A.R.S. 25-508
Enforcement of support orders; fee prohibition
A. Any judgment, order or decree, whether arising from a dissolution, divorce, separation, annulment, custody determination, paternity or maternity determination or dependency proceeding or from a uniform interstate enforcement of support act proceeding and any interlocutory support award in any such proceeding or in any other proceeding regarding support that provides for alimony, spousal maintenance or child support may be enforced as a matter of right by lien, execution, attachment, garnishment, levy, appointment of a receiver, provisional remedies or any other form of relief provided by law as an enforcement remedy for civil judgments. An affidavit regarding all payments in default under the support order, along with a copy of the underlying support order, shall be filed with the clerk of the superior court along with the appropriate writ, application, petition or motion.
B. Notwithstanding any law to the contrary, a department of this state or its political subdivisions shall not charge the department or its agents a fee for performing an act necessary to enforce a support order as provided by this section.
Explanation: For example, if the court issues a spousal maintenance order from a divorce proceeding, there is authority to enforce this by numerous means such as attaching a lien on your property or garnishing your wages.
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A.R.S. 25-509
Ascertainment and assessment of value, damages and benefits
A. The court or jury shall ascertain and assess:
1. The value of the property sought to be condemned and all improvements on the property pertaining to the realty, and of each and every separate estate or interest in the property, and if it consists of different parcels, the value of each parcel and each estate or interest in the parcel separately.
2. If the property sought to be condemned constitutes only a part of a larger parcel, the damages that will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff.
3. How much the portion not sought to be condemned and each estate or interest in the portion will be benefited separately, if at all, by construction of the improvement proposed by the plaintiff. If the benefit is equal to the damages assessed under paragraph 2 of this subsection, the owner of the parcel shall be allowed no compensation except for the value of the portion taken, but if the benefit is less than the damages so assessed, the benefit shall be deducted from the damages, and the remainder shall be the only damages allowed in addition to the value.
4. If the property sought to be condemned is for a railroad, the cost of good and sufficient fences along the line of the railroad, and the cost of cattle guards where fences may cross the line of the railroad.
B. As far as practicable, compensation shall be assessed for each source of damage separately.
C. Value shall be determined by ascertaining the most probable price estimated in terms of cash in United States dollars or comparable market financial arrangements that the property would bring if exposed for sale in the open market, with reasonable time allowed in which to find a purchaser, buying with knowledge of all of the uses and purposes to which it was adapted and for which it was capable.
D. For the purpose of assessing compensation and damages with respect to property sought to be condemned by this state for transportation purposes, in addition to subsections A and B of this section, the court or a jury shall assess compensation and damages pursuant to sections 28-7091 and 28-7097.
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A.R.S. 12-1123
Representation by attorney general or county attorney; modification of order by attorney general or county attorney
A. The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify or enforce a duty of child support, including medical support, regardless of the welfare or nonwelfare status of the person to whom the duty of support is owed. The attorney general or county attorney may establish, modify or enforce such a duty of support by all means available, including all civil and criminal remedies provided by law. An attorney-client relationship does not exist between the attorney and an applicant or recipient of child support enforcement services.
B. This state may initiate an action or may intervene in an action involving child support. Intervention by the state in an existing action is by unconditional right and is accomplished by the state filing an entry of appearance.
C. The attorney general or county attorney shall not seek or defend any ancillary matters, such as custody or parenting time, raised in these proceedings. The attorney general or county attorney may petition for modification of child support or medical support for children.
Explanation: The county attorney or the Arizona attorney general has authority under the law to enforce something like a child support order. The action by these authorities can only involve support and not any other topic like parenting time.
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A.R.S. 25-511
Failure of parent to provide for child; classification
A. Except as provided in section 25-501, subsection F, any parent of a minor child who knowingly fails to furnish reasonable support for the parent's child is guilty of a class 6 felony.
B. It is an affirmative defense to a charge of a violation of subsection A of this section that the defendant has complied with a valid court order that was in effect for the time period charged and that set forth an amount of support for the minor child or was unable to furnish reasonable support. Inability to furnish reasonable support is not a defense if the defendant voluntarily remained idle, voluntarily decreased his income or voluntarily incurred other financial obligations.
C. The trier of fact, in determining whether the defendant has failed to furnish reasonable support, shall consider all assets, earnings and entitlements of the defendant and whether the defendant has made all reasonable efforts to obtain the necessary funds. On a showing of previous employment or lack of a physical or mental disability precluding employment, the trier of fact may infer that the defendant is capable of full-time employment at least at the federal adult minimum wage. This inference does not apply to noncustodial parents who are under the age of eighteen and who are still attending high school.
Explanation: It is a felony to provide reasonable child support for a minor that one is legally responsible for. Facing these charges may require the assistance of a lawyer if you're not sure what to do next.
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