A.R.S. 25-521
Levy; seizure of property for collection of support debt; definitions
A. If there is a court ordered judgment or if the obligor is in arrears in an amount equal to twelve months of support, the department may issue a levy and collect the amount owed by the obligor by levy on all property and rights to property not exempt under federal or state law.
B. The levy extends only to property possessed and obligations existing at the time of service or within twenty-one days thereafter, except as to an account held in a financial institution in which case the levy extends only to property possessed and obligations existing at the time of service. On receipt of a notice of levy, a person in possession of property or an interest in property subject to levy shall seize and hold nonexempt property until that person receives from the department a notice of surrender of property or a notice of release of levy. Within three days after receipt, the person served with the notice of levy shall notify the obligor and any other individual or entity known or believed to have an interest in the property that a levy has occurred. The notice shall specify the amount demanded and shall contain, in the case of a seizure of personal property, an account of the property levied on, and in the case of real property, a description with reasonable certainty of the property levied on. The person served with the levy, the obligor or other persons known or believed to have an interest in the property may make a written request for an administrative review to contest the levy within fifteen days after the date of mailing of the notice. The administrative review shall be conducted pursuant to section 25-522, subsection D. The administrative review shall include a determination of the interest of the obligor in the property subject to levy, including the obligor's contributions to any property held by the community. If the request for administrative review is based on a mistake in identity, the department shall conduct the review within two business days. The administrative review shall be conducted pursuant to section 25-522, subsection E.
C. Any person in possession of property, or obligated with respect to property or rights to property subject to levy, on which a levy has been made, on demand by the department shall surrender the property or right to property to the department.
D. A person who fails or refuses to surrender any property or rights to property, subject to levy, on demand by the department, is liable in an amount equal to the value of the property or rights to property not surrendered, but not exceeding the amount of the past due support for which the levy has been made.
E. If any property or right to property on which a levy has been made under subsection A of this section is not sufficient to satisfy the claim of the department, the department, as often as necessary, may proceed to levy in like manner on any other property subject to levy of the obligor owing support, until the amount due is paid in full.
F. In any case in which the department may levy on property or rights to property, the department may seize and sell the property or rights to the property whether real or personal, tangible or intangible in the manner prescribed by law. Except as otherwise provided by this section, the notice of sale and sale of property seized by the department shall be conducted in the manner and the time provided in title 12, chapter 9, article 7, relating to the sale of property under execution. Real property may be redeemed in the manner provided by title 12, chapter 8, article 11. The department shall notify the obligor of the date, time and location of the sale. The notice shall be given in person, left at the dwelling or usual place of business of the obligor or sent by first class mail to the obligor's last known address, at least ten days before the day of the sale. If the property or right to property is perishable, the department shall give notice of the sale to the obligor in the manner and within the time limits that are reasonable considering the character and condition of the property.
G. A person who is in possession of or obligated with respect to property or rights to property subject to levy on which a levy has been made and who, on demand by the department, surrenders the property or rights to property to the department is discharged from any obligation or liability to the obligor with respect to the property or rights to property from the surrender on payment.
H. A levy issued pursuant to this section has the same force and effect as a writ of garnishment, execution or attachment issued by the superior court.
I. For purposes of this section:
1. "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.
2. "Levy" includes the power to restrain and seize by any legal means.
3. "Person" includes an individual or an officer, employee or agent of a corporation, an officer, employee or elected official of this state or its political subdivisions, or any agency or instrumentality of this state or the federal government or its political subdivisions, or a member or employee of a partnership, who as such officer, employee, agent, elected official or member is under a duty to surrender the property or rights to property, or to discharge the obligation.
Explanation: If one has failed to make support payments for a year or more, the department in charge of collecting support payments can actually levy against that individual's property. Basically the department can take and even sell the property to collect the amount owed. The statute provides the specifics.
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A.R.S. 25-522
Administrative review; notice; determination; judicial review; definitions
A. An obligor may contest an enforcement action by the department or its agent by filing a request for administrative review. An obligee may contest the distribution or disbursement of support payments by the department or its agent by filing a request for administrative review. The obligor, the obligee or the caretaker may contest the disbursement of support to a noncustodial person other than the state by filing a request for administrative review pursuant to section 46-444. The request shall be in writing, shall be signed by the requesting party, shall include a residential and mailing address and may be transmitted electronically. The request shall state the basis for the dispute and shall include any relevant information to assist the department or its agent, including a copy of any order issued, documentation of support payments made and any notice sent by the department or its agent.
B. Within ten business days after receipt of the request for review, the department or its agent shall send a notice of acknowledgment of receipt of request for administrative review to the person filing the request and shall specify any additional information the department or its agent requires to complete the review. The department or its agent on its own initiative may also request any other additional information it deems necessary to make its determination. The department or its agent shall also notify the obligee of the obligor's request for review of enforcement actions.
C. Except for obligee complaints made under section 46-408 as to distribution of support, the department or its agent shall issue a written determination within forty-five business days after sending the notice of acknowledgment of receipt of request for administrative review, or if additional information is required, forty-five business days after receipt of this information. If additional information is not received from the requesting party or another person within thirty business days after the date of the department's or the agent's request for additional information, the department shall issue a final written determination within ten business days after the due date for receipt of the additional information based on the available information. The final determination shall be in writing, and a copy shall be served on all parties by first class mail.
D. Notwithstanding subsections B and C of this section, if the basis for the request for review is issuance of an income withholding order by the department pursuant to section 25-505.01 or a levy made pursuant to section 25-521, the department shall review the request and issue a final determination within ten business days after it receives the request for review. The department shall send a copy of the final determination by first class mail to all parties.
E. Notwithstanding subsections B, C and D of this section, if the basis for the request for review is a mistake in identity pursuant to section 25-521, the department shall issue a final determination by first class mail to all parties within two business days after the receipt of the request. The request shall include adequate documentation to affirm the mistake in identity.
F. A department determination made pursuant to this section is subject to judicial review under title 12, chapter 7, article 6 except that an appeal by an obligee of a department determination made pursuant to this section regarding the distribution of support payments shall be made pursuant to title 41, chapter 14, article 3.
G. For purposes of this section:
1. "Business day" means a day on which state offices are open for regular business.
2. "Department" includes the department's agent.
3. "Enforcement action" means an action taken by the department to:
(a) Suspend or deny a license.
(b) Issue a notice of lien against real or personal property.
(c) Issue a notice of levy against assets held by or on behalf of an obligor.
(d) Issue an income withholding order or order to modify or terminate an income withholding order.
(e) Report an obligor to a consumer reporting agency.
(f) Issue a medical support notice of enrollment prescribed by the United States secretary of health and human services.
(g) Offset federal payments.
(h) Disburse support to a caretaker.
Explanation: One can contest any support department's enforcement against him/her (such as levy on property and disbursement). There will be an administrative review, and this Arizona statute provides the details.
A.R.S. 25-524
Financial institutions; surrender of assets; nonliability
A. On receipt of a notice of lien or levy a financial institution shall encumber or surrender, as appropriate, assets held by the institution on behalf of an obligor.
B. Notwithstanding any law to the contrary, a financial institution is not subject to civil liability for encumbering or surrendering any assets held by the financial institution in response to a notice of lien or levy issued by the department or for any action taken in good faith to comply with this section.
C. The remedy provided in this section is limited to collection of past due support.
Explanation: Basically if there is a levy against someone for failure to pay support, a holder of that person's property (i.e. bank) must turn over the property or do whatever the order equires. The institution holding the property cannot be liable for turning over the property if they had a good faith reason to do so.
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A.R.S. 25-525
Administrative enforcement; interstate cases; definition
A. The department or its agent shall respond promptly to a request made by a title IV-D agency in another state to enforce a support order. The department shall use high volume automated administrative enforcement to the same extent as used for intrastate cases in response to a request made by a title IV-D agency in another state to enforce support orders and shall promptly report the results of the enforcement procedure to the requesting state.
B. The department or its agent may transmit a request to a title IV-D agency in another state for assistance, by electronic or other means, in a child support case involving the enforcement of a support order by high volume automated administrative enforcement. The department shall include information necessary to enable the state to which the request is transmitted to compare the case information with information contained in that state's data base. The department's request shall constitute a certification of the amount of arrears under the support order and a certification that the department has complied with all procedural due process requirements in the case.
C. If the department or its agent provides assistance to a title IV-D agency in another state pursuant to this section, the department shall not consider the case to be transferred to the caseload of the other state.
D. The department shall maintain records of the number of requests for assistance received by the department or its agent, the number of cases for which the department or its agent collects support and the amount of support collected in cases pursuant to this section.
E. For the purposes of this section, "high volume automated administrative enforcement" means the use of automatic data processing to search various state data bases to determine if information is available regarding a parent who owes a child support obligation.
Explanation: The Arizona department in charge of child support will work with orders from other states to make sure there is compliance.
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