Arizona Laws 25-1305. Notice of registration of order
A. When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. Notice shall be given by first class or registered mail or by any means of personal service authorized by the law of this state. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
Terms Used In Arizona Laws 25-1305
- Foreign support order: means a support order of a foreign tribunal. See Arizona Laws 25-1202
- Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the laws of this state. See Arizona Laws 25-1202
- Income withholding order: means an order or other legal process directed to an obligor's employer, payor or other debtor to withhold support from the income of the obligor. See Arizona Laws 25-1202
- Law: includes decisional and statutory law and rules and regulations having the force of law. See Arizona Laws 25-1202
- Obligor: means an individual or the estate of a decedent that meets any of the following conditions:
(a) Owes or is alleged to owe a duty of support. See Arizona Laws 25-1202
- Registered mail: includes certified mail. See Arizona Laws 1-215
- Registering tribunal: means a tribunal in which a support order or a judgment determining parentage of a child is registered. See Arizona Laws 25-1202
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1202
- Support enforcement agency: means a public official, governmental entity or private agency authorized to do any of the following:
(a) Seek the enforcement of support orders or laws relating to the duty of support. See Arizona Laws 25-1202
- Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Arizona Laws 25-1202
- Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
B. A notice shall inform the nonregistering party:
1. That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.
2. That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after the date of mailing or personal service of the notice, unless the registered order is under section 25-1337.
3. That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.
4. Of the amount of any alleged arrearages.
C. If the registering party asserts that two or more orders are in effect, a notice must also:
1. Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any.
2. Notify the nonregistering party of the right to a determination of which is the controlling order.
3. State that the procedures provided in subsection B of this section apply to the determination of which is the controlling order.
4. State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
D. On registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall serve the obligor‘s employer with a wage assignment subject to the provisions of section 25-504 or 25-506.