall order an assignment against any monies owed to the obligor or held for the benefit of the obligor. The order of assignment shall direct the holder of the monies to withhold and pay to the person or agency entitled to receive the child support the amount necessary to pay the amount ordered by the court.
C. If the obligor seeks to quash the assignment, the attorney general or county attorney shall immediately notify the petitioning state of the date, time and place of the hearing and of the obligee's right to attend. The only bases for the obligor to contest the withholding are that:
1. The withholding is not proper because of a mistake of fact that is not res judicata.
2. The court or agency that issued the support order lacked personal jurisdiction over the obligor.
3. The order was obtained by fraud.
4. The statute of limitations precludes enforcement of all or a part of the arrearages.
D. The court, on request of any party, shall continue the hearing on the motion to quash to permit evidence relative to the defense to be adduced by either party.
E. On a motion to quash, the court, for good cause, may quash the portion of an assignment order relating to arrearages without prejudice to the petitioner.
F. 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 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 earnings, income, entitlements or other monies 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 withheld from the obligor's earnings, income, entitlements or other monies shall be multiplied by the percentage under paragraph 2 of this subsection to obtain the amount to be allocated to each family.
Structure Arizona Revised Statutes
Title 25 - Marital and Domestic Relations
§ 25-101 - Void and prohibited marriages
§ 25-102 - Consent required for marriage of minors
§ 25-103 - Purposes of title; application of title
§ 25-111 - Requirement of license and solemnization; covenant marriages
§ 25-112 - Marriages contracted in another state; validity and effect
§ 25-121 - Marriage license; application; affidavit
§ 25-123 - Recording licenses; endorsement of solemnization; recording return; lost licenses
§ 25-124 - Persons authorized to perform marriage ceremony; definition
§ 25-125 - Marriage ceremony; official; witnesses; marriage license; covenant marriages
§ 25-127 - Issuance of marriage license by a city or town; transfer of fees; handling fee
§ 25-128 - Unlawful acts of person authorized to solemnize marriages; classification
§ 25-130 - Abstract of marriage in lieu of reproducing marriage license
§ 25-202 - Enforcement of premarital agreements; exception
§ 25-204 - Amendment or revocation of agreement
§ 25-205 - Limitation of actions
§ 25-214 - Management and control
§ 25-215 - Liability of community property and separate property for community and separate debts
§ 25-217 - Ownership of property acquired after moving into state
§ 25-218 - Surrogate parentage contracts; prohibition; custody; definition
§ 25-311 - Jurisdiction; filing of petition
§ 25-312 - Dissolution of marriage; findings necessary
§ 25-313 - Decree of legal separation; findings necessary; termination of decree
§ 25-314 - Pleadings; contents; defense; joinder of parties; confidentiality
§ 25-314.01 - Summary consent petition and decree
§ 25-315 - Preliminary injunction; effect
§ 25-316 - Temporary orders; definition
§ 25-317 - Separation agreement; effect
§ 25-318.01 - Military retirement benefits; disability related waiver
§ 25-318.02 - Convicted spouse; award of community property; definition
§ 25-318.03 - Human embryos; disposition; responsibility for resulting child; definitions
§ 25-319 - Maintenance; guidelines; computation factors
§ 25-320.02 - Self-employed parent; tax practitioner; definition
§ 25-321 - Representation of child by counsel; fees
§ 25-322 - Payment of maintenance or support; records; disclosure
§ 25-323.03 - Forms; alternative forms
§ 25-325 - Decree; finality; restoration of maiden name
§ 25-326 - Independence of provisions of decree or temporary order; forms
§ 25-328 - Sequence of trials when custody or parenting time is an issue
§ 25-330 - Employer cooperation
§ 25-331 - Notification requirements
§ 25-341 - Abrogation of alienation of affections action
§ 25-351 - Domestic relations education; plan; administration
§ 25-352 - Applicability of program; compliance
§ 25-354 - Children's issues education fund; report
§ 25-355 - Fees; deferral or waiver
§ 25-381.01 - Purposes of article
§ 25-381.03 - Applicability of article; determination by superior court
§ 25-381.04 - Assignment of judges; number of sessions
§ 25-381.05 - Transfer of cases; reason; duties of transferee judge
§ 25-381.06 - Court assistants; salaries; appointments
§ 25-381.07 - Director of conciliation; powers and duties
§ 25-381.09 - Petition invoking jurisdiction or for transfer of action to conciliation court
§ 25-381.10 - Petition; caption
§ 25-381.11 - Petition; contents
§ 25-381.12 - Blank forms; assistance in preparing and presenting petition
§ 25-381.14 - Hearing; time; place; notice; citation; witnesses
§ 25-381.15 - Time and place of holding hearings
§ 25-381.17 - Orders; duration of effectiveness; reconciliation agreement
§ 25-381.19 - Transfer of certain actions where minor child involved
§ 25-381.20 - Procedure in actions where no child is involved; conciliation court may accept case
§ 25-381.21 - Construction of article
§ 25-381.22 - Subsequent petition filed within one year
§ 25-381.23 - Option for mandatory conciliation
§ 25-403 - Legal decision-making; best interests of child
§ 25-403.01 - Sole and joint legal decision-making and parenting time
§ 25-403.03 - Domestic violence and child abuse
§ 25-403.06 - Parental access to prescription medication and records
§ 25-403.07 - Identification of a primary caretaker and public assistance
§ 25-403.08 - Resources and fees
§ 25-405 - Interviews by court; professional assistance
§ 25-406 - Investigations and reports
§ 25-407 - Legal decision-making and parenting time hearings; priority; costs; record
§ 25-410 - Judicial supervision
§ 25-412 - Expedited child support and parenting time fund
§ 25-413 - Domestic relations education and mediation fund; report
§ 25-414 - Violation of visitation or parenting time rights; penalties
§ 25-415 - Sanctions for litigation misconduct
§ 25-416 - Sexual assault conviction; effect on rights
§ 25-417 - Parent's blindness; burden of proof; specific written findings; definitions
§ 25-501 - Duties of support; exemption
§ 25-502 - Jurisdiction, venue and procedure; additional enforcement provisions
§ 25-503.01 - Self-employed parent; monies held as security for payment of support
§ 25-505 - Limited income withholding orders; definition
§ 25-505.01 - Administrative income withholding order; notice; definition
§ 25-505.02 - Insurance data exchange; withholding orders; immunity; definitions
§ 25-506 - Order for assignment; foreign support order
§ 25-507 - Forms; alternative forms
§ 25-508 - Enforcement of support orders; fee prohibition
§ 25-510 - Receiving and disbursing support and maintenance monies; arrearages; interest
§ 25-511 - Failure of parent to provide for child; classification
§ 25-511.01 - Spousal maintenance order; violation; classification
§ 25-513 - Employer cooperation; violation; classification
§ 25-514 - Priority of action and judgments
§ 25-516 - Lien; priority; recording; information statement; payoff amount; release
§ 25-517 - License suspension; notice; administrative review or hearing
§ 25-518 - Child support arrearage; license suspension; hearing
§ 25-519 - Regulatory entities; suspension of license
§ 25-520 - Child support enforcement; administrative subpoena; civil penalty
§ 25-521 - Levy; seizure of property for collection of support debt; definitions
§ 25-522 - Administrative review; notice; determination; judicial review; definitions
§ 25-524 - Financial institutions; surrender of assets; nonliability
§ 25-525 - Administrative enforcement; interstate cases; definition
§ 25-526 - Child support enforcement information; internet posting
§ 25-527 - Child support; overpayment; reimbursement
§ 25-528 - Title IV-D recipients; fee
§ 25-529 - Title IV-D cases; alternative medical insurance coverage
§ 25-530 - Spousal maintenance; veterans disability benefits; definition
§ 25-532 - Enrollment of child
§ 25-533 - Insurer obligations
§ 25-534 - Employer obligations
§ 25-552 - Jurisdiction; priority of action
§ 25-553 - Request for arrearages; deadline
§ 25-681 - Child support arrest warrant; definition
§ 25-682 - Time and manner of execution; information
§ 25-683 - Procedure after arrest; payment for release from custody
§ 25-684 - Preexisting warrants
§ 25-685 - Entry into criminal information system
§ 25-804 - Time for instituting proceedings
§ 25-805 - Effect of death, absence or insanity of plaintiff
§ 25-808 - Preliminary injunction; temporary restraining order; effect
§ 25-810 - Liability of parents if putative mother or father is a minor; periodic payments
§ 25-812 - Voluntary acknowledgment of paternity; action to overcome paternity
§ 25-813 - Default order of paternity
§ 25-814 - Presumption of paternity
§ 25-815 - Paternity; full faith and credit
§ 25-816 - Title IV-D child support; paternity establishment; genetic testing
§ 25-817 - Temporary orders; presumption of paternity
§ 25-901 - Covenant marriage; declaration of intent; filing requirements
§ 25-902 - Existing marriages; conversion to covenant marriage; recording requirements
§ 25-903 - Dissolution of a covenant marriage; grounds
§ 25-904 - Decree of legal separation; grounds
§ 25-905 - Temporary orders for support and spousal maintenance
§ 25-906 - Information pamphlet; requirements; distribution
§ 25-1003 - Proceeding governed by other law
§ 25-1004 - Application to Indian tribes
§ 25-1005 - International application of chapter
§ 25-1006 - Effect of child custody determination
§ 25-1008 - Notice to persons outside this state
§ 25-1009 - Appearance and limited immunity
§ 25-1010 - Communication between courts; definition
§ 25-1011 - Taking testimony in another state
§ 25-1012 - Cooperation between courts; preservation of records
§ 25-1013 - Military deployment; home state
§ 25-1031 - Initial child custody jurisdiction
§ 25-1032 - Exclusive continuing jurisdiction
§ 25-1033 - Jurisdiction to modify determination
§ 25-1034 - Temporary emergency jurisdiction
§ 25-1035 - Notice; opportunity to be heard; joinder
§ 25-1036 - Simultaneous proceedings
§ 25-1037 - Inconvenient forum
§ 25-1038 - Jurisdiction declined by reason of conduct
§ 25-1039 - Information to be submitted to court
§ 25-1040 - Appearance of parties and child
§ 25-1221 - Bases for jurisdiction over nonresident
§ 25-1222 - Duration of personal jurisdiction
§ 25-1223 - Initiating and responding tribunal of state
§ 25-1224 - Simultaneous proceedings
§ 25-1225 - Continuing, exclusive jurisdiction to modify child support order
§ 25-1226 - Continuing jurisdiction to enforce child support order
§ 25-1227 - Determination of controlling child support order
§ 25-1228 - Child support orders for two or more obligees
§ 25-1229 - Credit for payments
§ 25-1230 - Application of chapter to nonresident subject to personal jurisdiction
§ 25-1231 - Continuing, exclusive jurisdiction to modify spousal support order
§ 25-1052 - Enforcement under Hague convention
§ 25-1054 - Temporary visitation
§ 25-1055 - Registration of child custody determination
§ 25-1056 - Enforcement of registered determination
§ 25-1057 - Simultaneous proceedings
§ 25-1058 - Expedited enforcement of child custody determination
§ 25-1059 - Service of petition and order
§ 25-1061 - Warrant to take physical custody of child
§ 25-1062 - Costs, fees and expenses
§ 25-1063 - Recognition and enforcement
§ 25-1065 - Role of attorney general
§ 25-1066 - Role of law enforcement
§ 25-1067 - Costs and expenses
§ 25-1203 - State tribunal and support enforcement agency
§ 25-1204 - Remedies cumulative
§ 25-1205 - Application of chapter to resident of foreign country and foreign support proceeding
§ 25-1241 - Proceedings under this chapter
§ 25-1242 - Proceeding by minor parent
§ 25-1243 - Application of law of state
§ 25-1244 - Duties of initiating tribunal
§ 25-1245 - Duties and powers of responding tribunal
§ 25-1246 - Inappropriate tribunal
§ 25-1247 - Duties of support enforcement agency
§ 25-1248 - Duty of the attorney general
§ 25-1250 - Duties of department of economic security
§ 25-1251 - Pleadings and accompanying documents
§ 25-1252 - Nondisclosure of information in exceptional circumstances
§ 25-1254 - Limited immunity of petitioner
§ 25-1255 - Nonparentage as defense
§ 25-1256 - Special rules of evidence and procedure
§ 25-1257 - Communications between tribunals
§ 25-1258 - Assistance with discovery
§ 25-1259 - Receipt and disbursement of payments
§ 25-1271 - Establishment of support order
§ 25-1272 - Proceeding to determine parentage of a child
§ 25-1281 - Employer's receipt of income withholding order of another state
§ 25-1282 - Employer's compliance with income withholding order of another state
§ 25-1283 - Employer's compliance with two or more income withholding orders
§ 25-1284 - Immunity from civil liability
§ 25-1285 - Penalties for noncompliance
§ 25-1286 - Contest by obligor
§ 25-1287 - Administrative enforcement of orders
§ 25-1301 - Registration of order for enforcement
§ 25-1302 - Procedure to register order for enforcement
§ 25-1303 - Effect of registration for enforcement
§ 25-1305 - Notice of registration of order
§ 25-1306 - Procedure to contest validity or enforcement of registered support order
§ 25-1307 - Contest of registration or enforcement
§ 25-1309 - Procedure to register child support order of another state for modification
§ 25-1310 - Effect of registration for modification
§ 25-1311 - Modification of child support order of another state
§ 25-1312 - Recognition of order modified in another state
§ 25-1314 - Notice to issuing tribunal of modification
§ 25-1315 - Jurisdiction to modify child support order of foreign country
§ 25-1316 - Procedure to register child support order of foreign country for modification
§ 25-1333 - Relationship of department of economic security to United States central authority
§ 25-1334 - Initiation by department of economic security of support proceeding under convention
§ 25-1336 - Registration of convention support order
§ 25-1337 - Contest of registered convention support order
§ 25-1338 - Recognition and enforcement of registered convention support order
§ 25-1339 - Partial enforcement
§ 25-1340 - Foreign support agreement
§ 25-1341 - Modification of convention child support order
§ 25-1342 - Personal information; limit on use
§ 25-1343 - Record in original language; English translation
§ 25-1361 - Grounds for rendition
§ 25-1362 - Conditions of rendition