Article six (6) of Title twenty five (25) of the Arizona Revised Statutes governs "Registration, Enforcement and Modification of Support Order[s]."
In relevant text, A.R.S. 25-1301 states:
[a] support order or an income withholding order issued by a tribunal of another state may be registered in this state for enforcement.
It is important to understand that registering your child support order from another state properly in Arizona, will only give you the right to enforce that order against a non paying party who resides within the state of Arizona. With very few and specific exceptions the State of Arizona cannot and will not modify the child support order issued from another jurisdiction. Therefore, if you seek modification or adjustment of the support obligation, expect in a very few specific situations, you should seek such modification in the jurisdiction where the initial support order was entered.
Assuming then that the non paying party lives in Arizona, then you will need to know how to go about registering the foreign child support order properly. A.R.S. 25-1302 provides guidance and states:
[a] support order or income withholding order of another state may be registered in this state [Arizona] by sending the following documents and information to the appropriate tribunal in this state:
A letter of transmittal to the tribunal requesting registration and enforcement.
Two copies, including one certified copy, of the order to be registered, including any modification of the order.
A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.
The name of the obligor and, if known:
(a) The obligor's address and social security number. The obligor's social security number may be redacted and filed separately pursuant to section 25-501, subsection G.
(b) The name and address of the obligor's employer and any other source of income of the obligor.
(c) A description and the location of property of the obligor in this state not exempy from execution.
For purposes of this rule, the proper tribunal where information shall be sent is whatever court handles domestic relations matters in your county. For example, if living in Maricopa County, you would send all documents to family court division of the Maricopa County Superior Courts.
Once you receive receipt that your foreign order has been properly registered, then you can move to enforce that order against the non paying party.
For assistance with this or any other Arizona family law matter contact the experienced Arizona Family Law Attorneys at the Law Firm of Ariano & Reppucci, PLLC.
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