A.R.S. 25-516
Lien; notice; priority; recording; reciprocity
A. Notwithstanding section 25-514, in a title IV-D case if a person obligated to pay child support is in arrears for an amount equal to at least two months' child support, the unpaid amounts constitute a lien by operation of law on all property presently owned and later acquired by the obligor. The department may perfect a lien by filing a notice of lien with the county recorder in the county in which the obligor has property or with a state agency or a political subdivision of this state that files personal property liens for recording on its official record. The notice of lien recorded under this section shall specify the nature of the debt, the amount, and the name and last known address of the obligor. A liquidated judgment is not required to establish a lien. Recordation is constructive notice of the lien to the creditors of the owner or subsequent purchasers, against the personal or real property presently owned or later acquired. The lien has priority over other liens against this property except for liens arising from mortgages, deeds of trust, contracts, conveyances or security agreements created by the property owner and previously recorded or filed.
B. The department shall notify an obligor who is at least two months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support that a notice of lien may be filed against the obligor. The department shall notify the obligor by first class mail at the obligor's current address, or after a reasonable attempt to ascertain the obligor's location, at the obligor's last known address. The notice shall state the following:
1. The obligor is at least two months in arrears in making child support payments.
2. The obligor may request in writing an administrative review to contest the arrears pursuant to section 25-522.
3. The obligor may request in writing an administrative review within fifteen days from the date of mailing of the notice.
4. If the obligor requests an administrative review, the department shall stay further action until a determination has been made at the administrative review.
5. If the obligor fails to respond to the notice, the department shall file a notice of lien against the obligor.
6. The address and telephone number of the department.
7. The obligor may request a copy of the order.
C. If an obligor fails to respond to the notice within fifteen days from the date of mailing, the department shall send the obligor a second notice by first class mail. The second notice shall include the information under subsection B of this section and shall state the following:
1. If the obligor fails to contact the department within fifteen days from the date of mailing of the second notice, a notice of lien shall be filed against the obligor.
2. This is the final notice the obligor will receive.
D. If the obligor requests an administrative review pursuant to this section, the department shall determine whether to proceed with filing the notice of lien based on whether the obligor is required to pay child support, whether the obligor is in arrears, and any other information relevant to the case. The decision of the department shall be in writing, and the department shall provide a copy to the obligor.
E. If the department determines that the obligor is at least two months in arrears and determines at the administrative review to record a notice of lien against the property of the obligor or if the obligor fails to respond to the second notice, a notice of lien shall be recorded and a copy sent to the obligor by certified mail.
F. The department may, at any time, release the property subject to the lien from the lien. Notice by the department to the effect that the property had been released from the lien is conclusive evidence that the property had been released. If any lien imposed pursuant to this section is satisfied and a notice of lien has been recorded, the department shall issue a release of the lien to the obligor against whom the lien was claimed. The department shall record the lien release in any county, agency or political subdivision where the original lien was recorded.
G. This state shall give a lien recorded in another state full faith and credit if the state agency, party or other entity seeking to enforce the lien complies with the notice requirements of this section and records the lien pursuant to the applicable laws of this state.
Explanation: This statute is pointing out that if you're missing or are behind on your child support payments, the department in charge of your payments can attach a lien on your property. Essentially there will be someone else with an interest in your property.
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A.R.S. 25-517
Title IV-D agency; license suspension; notice; administrative review or hearing
A. The department or its agent shall notify an obligor who is at least six months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support that the obligor may be referred to court for a hearing to suspend or deny the obligor's driver license or recreational license. The department or its agent shall notify the obligor by first class mail at the obligor's current address, or after a reasonable attempt to ascertain the obligor's location, at the obligor's last known address. The notice shall state the following:
1. The obligor has wilfully failed to pay child support, wilfully continues to do so and is at least six months in arrears in making child support payments.
2. The obligor may request in writing an administrative review conducted pursuant to section 25-522 to contest the matter within fifteen days from the date of mailing of the notice.
3. If the obligor requests an administrative review, the department or its agent shall stay the action to refer the obligor to court for the suspension or denial of the obligor's recreational or driver license.
4. If the obligor fails to respond to the notice, the department or its agent shall refer the obligor to court for license suspension or denial pursuant to section 25-518.
5. The address and telephone number of the department.
6. The obligor may request a copy of the child support order.
B. If an obligor requests an administrative review pursuant to this section, the issues at the review shall be limited to whether the obligor is required to pay child support and has wilfully failed to pay. The department or its agent shall not refer the obligor to court unless the department or its agent determines that the obligor is at least six months in arrears and has wilfully failed to pay. The department or its agent shall make this decision in writing and shall provide a copy to the obligor.
C. If the department or its agent determines that the obligor is at least six months in arrears and has wilfully failed to pay, the department shall refer the obligor to court for license suspension pursuant to section 25-518.
D. Notwithstanding the requirements of this section, if an obligor is at least six months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support, the title IV-D agency or its agent may issue a notice to the obligor that the obligor's professional or occupational license may be suspended. The title IV-D agency or its agent shall notify the obligor by first class mail at the obligor's current address, or after a reasonable attempt to ascertain the obligor's location, at the obligor's last known address. The notice shall state that the obligor has wilfully failed to pay child support, wilfully continues to do so and is at least six months in arrears in making child support payments. The notice shall also state that within fifteen days after the notice is mailed the obligor may make a written request for an administrative review pursuant to section 25-522 to contest the matter.
E. If the obligor does not respond to the notice prescribed in subsection D of this section, the title IV-D agency or its agent shall issue an administrative order of noncompliance to the board or agency to order the suspension of the obligor's professional or occupational license. If the obligor requests an administrative review, the title IV-D agency or its agent shall stay further action until a determination has been made at the administrative review. The issues at the review are limited to whether the obligor is required to pay child support and has wilfully failed to pay. The department or its agent shall make this decision in writing and shall provide a copy to the obligor. If the obligor disagrees with the final determination, the obligor has a right to a hearing before the suspension of the obligor's professional or occupational license. The title IV-D agency or its agent must receive a request for a hearing on the determination of noncompliance within fourteen days after the date of the determination.
F. The title IV-D agency or its agent shall notify the office of administrative hearings of a request for a hearing pursuant to subsection E of this section within five business days after receipt of the request. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10. The issues at the hearing are limited to whether the obligor is required to pay child support and has wilfully failed to pay. If the administrative law judge upholds the department's determination, the title IV-D agency or its agent shall issue an administrative order of noncompliance to the board or agency ordering it to suspend the obligor's professional or occupational license.
Explanation: If one continues to fail to make child support payments willfully, then he/she can have his/her drivers license revoked. There can also be the revocation of a professional or occupational license for failure to pay.
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A.R.S. 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.
Explanation: This is the procedural due process for if one's license has been supsended for failing to make child support payments.
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A.R.S. 25-520
Child support enforcement; administrative subpoena; civil penalty
A. In a title IV-D case the department or its agent may issue a subpoena to a person or entity believed to have information needed for the establishment of paternity or the establishment, modification or enforcement of a child support order, requiring appearance before the department or its agent and the production of all records or documents related to an investigation or child support proceeding.
B. The subpoena shall be served in the manner provided under applicable law or rules of procedure for the service of subpoenas in a civil action.
C. A person or entity that, without reasonable cause, fails to comply with the subpoena or that wilfully gives false information is subject to a civil penalty of not more than two hundred fifty dollars for each violation.
D. A civil penalty imposed by the department pursuant to subsection C of this section is subject to court review if the person or entity requests a review within fifteen business days after the department imposes the penalty.
E. A civil penalty imposed by the department on an obligor pursuant to this section may be referred to credit reporting agencies for up to seven years after the date of the order that imposed the penalty or until collected. The department shall not take this action until the time for a court review pursuant to subsection D of this section has elapsed.
F. A civil penalty imposed by the department operates as a final judgment without further action by the department. The department may collect the penalty through all available civil remedies. A civil judgment accrues interest pursuant to section 44-1201.
G. The department shall deposit, pursuant to sections 35-146 and 35-147, monies collected under this section in the state general fund.
Explanation: If someone has relevant information concerning issues like paternity or child support, they can receive a subpoena. One must comply with a subpoena.
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