A.R.S. tit. 25 | Title 25 — Marital and Domestic Relations

Chapter 1 Marriage

Article 1 Capacity of Persons to Marry

§ 25-101 Void and prohibited marriages

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void.

B. Notwithstanding subsection A, first cousins may marry if both are sixty-five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce.

C. Marriage between persons of the same sex is void and prohibited.

§ 25-102 Consent required for marriage of minors

A. A person who is at least sixteen years of age and who is under eighteen years of age may marry only if one of the following is true:

The person has received an emancipation order pursuant to title 12, chapter 15 or from a court in another state and the person's prospective spouse is not more than three years older than the person.
The parent or guardian who has custody of the person consents to the marriage and the person's prospective spouse is not more than three years older than the person.

B. Persons who are under sixteen years of age shall not marry.

C. The clerk of the superior court may not issue a license to a person who is under eighteen years of age and who does not meet the requirements of subsection A of this section.

§ 25-103 Purposes of title; application of title

A. It is declared that the public policy of this state and the general purposes of this title are:

To promote strong families;
To promote strong family values.

B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the contrary, it is in a child's best interest:

To have substantial, frequent, meaningful and continuing parenting time with both parents.
To have both parents participate in decision-making about the child.

C. A court shall apply the provisions of this title in a manner that is consistent with this section.

Article 2 Validity of Marriage

§ 25-111 Requirement of license and solemnization; covenant marriages

A. A marriage shall not be contracted by agreement without a marriage ceremony.

B. A marriage contracted within this state is not valid unless all of the following occur:

A license is issued as provided in this title.
The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized.
The marriage is solemnized before the expiration of the marriage license.

C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902.

§ 25-112 Marriages contracted in another state; validity and effect

A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.

B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101.

C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.

Article 3 Marriage License, Ceremony and Record

§ 25-121 Marriage license; application; affidavit

A. Persons shall not be joined in marriage in this state until a license has been obtained for that purpose from the clerk of the superior court in any county of this state. This subsection does not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage pursuant to section 25-902.

B. Persons who wish to marry shall apply to the clerk of the superior court for a license and shall complete and sign under oath an affidavit provided by the clerk that states each applicant's name, age and residential address. The affidavit shall include a statement by the applicants that they understand that information on sexually transmitted diseases is available from the county health department on request and that these diseases may be transmitted to their unborn children. The applicants shall provide their social security numbers to the clerk separately from the affidavit. The affidavit shall be filed by the clerk who shall then issue to the applicants a license directed to the persons authorized by law to solemnize marriage and shall collect the fee prescribed by section 12-284. The license is sufficient authority for any authorized person to solemnize the marriage. The marriage license shall state that the marriage license expires one year from the date of issuance of the license.

C. Except for release to the department of economic security for the purpose of child support enforcement, the social security number provided to the clerk of the superior court pursuant to subsection B of this section for an applicant's marriage license shall not be released to any person or entity unless the applicant requests in writing that the information be released. The provisions of this subsection shall appear in each application for a marriage license.

§ 25-123 Recording licenses; endorsement of solemnization; recording return; lost licenses

A. The clerk of the superior court shall maintain a record of all marriage licenses issued.

B. The person solemnizing the rites of matrimony shall endorse the act of solemnization on the license and shall return the license to the clerk within thirty days after the solemnization. The returned marriage license shall be recorded by the clerk.

C. If a marriage license is lost before the endorsement of solemnization, the persons who wish to marry shall reapply to the clerk for a marriage license pursuant to section 25-121 and pay a fee pursuant to section 12-284.

D. If the license that bears the endorsement of solemnization is lost, the clerk shall issue a replacement license that must be signed by the person who solemnized the marriage, the persons married and two of the witnesses to the marriage ceremony. The signed replacement license shall be returned to the clerk who shall record the license. If the persons married are unable to obtain all of the required signatures, either of them or their representative may apply to the superior court for an order to authorize the issuance of a duplicate endorsed marriage license. The application shall be by a sworn statement that describes the circumstances of the marriage ceremony and that contains the notarized signatures of the applicant and, if possible, both persons married, the person who solemnized the marriage and at least two witnesses to the marriage ceremony. If the application is submitted by a representative, the court shall determine if the representative is an appropriate requesting party. Pursuant to a court order, the clerk shall issue and record a duplicate endorsed marriage license. The court shall not charge a fee for the application or for issuing or recording the duplicate endorsed marriage license.

§ 25-124 Persons authorized to perform marriage ceremony; definition

A. The following are authorized to solemnize marriages between persons who are authorized to marry:

Duly licensed or ordained clergymen.
Judges of courts of record.
Municipal court judges.
Justices of the peace.
Justices of the United States supreme court.
Judges of courts of appeals, district courts and courts that are created by an act of Congress if the judges are entitled to hold office during good behavior.
Bankruptcy court and tax court judges.
United States magistrate judges.
Judges of the Arizona court of military appeals.

B. For the purposes of this section, "licensed or ordained clergymen" includes ministers, elders or other persons who by the customs, rules and regulations of a religious society or sect are authorized or permitted to solemnize marriages or to officiate at marriage ceremonies.

§ 25-125 Marriage ceremony; official; witnesses; marriage license; covenant marriages

A. A valid marriage is contracted by a male person and a female person with a proper marriage license who participate in a ceremony conducted by and in the presence of a person who is authorized to solemnize marriages and at which at least two witnesses who are at least eighteen years of age participate.

B. A marriage license shall be signed by both persons married, two of the witnesses to the marriage ceremony and the person who solemnized the marriage, who shall return the signed marriage license to the clerk of the superior court for recording.

C. This section does not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902.

§ 25-126 Application to justice of the peace for marriage and covenant marriage licenses; issuance; violation; classification

A. A justice of the peace whose office is located five miles or more from the county seat of the county in which the office is located may be designated by the clerk of the superior court to receive applications for and issue marriage licenses in that county, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The applications for a marriage license shall be made on forms conforming to section 25-121, which shall be provided by the clerk of the superior court.

B. If requested by the justice of the peace designated pursuant to subsection A of this section, the clerk of the superior court shall issue in blank licenses as requested and charge them against the justice of the peace. A justice of the peace who has possession of marriage license forms as provided in this section shall account for these forms as required by the clerk of the superior court.

C. The justice of the peace designated pursuant to subsection A of this section shall report to the clerk the issuance of each license and shall transmit the fee prescribed by section 12-284 at the same time. Intentional failure to transmit the report and fee or the use of the authority granted by this section by the justice of the peace for personal gain is a class 2 misdemeanor.

§ 25-127 Issuance of marriage license by a city or town; transfer of fees; handling fee

A. If a city or town is more than four miles from the county seat, the clerk of the superior court may allow the clerk of the city or town or the city or town court clerk to issue marriage licenses, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The clerk of the superior court may take this action only at the request of the local clerk.

B. The local clerk shall only use marriage license application forms and licenses provided by the clerk of the superior court. The clerk of the superior court shall provide the local clerk with these documents on request.

C. The local clerk shall account for all forms and blank licenses in the local clerk's possession as required by the clerk of the superior court.

D. The local clerk shall collect the fee prescribed under section 12-284 and transmit it to the clerk of the superior court. The local clerk may retain one dollar fifty cents from the fee prescribed under section 12-284.

§ 25-128 Unlawful acts of person authorized to solemnize marriages; classification

A. It is unlawful for any person who is authorized to solemnize marriages to:

Knowingly participate in or by his presence sanction the marriage of a person under the age of eighteen years who obtained a marriage license without consent in writing of the parent or guardian lawfully entitled to give consent.
Solemnize a marriage without first being presented with a marriage license as required by the laws of this state.
Fail to file the marriage license with the act of solemnization endorsed on the marriage license within thirty days of the ceremony.
Knowingly make a false return of a marriage or pretended marriage to the clerk of the superior court.

B. A violation of this section is a class 2 misdemeanor.

§ 25-129 Unlawful acts of person authorized to issue marriage license or make marriage records; classification

A. It is unlawful for a clerk of the superior court to knowingly issue a marriage license to a person under the age of eighteen years without the consent in writing of the parent or guardian lawfully entitled to give consent.

B. It is unlawful for any person to knowingly make a false record of a marriage return.

C. A violation of this section is a class 2 misdemeanor.

§ 25-130 Abstract of marriage in lieu of reproducing marriage license

The clerk of the superior court may produce an abstract of marriage in lieu of a reproduction of the recorded marriage license. An abstract of marriage shall include the legal name of the bride prior to the marriage, the name of the groom, the date of the marriage and the date on which the marriage license was recorded.

Chapter 2 Husband and Wife, Property and Contract Rights

Article 1 Arizona Uniform Premarital Agreement Act

§ 25-201 Definitions

In this article, unless the context otherwise requires:

"Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

§ 25-202 Enforcement of premarital agreements; exception

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

B. The agreement becomes effective on marriage of the parties.

C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:

The person did not execute the agreement voluntarily.
The agreement was unconscionable when it was executed and before execution of the agreement that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

§ 25-203 Scope of agreement

A. Parties to a premarital agreement may contract with respect to:

The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.
The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.
The modification or elimination of spousal support.
The making of a will, trust or other arrangement to carry out the provisions of the agreement.
The ownership rights in and disposition of the death benefit from a life insurance policy.
The choice of law governing the construction of the agreement.
Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

B. The right of a child to support may not be adversely affected by a premarital agreement.

§ 25-204 Amendment or revocation of agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

§ 25-205 Limitation of actions

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

Article 2 Property Rights and Contract Powers

§ 25-211 Property acquired during marriage as community property; exceptions; effect of service of a petition

A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is:

Acquired by gift, devise or descent.
Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

B. Notwithstanding subsection A, paragraph 2, service of a petition for dissolution of marriage, legal separation or annulment does not:

Alter the status of preexisting community property.
Change the status of community property used to acquire new property or the status of that new property as community property.
Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision (a).

§ 25-213 Separate property

A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.

B. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment.

C. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.

D. A contribution to an irrevocable trust that has or will have as its principal asset life insurance on the person making the contribution is a contribution of the insured's separate property if the spouse of the insured is the primary beneficiary of the trust.

§ 25-214 Management and control

A. Each spouse has the sole management, control and disposition rights of each spouse's separate property.

B. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community.

C. Either spouse separately may acquire, manage, control or dispose of community property or bind the community, except that joinder of both spouses is required in any of the following cases:

Any transaction for the acquisition, disposition or encumbrance of an interest in real property other than an unpatented mining claim or a lease of less than one year.
Any transaction of guaranty, indemnity or suretyship.
To bind the community, irrespective of any person's intent with respect to that binder, after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

§ 25-215 Liability of community property and separate property for community and separate debts

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.

B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.

C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which would have been community debts if incurred in this state.

D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.

§ 25-217 Ownership of property acquired after moving into state

Marital rights in property which is acquired in this state during marriage by persons married without the state who move into the state shall be controlled by the laws of this state.

§ 25-218 Surrogate parentage contracts; prohibition; custody; definition

A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract.

B. A surrogate is the legal mother of a child born as a result of a surrogate parentage contract and is entitled to custody of that child.

C. If the mother of a child born as a result of a surrogate contract is married, her husband is presumed to be the legal father of the child. This presumption is rebuttable.

D. For the purposes of this section, "surrogate parentage contract" means a contract, agreement or arrangement in which a woman agrees to the implantation of an embryo not related to that woman or agrees to conceive a child through natural or artificial insemination and to voluntarily relinquish her parental rights to the child.

Chapter 3 Dissolution of Marriage

Article 1 Annulment

§ 25-301 Grounds

Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.

§ 25-302 Procedure and law

A. The jurisdictional requirements and procedure for obtaining an annulment shall be the same as if the matter were one for dissolution of marriage.

B. If grounds for annulment exist, the court to the extent that it has jurisdiction to do so, shall divide the property of the parties and shall establish the rights and obligations of the parties with respect to any common or adopted children in accordance with the provisions of section 25-320 and chapter 4, article 1 of this title.

Article 2 Dissolution of Marriage

§ 25-311 Jurisdiction; filing of petition

A. The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this title.

B. A proceeding for dissolution of marriage, annulment or legal separation shall be filed in accordance with the Arizona rules of family law procedure.

§ 25-312 Dissolution of marriage; findings necessary

A. The court shall enter a decree of dissolution of marriage if it finds each of the following:

That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either case the domicile or military presence has been maintained for ninety days before filing the petition for dissolution of marriage.
The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
The marriage is irretrievably broken.
If the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.

B. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one of the parties so states and the other does not deny it, the court shall make a finding as to whether the marriage is irretrievably broken.

C. If one of the parties denies under oath or affirmation that the marriage is irretrievably broken, the court shall hold a hearing to consider all relevant factors as to the prospect of reconciliation and shall do either of the following:

Make a finding as to whether the marriage is irretrievably broken.
Continue the matter for not more than sixty days for a further hearing. At the request of either party or on its own motion, the court may order a conciliation conference. At the next hearing the court shall make a finding as to whether the marriage is irretrievably broken.

D. A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect of reconciliation.

E. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.

§ 25-313 Decree of legal separation; findings necessary; termination of decree

A. The court shall enter a decree of legal separation if it finds each of the following:

That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services.
The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
The marriage is irretrievably broken as prescribed in section 25-312 or one or both of the parties desire to live separate and apart.
If the marriage is a covenant marriage, any of the grounds prescribed in section 25-904.
The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.

B. To the extent it has jurisdiction to do so, the court shall make provisions for legal decision-making and parenting time, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property.

C. At any time after entry of a final decree of legal separation that has not subsequently been converted into a decree of dissolution of marriage, the parties may stipulate to termination of the decree of legal separation. The stipulated order shall be filed under the same cause number as the legal separation action and shall include the following:

That both parties agree to terminate the legal separation, that they desire to restore their status to legally married and that they do so intelligently, voluntarily and without duress, coercion or undue influence.
That on entry of the stipulated order terminating the decree of legal separation, the marital community is re-formed as if the parties became married on the date of the entry of the termination order, at which time the legal separation no longer exists.
That any property awarded to either party as sole and separate property under the terms of the decree of legal separation as well as any property acquired or debts incurred from the date of the entry of the decree of legal separation through the date of termination are the sole and separate property of the acquiring party and the sole and separate debt of the incurring party.
That any property payments due from one party to the other under the terms of the decree of legal separation are deemed waived, unless otherwise specified in the termination order.
That any parenting orders entered in the decree of legal separation under chapter 4 of this title no longer apply.
That any provisions for child support or spousal maintenance entered in the decree of legal separation no longer apply. Except as to any sum owed to the state pursuant to section 46-407 and unless otherwise agreed, each party is waiving any claims for amounts that may remain due and owing from the time period in which the support provisions under the decree of legal separation were in effect.
That both parties acknowledge that termination of the legal separation does not impact the rights of creditors that may have relied on the terms of the decree of legal separation.

§ 25-314 Pleadings; contents; defense; joinder of parties; confidentiality

A. The verified petition in a proceeding for dissolution of marriage, annulment or legal separation shall allege that the marriage is irretrievably broken or void, that one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903 or 25-904, whichever is appropriate, and shall set forth:

The birth date, occupation and address of each party and the length of domicile in this state.
The date of the marriage, the place at which it was performed and whether the marriage is a covenant marriage.
The names, birth dates and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant.
The details of any agreements between the parties as to support, legal decision-making and parenting time of the children and maintenance of a spouse.
The relief sought.

B. Either party to the marriage may initiate the proceeding.

C. The only defense to a petition is:

For the dissolution of a marriage or legal separation, that the marriage is not irretrievably broken.
For a covenant marriage, that none of the grounds alleged for a dissolution of marriage or legal separation prescribed in section 25-903 or 25-904 is met.
For annulment, that the marriage is not void.

D. The court may join additional parties necessary for the exercise of its authority.

E. This section does not require a victim of domestic violence or a resident of a domestic violence shelter as defined in section 36-3001 to divulge the person's address, except that a means of communicating with the resident, such as a post office box or address of the person's attorney, must be disclosed.

§ 25-314.01 Summary consent petition and decree

A. If the parties reach a comprehensive settlement of all issues before either party initiates formal dissolution of marriage or legal separation proceedings, the parties may jointly elect to proceed with the dissolution or legal separation action as a summary consent decree proceeding. The parties shall file a combined petition and response for dissolution of marriage or legal separation pursuant to section 25-314. The petition shall state that formal service of process is waived and that all issues are resolved by agreement.

B. The filing fee for the summary consent decree is fifty percent of the combined filing fee for a petition and answer, together with any additional filing fees assessed by the county.

C. At the time of the filing of the combined petition and response, or at any time within sixty days after the date of filing, the parties shall submit to the court all required final settlement documents, including their written agreements and proposed decree.

D. The court may not enter the final decree earlier than sixty days after the date of filing pursuant to section 25-329.

E. At any time before entry of the decree, either party may submit a notice of intent to withdraw from the summary consent decree agreement, which shall then be considered as a withdrawal from an agreement in accordance with the Arizona rules of family law procedure. If the parties jointly withdraw from the summary consent decree agreement, the court shall dismiss the case.

§ 25-315 Preliminary injunction; effect

A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction in the following manner:

The preliminary injunction shall be directed to each party to the action and contain the following orders:

(a) That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court.

(b) That both parties are enjoined from:

(i) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.

(ii) Removing any natural or adopted child of the parties then residing in Arizona from this state without the prior written consent of the parties or the permission of the court.

(iii) Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance.

The preliminary injunction shall include the following statement:

Warning

You or your spouse may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person that brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse.

This court order is effective until a final decree of dissolution, legal separation or annulment is filed or the action is dismissed.

B. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order. The order remains effective until further order of the court or the entry of a decree of dissolution, legal separation or annulment.

C. At the time of filing the petition for dissolution, legal separation or annulment, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for dissolution, legal separation or annulment. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for dissolution, legal separation or annulment. The petitioner shall cause a copy of the preliminary injunction to be served on the respondent with a copy of the summons and petition for dissolution, legal separation or annulment.

D. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.

E. In a proceeding for dissolution of marriage, for legal separation, for annulment or for maintenance or support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, either party may move for an order for equal possession of the liquid assets of the marital property, temporary maintenance or temporary support of a child, natural or adopted, common to the parties entitled to support. The court shall provide for an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution or legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets. The court's division of liquid assets held by financial institutions does not invalidate applicable law or any provision of an account agreement that assesses penalties against the account holder for premature or unscheduled withdrawals of account funds. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested and, if appropriate, the liquid assets of the parties. An order for equal possession of the liquid assets of the marital property does not prejudice any final division of the marital community. This subsection does not eliminate the application of the preliminary injunction.

F. A person who disobeys or resists an injunction issued pursuant to subsection A, paragraph 1, subdivision (b) of this section is subject to arrest and prosecution for interference with judicial proceedings pursuant to section 13-2810 and the following procedures apply:

Any party may cause a certified copy of the injunction and return of service on the other party to be registered with the sheriff having jurisdiction of the area in which the party resides. The party originally registering the injunction shall register any changes or modifications of the injunction with the sheriff. For enforcement by arrest and prosecution for interference with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final decree of dissolution, legal separation or annulment is entered or the action for dissolution or legal separation is dismissed.
A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether such offense was committed within or without the presence of the peace officer. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to arrests made pursuant to this subsection.
A peace officer making an arrest pursuant to this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.
A person who is arrested pursuant to this subsection may be released from custody in accordance with the rules of criminal procedure or other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

§ 25-316 Temporary orders; definition

A. In a proceeding for dissolution of marriage, legal separation or annulment or for maintenance or support following a dissolution of marriage by a court that lacked personal jurisdiction over an absent spouse, either party may move for temporary orders seeking any of the following:

An order for equal possession of the liquid assets of the marital property.
Temporary spousal maintenance.
Temporary legal decision-making and parenting time of a child common to the parties.
Temporary support of a child, natural or adopted, common to the parties entitled to support.
Exclusive use and possession of the family home or the home of the moving party.
Exclusive use and possession of other property of the parties.
An interim award of attorney fees and costs.
Other relief deemed necessary pending final resolution of the issues of the parties.

B. A party who seeks an order for equal possession of liquid assets shall file a motion that is accompanied by an affidavit setting forth the factual basis for the motion, the amounts requested and, if appropriate, the liquid assets of the parties. If granted, the court shall provide an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution, legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets. The court's division of liquid assets held by financial institutions does not invalidate applicable law or any provision of an account agreement that assesses penalties against the account holder for premature or unscheduled withdrawals of account monies. An order for equal possession of the liquid assets of the marital property does not prejudice any final division of the marital community. This subsection does not eliminate the application of the preliminary injunction.

C. The court may issue a temporary order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury will result to the moving party or a minor child of the parties if an order is not issued until the time for responding has elapsed. A bond is not required unless the court deems it appropriate.

D. A temporary order:

Does not prejudice the rights of the parties or of any child that are to be adjudicated at subsequent hearings in the proceedings.
May be revoked or modified before the final decree.
That provided for equal possession of the liquid assets of the marital property does not prejudice either party's claim for temporary maintenance, child support or attorney fees.
Terminates when the final decree is entered or when the petition for dissolution, legal separation or annulment is dismissed.

E. For the purposes of this section, "liquid assets" includes:

Cash.
Traveler's checks.
Nonretirement funds in financial institutions.
Lottery winnings.
Cryptocurrency.
Coins and precious metals.

§ 25-317 Separation agreement; effect

A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or annulment or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, legal decision-making and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified.

B. In a proceeding for dissolution of marriage, for annulment or for legal separation, the terms of the separation agreement, except those providing for the support, legal decision-making and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.

C. If the court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property or maintenance.

D. If the court finds that the separation agreement is not unfair as to disposition of property or maintenance and that it is reasonable as to support, legal decision-making and parenting time of children, the separation agreement shall be set forth or incorporated by reference in the decree of dissolution, annulment or legal separation and the parties shall be ordered to perform them. If the separation agreement provides that its terms shall not be set forth in the decree, the decree shall identify the separation agreement as incorporated by reference and state that the court has found the terms as to property disposition and maintenance not unfair and the terms as to support, legal decision-making and parenting time of children reasonable.

E. Terms of the agreement set forth or incorporated by reference in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt.

F. Except for terms concerning the maintenance of either party and the support, legal decision-making or parenting time of children, entry of the decree shall thereafter preclude the modification of the terms of the decree and the property settlement agreement, if any, set forth or incorporated by reference.

G. Notwithstanding subsection F of this section, entry of a decree that sets forth or incorporates by reference a separation agreement that provides that its maintenance terms shall not be modified prevents the court from exercising jurisdiction to modify the decree and the separation agreement regarding maintenance, including a decree entered before July 20, 1996.

§ 25-318 Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court

A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse's sole and separate property to such spouse. Except as provided in section 25-318.02, the court shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state.

B. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of the property. The court may also consider the exempt status of particular property pursuant to title 33, chapter 8.

C. This section does not prevent the court from considering all actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim or excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

D. The community, joint tenancy and other property held in common for which no provision is made in the decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest.

E. The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of:

Any interest or equity the other party has in or to the property.
Community debts that the court has ordered to be paid by the parties.
An allowance for child support or spousal maintenance, or both.
All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

F. The decree or judgment shall specifically describe by legal description any real property affected and shall specifically describe any other property affected.

G. This section applies through both prospective and retrospective operation to property without regard to the date of acquisition.

H. In all actions for dissolution of marriage, annulment or legal separation, the court shall require the following statement in the materials provided to the petitioner and to be served on the respondent:

Notice

In your property settlement agreement or decree of dissolution, annulment or legal separation, the court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers).

Since your creditors are not parties to this court case, they are not bound by court orders or any agreements you and your spouse reach in this case. On request, the court may impose a lien against the separate property of a spouse to secure payment of debts that the court orders that spouse to pay.

You may want to contact your creditors to discuss your debts as well as the possible effects of your court case on your debts. To assist you in identifying your creditors, you may obtain a copy of your spouse's credit report by making a written request to the court for an order requiring a credit reporting agency to release the report to you. Within thirty days after receipt of a request from a spouse who is party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, creditors are required by law to provide information as to the balance and account status of any debts for which the requesting spouse may be liable to the creditor. You may wish to use the following form, or one that is similar, to contact your creditors:

Creditor notification

Date: ___________________________________

Creditor name and

Address: ________________________________

Within thirty days after receipt of this notice, you are requested to provide the balance and account status of any debt identified by account number for which the requesting party may be liable to you.

Name: ___________________________________

Address: ________________________________

(signature)

(printed name)

I. On the written request of any party to a pending dissolution of marriage, annulment or legal separation action, the court, except for good cause shown, shall issue an order requiring any credit reporting agency to release the credit report as to the spouse of the requesting party on payment by the requesting party of any customary fee for providing the credit report.

J. On the request of either party and except for good cause shown, the court shall require the parties to submit a debt distribution plan that states the following:

How community creditors will be paid.
Whether any agreements have been entered into between the parties as to responsibility for the payment of community debts, including what, if any, collateral will secure the payment of the debt.
Whether the parties have entered into agreements with creditors through which a community debt will be the sole responsibility of one party.

K. The following form may be used to verify agreements with creditors:

Agreement with creditor

The parties to this agreement include __________________ and ______________________ who are parties to a dissolution of marriage action filed in ________________ county superior court, Arizona, case number _______________ and ______________ who is a duly authorized representative of __________________ (creditor).

The undersigned parties agree that the debt owed by the parties to ___________________ (creditor) is to be disposed of as follows (check one):

___ The debt is the joint responsibility of the parties, with payment to be made on the following terms: ______________________________________________________

___ The balance of the debt is the sole responsibility of ________________________ and the creditor releases ___________________ from any further liability for that debt, with payment to be made on the following terms: ______________________________________________________________

___ The debt has been paid in full as of this date.

We the undersigned acknowledge this agreement.

Dated: _______________________________________

Debtor Debtor

Creditor’s representative

Subscribed and sworn to before me this _____ day of ________, _____.

Notary Public

L. If the parties are not able to agree to a joint debt distribution plan pursuant to subsection J of this section, the court may order each party to submit a proposed debt distribution plan to the court. In its orders relating to the division of property, the court shall reflect the debt distribution plan approved by the court and shall confirm that any community debts that are made the sole responsibility of one of the parties by agreement with a creditor are the sole responsibility of that party.

M. An agreement with a creditor pursuant to subsection K of this section that assigns or otherwise modifies repayment responsibility for community debts secured by real property located in this state shall include all of the following:

A legal description of the real property.
A copy of the note and recorded security instrument, the repayment of which is to be assigned or modified by the agreement with a creditor.
A written and notarized acknowledgment that is executed by all parties to the debt, including the lender, and that states one of the following:

(a) The terms for the repayment of the debt remain unchanged.

(b) The terms for the repayment of the debt have been modified and, beginning on the date of the execution of the acknowledgment, the creditor has agreed that one of the debtors assumes the sole responsibility for the debt and that the other debtor is released from any further liability on the debt.

N. An agreement executed pursuant to subsection M of this section shall be recorded by either party in the county in which the real property is located.

O. After an agreement is recorded pursuant to subsection N of this section, either party may request that on payment of the title company's fees for the document a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property.

P. If a party fails to comply with an order to pay debts, the court may enter orders transferring property of that spouse to compensate the other party. If the court finds that a party is in contempt as to an order to pay community debts, the court may impose appropriate sanctions under the law. A party must bring an action to enforce an order to pay a debt pursuant to this subsection within two years after the date in which the debt should have been paid in full.

Q. Within thirty days after receipt of a written request for information from a spouse who is a party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, a creditor shall provide the balance and account status of any debts of either or both spouses identified by account number for which the requesting spouse may be liable to the creditor.

R. If any part of the court's division of joint, common or community property is in the nature of child support or spousal maintenance, the court shall make specific findings of fact and supporting conclusions of law in its decree.

§ 25-318.01 Military retirement benefits; disability related waiver

In making a disposition of property pursuant to section 25-318 or 25-327, a court shall not do any of the following:

Consider any federal disability benefits awarded to a veteran for service-connected disabilities pursuant to 10 United States Code section 1413a or 38 United States Code chapter 11.
Indemnify the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retired or retainer pay related to receipt of the disability benefits.
Award any other income or property of the veteran to the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retired or retainer pay related to receipt of the disability benefits.

§ 25-318.02 Convicted spouse; award of community property; definition

A. In an action described in section 25-318, subsection A, the court shall not award any community property to a convicted spouse.

B. If one spouse is required to make ongoing installment payments to a convicted spouse pursuant to a division of property as described in section 25-318, the spouse making the installment payments may petition the court to modify or cancel that ongoing payment.

C. For the purposes of this section, "convicted spouse" means a person who is convicted of an offense and who is sentenced to at least eighty years in prison or to life in prison, with or without the possibility of parole.

§ 25-318.03 Human embryos; disposition; responsibility for resulting child; definitions

A. If an action described in section 25-318, subsection A involves the disposition of in vitro human embryos, the court shall:

Award the in vitro human embryos to the spouse who intends to allow the in vitro human embryos to develop to birth.
If both spouses intend to allow the in vitro human embryos to develop to birth and both spouses provided their gametes for the in vitro human embryos, resolve any dispute on disposition of the in vitro human embryos in a manner that provides the best chance for the in vitro human embryos to develop to birth.
If both spouses intend to allow the in vitro human embryos to develop to birth but only one spouse provided gametes for the in vitro human embryos, award the in vitro human embryos to the spouse that provided gametes for the in vitro human embryos.

B. If an agreement between the spouses concerning the disposition of the in vitro human embryos is brought before the court in an action described in section 25-318, subsection A, the court shall award the in vitro human embryos as prescribed in subsection A of this section.

C. The spouse that is not awarded the in vitro human embryos has no parental responsibilities and no right, obligation or interest with respect to any child resulting from the disputed in vitro human embryos, unless the spouse provided gametes for the in vitro human embryos and consents in writing to be a parent to any resulting child as part of the proceedings concerning the disposition of the in vitro human embryos.

D. If the spouse who is not awarded the in vitro human embryos does not consent to being a parent as provided in subsection C of this section, any resulting child from the disputed in vitro human embryos is not a child of the spouse and has no right, obligation or interest with respect to the spouse.

E. A spouse who provided gametes for the in vitro human embryos and who does not consent to being a parent as provided in subsection C of this section shall provide the spouse awarded the in vitro human embryos as provided in subsection A of this section with detailed written nonidentifying information that includes the health and genetic history of the spouse and the spouse's family in a document that is separate from a document containing identifying information.

F. For the purposes of this section:

"Gamete" means a sperm or ovum.
"Human embryo" has the same meaning prescribed in section 36-2311.
"In vitro" has the same meaning prescribed in section 36-2311.

§ 25-319 Maintenance; guidelines; computation factors

A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance:

Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs.
Lacks earning ability in the labor market that is adequate to be self-sufficient.
Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home.
Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse.
Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

B. The supreme court shall establish guidelines for determining and awarding spousal maintenance. The court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient. The amount of spousal maintenance resulting from the application of the guidelines shall be the amount of spousal maintenance ordered by the court, unless the court finds in writing that applying the guidelines would be inappropriate or unjust. The supreme court shall base the guidelines and criteria for deviation from the guidelines on the following relevant factors listed in paragraphs 1 through 13 of this subsection and considered together and weighed in conjunction with each other:

The standard of living established during the marriage.
The duration of the marriage.
The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.
The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.
The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.
The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

C. A maintenance order shall be made without regard to marital misconduct.

D. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified.

E. Except as provided in subsection D of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.

§ 25-320 Child support; factors; methods of payment; additional enforcement provisions; definitions

A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct.

B. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law.

C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid.

D. The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case. The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, considered together and weighed in conjunction with each other, including:

The financial resources and needs of the child.
The financial resources and needs of the custodial parent.
The standard of living the child would have enjoyed if the child lived in an intact home with both parents to the extent it is economically feasible considering the resources of each parent and each parent's need to maintain a home and to provide support for the child when the child is with that parent.
The physical and emotional condition of the child, and the child's educational needs.
The financial resources and needs of the noncustodial parent.
The medical support plan for the child. The plan should include the child's medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary.
Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
The duration of parenting time and related expenses.

E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

The court has considered the factors prescribed in subsection D of this section.
The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting.
The child's disability began before the child reached the age of majority.

F. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.

G. If a personal check for support payments and handling fees is rightfully dishonored by the payor bank or other drawee, the person obligated to pay support shall make any subsequent support payments and handling fees only by cash, money order, cashier's check, traveler's check or certified check. If a person required to pay support other than by personal check demonstrates full and timely payment for twenty-four consecutive months, that person may pay support by personal check if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee.

H. Subsection G of this section does not apply to payments made by means of an assignment.

I. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not deliver further payments and shall return the payments to the obligor consistent with the requirements of section 25-503.

J. An order for child support shall assign responsibility for providing medical insurance for the child who is the subject of the support order to one of the parents and shall assign responsibility for the payment of any medical costs of the child that are not covered by insurance according to the child support guidelines. Each parent shall provide information to the court regarding the availability of medical insurance for the child that is accessible and available at a reasonable cost. In title IV-D cases, the parent responsible pursuant to court order for providing medical insurance for the child shall notify the child support enforcement agency in the department of economic security if medical insurance has been obtained or if the child is no longer covered under an insurance plan.

K. If the court finds that neither parent has the ability to obtain medical insurance for the child that is accessible and available at a reasonable cost, the court shall:

In a title IV-D case, in accordance with established title IV-D criteria, establish a reasonable monthly cash medical support order to be paid by the obligor. If medical assistance is being provided to a child under title XIX of the social security act, cash medical support is assigned to the state pursuant to section 46-407. On verification that the obligor has obtained private insurance, the cash medical support order terminates by operation of law on the first day of the month after the policy's effective date or on the date the court, or the department in a title IV-D case, is notified that insurance has been obtained, whichever is later. If the private insurance terminates, the cash medical support order automatically resumes by operation of law on the first day of the month following the termination date of the policy.
Order one parent to provide medical insurance when it becomes accessible and available at a reasonable cost.
Order that medical costs in excess of the cash medical support amount shall be paid by each parent according to the percentage assigned for payment of uninsured costs.

L. In a title IV-D case, if the court orders the noncustodial parent to obtain medical insurance the court shall also set an alternative cash medical support order to be paid by that parent if the child is not covered under an insurance plan within ninety days after entry of the order or if the child is no longer covered by insurance. The court shall not order the custodial parent to pay cash medical support.

M. In title IV-D cases the superior court shall accept for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted.

N. The court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher. This presumption does not apply to noncustodial parents who are under eighteen years of age and who are attending high school.

O. An order for support shall provide for an assignment pursuant to sections 25-504 and 25-323.

P. Each licensing board or agency that issues professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact.

Q. The factors prescribed pursuant to subsection D of this section are stated for direction to the supreme court. Except pursuant to subsection E of this section and sections 25-501 and 25-809, the superior court shall not consider the factors when making child support orders, independent of the child support guidelines.

R. For the purposes of this section:

"Accessible" means that insurance is available in the geographic region where the child resides.
"Child support guidelines" means the child support guidelines that are adopted by the state supreme court pursuant to 42 United States Code sections 651 through 669B.
"Date of separation" means the date the married parents ceased to cohabit.
"Reasonable cost" means an amount that does not exceed the higher of five per cent of the gross income of the obligated parent or an income-based numeric standard that is prescribed in the child support guidelines.
"Support" has the same meaning prescribed in section 25-500.
"Support payments" means the amount of money ordered by the court to be paid for the support of the minor child or children.

§ 25-320.02 Self-employed parent; tax practitioner; definition

A. On request of either parent or on the court's own motion, before the court enters an order for child support pursuant to section 25-320, the court may order both parents to meet with a federally authorized tax practitioner if at least one of the parents is self-employed. The federally authorized tax practitioner shall review the accuracy of the self-employed parent's records and submit a written report to the court to help it determine the child support obligation.

B. Each parent may submit to the court the names of not more than two federally authorized tax practitioners. If the parents cannot agree on a federally authorized tax practitioner to conduct the review, the court shall make this choice from a list of names submitted by the parents.

C. The court shall determine which parent shall pay for the cost of the federally authorized tax practitioner or determine each parent's share of this cost.

D. For the purposes of this section, "federally authorized tax practitioner" has the same meaning prescribed in section 42-2069.

§ 25-321 Representation of child by counsel; fees

The court may appoint an attorney to represent the interests of a minor or dependent child with respect to the child's support, custody and parenting time. The court may enter an order for costs, fees and disbursements in favor of the child's attorney. The order may be made against either or both parents.

§ 25-322 Payment of maintenance or support; records; disclosure

A. Except as provided in section 46-441, the court shall order that maintenance or support payments be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise.

B. The clerk of the court or the support payment clearinghouse shall maintain records listing the amount of payments, the date payments are required to be made, the names and addresses of the parties affected by the order and the name and address of the employer or employers of the party ordered to pay support or spousal maintenance.

C. Unless the court has ordered otherwise the parties affected by the order shall inform the clerk of the court or the support payment clearinghouse in writing on entry of the order of their residential address and within ten days of any change of address. A party ordered to pay support or maintenance shall also inform the clerk or the support payment clearinghouse in writing of the name and address of that person's employer or employers and within ten days of any change of employment. If a person fails to notify the clerk of the court or the support payment clearinghouse of a change in residential address or employment the court may hold the person in contempt of court.

D. If the person obligated to pay support has left or is beyond the jurisdiction of the court, any party may institute any other proceeding available under the laws of this state for enforcement of the duties of support and maintenance.

E. On application by any person entitled to receive child support or spousal maintenance and for good cause shown, the superior court may direct an agency or officer of this state to disclose information and documents in the agency's or officer's possession that may assist the applicant or the court to determine the obligor's income, residence, place of employment, assets and debts, except that the residence and place of employment shall not be disclosed if the court finds the obligor has been the victim of domestic violence.

§ 25-323 Assignments

A. Pursuant to the requirements of section 25-504, in any proceeding in which the court orders a person to pay support as defined in section 25-500 the court shall, and in any proceeding in which the court orders a person to pay spousal maintenance the court may, assign to the person or agency entitled to receive the support or spousal maintenance that portion of that person's earnings, income, entitlements or other monies without regard to source as necessary to pay the amount ordered by the court.

B. The court may also issue an ex parte order of assignment pursuant to section 25-504 for support as defined in section 25-500, spousal maintenance or arrearages of or interest on a judgment for spousal maintenance.

C. The court may terminate or adjust orders of assignment pursuant to section 25-504.

§ 25-323.03 Forms; alternative forms

A. The petition or request for assignment, order for assignment, notices to obligor and employer, request for hearing and motion to quash or request to stop or modify the order of assignment shall be on forms prescribed by the supreme court and shall be furnished by the clerk of the superior court as required by law or on request of any obligor, payee or employer.

B. Any party to a proceeding for assignment may use documents other than those provided pursuant to this section if the documents are substantially similar to those prescribed by the supreme court pursuant to this section.

§ 25-324 Attorney fees

A. The court from time to time, after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings, may order a party to pay a reasonable amount to the other party for the costs and expenses of maintaining or defending any proceeding under this chapter or chapter 4, article 1 of this title. On request of a party or another court of competent jurisdiction, the court shall make specific findings concerning the portions of any award of fees and expenses that are based on consideration of financial resources and that are based on consideration of reasonableness of positions. The court may make these findings before, during or after the issuance of a fee award.

B. If the court determines that a party filed a petition under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party:

The petition was not filed in good faith.
The petition was not grounded in fact or based on law.
The petition was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.

C. For the purpose of this section, costs and expenses may include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including any appeal.

D. The court may order all amounts paid directly to the attorney, who may enforce the order in the attorney's name with the same force and effect, and in the same manner, as if the order had been made on behalf of any party to the action.

§ 25-325 Decree; finality; restoration of maiden name

A. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree that dissolves the marriage beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the execution of the order stayed pending the appeal.

B. Either party to a decree of legal separation may file a petition for dissolution of marriage in accordance with the requirements of section 25-314. The petition shall be filed under the same case number as the legal separation but shall be considered and shall proceed as a new and separate action with service of process in accordance with rule 40 of the Arizona rules of family law procedure. The court may enter a decree of dissolution of marriage in the new action in accordance with section 25-312 on terms that are just and without regard to section 25-327, subsection A, except that the provisions as to property disposition in the decree of legal separation or any property settlement agreement approved by the court may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.

C. On request by a party at any time before the signing of the decree of dissolution or annulment by the court, the court shall order that the party's requested former name be restored.

§ 25-326 Independence of provisions of decree or temporary order; forms

A. If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit parenting time is not suspended, but the other party may petition or request the court to grant an appropriate order.

B. The petition or request shall be in a form prescribed by the supreme court, which shall be furnished by the clerk of the superior court on request of any party. The party may use a document other than one provided pursuant to this section if the document is substantially similar to the one prescribed by the supreme court pursuant to this section.

§ 25-327 Modification and termination of provisions for maintenance, support and property disposition

A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination.

B. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance.

C. Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a minor child are not terminated by the death of a parent obligated to support the child. If a parent obligated to pay support dies, the amount of future support may be modified, revoked or commuted to a lump sum payment to the extent just and appropriate in the circumstances and has priority equal to the right for family allowance in section 14-2404. Past due support has priority equal to claims provided for in section 14-3805, subsection A, paragraph 6.

D. Notwithstanding any other law, pursuant to a petition filed pursuant to this section the court may suspend the imposition of future interest that accrues on a judgment for support issued pursuant to this article for the period of time that the petitioner is incarcerated or has physical or mental disabilities to the extent that the person is unable to maintain employment.

§ 25-328 Sequence of trials when custody or parenting time is an issue

A. In all cases when custody or parenting time is a contested issue, the court shall first hear and decide all other issues including maintenance and child support if requested to do so by the petitioner, the respondent or the child's attorney. The request shall be in the form of a written demand filed with a motion to set or a controverting certificate.

B. On stipulation of the parties, the court shall first hear and decide custody or parenting time issues.

C. In the absence of a request or stipulation made pursuant to this section, the court may try any issue separately and in any sequence.

§ 25-329 Waiting period

The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a decree of dissolution of marriage or legal separation until sixty days after the date of service of process or the date of acceptance of process.

§ 25-330 Employer cooperation

Either party to an order for support or maintenance or an agency that has obtained a judgment in its favor in a paternity action or an action to establish child support may request information from an employer, payor or self-employed person pursuant to section 25-513.

§ 25-331 Notification requirements

A. In all proceedings brought pursuant to this title, the court shall provide the following written notification to all parties:

You may request conclusions of fact and law on the following issues, if they are contested: the issues of child custody, relocation requests, spousal maintenance, community property, community debt and child support. To request conclusions of fact and law, you must file a written request with the court before the trial or the evidentiary hearing. If you make a written request before the trial or evidentiary hearing, the court will make conclusions of fact and law as part of the final decision.

B. The court shall provide the notification required by subsection A to all parties in the minute entry setting the case for a trial or evidentiary hearing.

Article 4 Alienation of Affections

§ 25-341 Abrogation of alienation of affections action

The common law cause of action for alienation of affections is abolished.

Article 5 Domestic Relations Education on Children's Issues

§ 25-351 Domestic relations education; plan; administration

A. The superior court in each county shall adopt and implement an educational program for the purpose of educating persons about the impact of divorce on adults and children.

B. The supreme court shall adopt minimum standards for educational programs. The presiding judge of the superior court in each county shall submit an educational program plan to the supreme court for approval. The plan shall be consistent with the minimum standards that are adopted by the supreme court, including the length and nature of the program, the qualifications of program providers and the means by which the program will be evaluated and maintained. Beginning January 1, 2013, these standards shall require that educational programs at a minimum include instruction related to all of the following:

The emotional, psychological, financial, physical and other short-term and long-term effects of divorce on adults and children.
Options available as alternatives to divorce.
Resources available to improve or strengthen marriage.
The legal process of divorce and options available for mediation.
Resources available after divorce.

C. Each program shall also include information regarding the notification requirements of section 25-403.05, subsection B.

D. The presiding judge of the superior court or a judge who is designated by the presiding judge shall administer the program in each county and may provide or contract with political subdivisions in this state or private entities to provide the program to participants who are required to attend.

§ 25-352 Applicability of program; compliance

A. In an action for dissolution of marriage, legal separation or annulment that involves a natural or an adopted minor, unemancipated child who is common to the parties or in any paternity proceeding under chapter 6, article 1 of this title in which a party has requested that the court determine custody, specific parenting time or child support, the court shall order the parties to complete an educational program as prescribed by this article, unless any of the following applies:

On its own motion or the motion of either party the court determines that participation is not in the best interests of the parties or the child.
A party is or will be enrolled in an education program that the court deems comparable.
The court determines that a party previously has completed an educational program adopted pursuant to this article or a comparable program. The court may order a party to attend a program more than once.

B. In an action or proceeding involving child support or the modification or enforcement of parenting time or custody, the court may order either party or both parties to complete an educational program as prescribed by this article.

C. If the parties have a history of domestic violence as defined in section 13-3601 the court may enter appropriate orders that set forth the manner in which the parties shall participate in the program and shall make reasonable efforts to protect the safety of the participants.

D. Each party shall complete the educational program within the time ordered by the judge. The judge may extend the deadline for compliance.

§ 25-353 Failure to comply

Unless the court excuses a party's participation, if a party fails to complete the educational program as ordered pursuant to section 25-352 the court may deny relief in favor of that party, hold that party in contempt of court or impose any other sanction reasonable in the circumstances.

§ 25-354 Children's issues education fund; report

A. A children's issues education fund is established in each county treasury to implement an educational program as prescribed by this article. The presiding judge of the superior court in the county shall administer the fund.

B. The fund consists of monies collected pursuant to section 25-355.

C. The county treasurer shall disburse monies from the fund only at the direction of the presiding judge of the superior court.

D. On notice of the presiding judge of the superior court, the county treasurer shall invest monies in the fund and monies earned from investment shall be credited to the fund.

E. Monies that are expended from the fund shall be used to supplement, not supplant, any state or county appropriations that would otherwise be available for programs that are established pursuant to this article.

F. On or before August 10 of each year, the county treasurer shall submit a report to the presiding judge that shows the amount of monies in the children's issues education fund.

§ 25-355 Fees; deferral or waiver

Each person who attends the educational program required by the court pursuant to section 25-352 may be required to pay to the clerk of the superior court a fee not to exceed fifty dollars that covers the cost of the program. The fee may be deferred or waived pursuant to section 12-302. Notwithstanding any other law, fees paid under this section shall be used exclusively for the purposes of domestic relations education programs that are established pursuant to section 25-351. The clerk shall transmit monthly the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the children's issues education fund established by section 25-354.

Article 7 Court of Conciliation

§ 25-381.01 Purposes of article

The purposes of this article are to promote the public welfare by preserving, promoting and protecting family life and the institution of matrimony, to protect the rights of children, and to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies.

§ 25-381.02 Definitions

In this article, unless the context otherwise requires:

"Conciliation court" means a court of conciliation provided for in this article.

§ 25-381.03 Applicability of article; determination by superior court

The provisions of this article shall apply in every county where the superior court has by rule or order established a conciliation court. Such superior court shall thereafter have jurisdiction under the provisions of this article.

§ 25-381.04 Assignment of judges; number of sessions

In counties having more than one judge of the superior court, the presiding judge may annually, in the month of January, designate at least one judge to hear all cases under this article. The judge or judges so designated shall hold as many sessions of the conciliation court in each week as are necessary for the prompt disposition of the business before the court.

§ 25-381.05 Transfer of cases; reason; duties of transferee judge

The judge of the conciliation court may transfer any case before the conciliation court pursuant to this article to the presiding judge of the superior court for trial or other proceedings by another judge of the court whenever, in the opinion of the judge of the conciliation court, such transfer is necessary to expedite the business of the conciliation court or to insure the prompt consideration of the case. When any case is so transferred, the judge to whom it is transferred shall act as the judge of the conciliation court in the matter.

§ 25-381.06 Court assistants; salaries; appointments

A. The superior court may appoint the following persons to assist the conciliation court in disposing of its business:

A competent person to act as director of conciliation.
Such associate directors, family counselors, social workers, investigators, stenographers and clerks as the court shall find necessary to carry out the work of the conciliation court.

B. The appointments provided for in this section shall be made by and may be terminated by the judge of the conciliation court and may be made in addition to all other appointments authorized by law. All of the employees provided for in this section shall be allowed actual traveling and necessary expenses incurred while engaged in the discharge of the duties of their office, and shall be paid salaries comparable to other personnel employed by the superior court in the discharge of its duties.

§ 25-381.07 Director of conciliation; powers and duties

The director of conciliation shall, upon the order of the judge of the conciliation court:

Investigate the facts upon which to base warrants, subpoenas, orders or directions in action or proceedings filed in or transferred to the conciliation court pursuant to this article.
Hold conciliation conferences with parties to, and hearings in, proceedings under this article, and report the results of such proceedings to the judge of the conciliation court.
Provide such supervision in connection with the exercise of its jurisdiction as the judge of the conciliation court may order.
Cause the orders and findings of the judge of the conciliation court to be entered in the same manner as orders and findings are entered in domestic relations cases in superior court.
Cause such reports to be made, such statistics to be compiled, and such reports to be kept as the judge of the conciliation court may direct.

§ 25-381.08 Jurisdiction

Whenever any controversy exists between spouses which may, unless a reconciliation is achieved, result in the legal separation, dissolution or annulment of the marriage or in the disruption of the household, and there is any minor child of the spouses or either of them whose welfare might be affected thereby, the conciliation court shall have jurisdiction over the controversy, and over the parties thereto and all persons having any relation to the controversy, as further provided in this article.

§ 25-381.09 Petition invoking jurisdiction or for transfer of action to conciliation court

Prior to the filing of any action for annulment, dissolution of marriage, or legal separation, either spouse, or both spouses, may file in the conciliation court a petition invoking the jurisdiction of the court for the purpose of preserving the marriage by effecting a conciliation between the parties or for amicable settlement of the controversy between the spouses so as to avoid further litigation over the issue involved. In any case where an action for annulment, dissolution of marriage, or legal separation has been filed, either party thereto may by petition filed therein have the cause transferred to the conciliation court for proceedings in the same manner as though action had been instituted in the conciliation court in the first instance.

§ 25-381.10 Petition; caption

The petition shall be captioned substantially as follows:

In the Superior Court of the State of Arizona in and

for the County of _________________

Upon the petition of

____________________ Petition for conciliation

(Petitioner) under the Court of

and concerning Conciliation Law

____________________ and

____________________ respondents

§ 25-381.11 Petition; contents

The petition shall:

Allege that a controversy exists between the spouses and request the aid of the conciliation court to effect a reconciliation or an amicable settlement of the controversy.
State the name and age of each minor child whose welfare may be affected by the controversy.
State the name and address of the petitioner or petitioners.
If the petition is presented by one spouse only, name the other spouse as a respondent and state the address of that spouse.
Name as a respondent any other person who has any relation to the controversy and state the address of the person if known to the petitioner.
State such other information as the conciliation court may by rule require.

§ 25-381.12 Blank forms; assistance in preparing and presenting petition

The clerk of the court shall provide, at the expense of the county, blank forms for petitions for filing pursuant to this article. The employees of the conciliation court shall assist any person in the preparation and presentation of any such petition when requested to do so.

§ 25-381.13 Fees

No fee shall be charged for filing the petition, nor shall any fee be charged by any officer for the performance of any duty pursuant to this article.

§ 25-381.14 Hearing; time; place; notice; citation; witnesses

The judge of the conciliation court shall fix a reasonable time and place for hearing on the petition, said hearing to be held within thirty days of the date of the filing of the petition, unless the court for good cause orders such hearing to be held within forty-five days from the date of filing the petition. The court shall cause notice of the filing of the petition and of the time and place of the hearing as it deems necessary to be given to the respondents. The court may, when it deems it necessary, issue a citation to any respondent requiring him to appear at the time and place stated in the citation, and may require the attendance of witnesses as in other civil suits.

§ 25-381.15 Time and place of holding hearings

Hearings pursuant to this article may be held at any time and place within the county, and may be held in chambers or otherwise, except that the time and place for hearing shall not be different from the time and place provided by law for the trial of civil actions if any party, prior to the hearing, objects to any different time or place.

§ 25-381.16 Conduct of hearing; recommendations; aid of specialists; expense; confidential communications

A. A person designated by the judge of the conciliation court shall conduct an informal hearing as a conference or series of conferences to effect a reconciliation of the spouses or an amicable adjustment or settlement of the issues.

B. At the conclusion of the hearing the designated person shall submit a report to the director of conciliation who shall review it and shall report the results of the hearing to the judge of the conciliation court. The judge of the conciliation court may, and on request of one or both of the parties shall, order further hearings in pursuance of this article.

C. To facilitate and promote the purposes of this article, the court may, with the consent of both of the parties to the action, recommend or invoke the aid of appropriate resources such as physicians, psychiatrists, social agencies or other individuals or agencies including clergymen of the religious denomination to which the parties belong or may request. No reports of any such individual or agency available to the court shall be filed with or become a part of the records of the case. Any such aid shall not be at the expense of the court or of the county unless the county board of supervisors shall authorize such aid.

D. Hearings or conferences conducted pursuant to this article for the purpose of effecting a reconciliation of the spouses or an amicable adjustment or settlement of issues shall be held in private, and the court shall exclude all persons except the officers of the court, the parties, their counsel and witnesses. Hearings or conferences may be held with each party and his counsel separately and, in the discretion of the judge, commissioner or counselor conducting the hearing or conference, counsel for one party may be excluded when the adverse party is present. All communications, verbal or written, from the parties to the judge, commissioner or counselor in a proceeding under this article shall be deemed confidential communications, and shall not be disclosed without the consent of the party making such communication.

§ 25-381.17 Orders; duration of effectiveness; reconciliation agreement

A. The judge of the conciliation court shall have full power to make, alter, modify, and enforce all orders or temporary orders, orders for custody of children, restraining orders, preliminary injunctions and orders affecting possession of property, as may appear just and equitable, but such orders shall not be effective for more than the period of the stay under section 25-381.18, unless the parties mutually consent to a continuation of such time.

B. Any reconciliation agreement between the parties may be reduced to writing and, with the consent of the parties, a court order may be made requiring the parties to comply fully therewith.

§ 25-381.18 Dissolution of marriage; legal separation; annulment; stay of right to file; jurisdiction for pending actions

A. During a period beginning on the filing of a petition for conciliation and continuing until sixty days after the filing of the petition for conciliation, neither spouse shall file any action for annulment, dissolution of marriage or legal separation, and, on the filing of a petition for conciliation, proceedings then pending in the superior court are stayed and the case shall be transferred to the conciliation court for hearing and further disposition as provided in this article. All restraining, support, maintenance or custody orders issued by the superior court remain in full force and effect until vacated or modified by the conciliation court or until they expire by their own terms.

B. If either party wishes to extend the stay prescribed pursuant to subsection A, that party must file a petition with the court that states the basis for the extension and includes a plan for reconciliation or a counseling schedule. The court may grant a reasonable extension of up to one hundred twenty days if the moving party establishes good cause for the extension. The court shall not grant an extension if the other party objects with good cause.

C. If, after the expiration of the period prescribed in subsection A and any extension granted pursuant to subsection B, the controversy between the spouses has not been terminated, either spouse may institute proceedings for annulment of marriage, dissolution of marriage or legal separation by filing in the clerk's office additional pleadings complying with the requirements relating to annulment of marriage, dissolution of marriage or legal separation, respectively, or either spouse may proceed with the action previously stayed, and the conciliation court has full jurisdiction to hear, try and determine the action for annulment of marriage, dissolution of marriage or legal separation and to retain jurisdiction of the case for further hearings on decrees or orders to be made. The conciliation provisions of this article may be used in regard to postdissolution problems concerning maintenance support, parenting time or contempt or for modification based on changed conditions in the discretion of the conciliation court.

D. On the filing of an action for annulment, dissolution of marriage or legal separation and after the expiration of sixty days from the service or the acceptance of service of process on or by the defendant, neither spouse without the consent of the other may file a petition invoking the jurisdiction of the conciliation court, as long as the domestic relations case remains pending, unless it appears to the court that the filing will not delay the orderly processes of the pending action, in which event the court may accept the petition and the filing of the petition has the same effect as the filing of any such petition within such sixty days after the service or acceptance of process.

§ 25-381.19 Transfer of certain actions where minor child involved

Whenever any action for annulment of marriage, dissolution of marriage, or legal separation is filed in the superior court and it appears to the court at any time during the pendency of the action that there is any minor child of the spouses or either of them whose welfare may be adversely affected by the dissolution or annulment of the marriage, legal separation or the disruption of the household, and there appears to be some reasonable possibility of a reconciliation being effected, the case may be transferred to the conciliation court for proceedings for reconciliation of the spouses or amicable settlement of issues in controversy in accordance with the provisions of this article.

§ 25-381.20 Procedure in actions where no child is involved; conciliation court may accept case

Whenever application is made to the conciliation court for conciliation proceedings in respect to a controversy between spouses or a contested action for annulment of marriage, dissolution of marriage, or legal separation, but there is no minor child whose welfare might be affected by the results of the controversy, and it appears to the court that reconciliation of the spouses or amicable adjustment of the controversy can probably be achieved, and that the work of the court in cases involving children will not be seriously impeded by acceptance of the case, the court may accept and dispose of the case in the same manner as similar cases involving the welfare of children are disposed of. In the event of such application and acceptance, the court shall have the same jurisdiction over the controversy and the parties thereto or having any relation thereto that it has under this article in similar cases involving the welfare of children.

§ 25-381.21 Construction of article

Except as specifically and expressly so provided, nothing in this article is intended or shall be construed to repeal, modify, or change in any respect whatsoever the laws relating to annulment of marriage, dissolution of marriage, or legal separation, and the court of conciliation shall, when application for such relief is made as provided in this article, apply such laws in the same manner as if action had been brought thereunder in the first instance in the superior court, but the conciliation procedures of the conciliation court shall be applied to arrive at an amicable settlement of all issues in controversy.

§ 25-381.22 Subsequent petition filed within one year

Once a petition by either or both of the spouses has been filed as permitted by section 25-381.09, the filing of any subsequent petition under such section within one year thereafter by either or both of the spouses shall not stay any action for annulment, dissolution of marriage, or legal separation then pending nor prohibit the filing of such an action by either party. The filing of a subsequent petition by either or both of the spouses more than one year after the filing of any previous petition with such effect shall have the same effect toward staying any domestic relations action then pending and toward prohibiting the filing of any such action as provided in section 25-381.18.

§ 25-381.23 Option for mandatory conciliation

In those counties in which the superior court has by rule or order established a conciliation court, the judge or judges of the conciliation court may, by local rule, with the approval of the presiding judge of the superior court in that county, require one or more hearings or conferences at which the parties must attend in order to further the purposes of this article. The court may also grant exemptions from such a local and mandatory rule if to do otherwise would cause undue hardship.

§ 25-381.24 Counseling

The conciliation court, in counties having a population of less than two hundred thousand persons according to the most recent United States census, may contract with qualified marriage and family counselors to provide counseling services.

Chapter 4 Legal Decision-Making and Parenting Time

Article 1 Legal Decision-Making and Parenting Time

§ 25-401 Definitions

In this chapter, unless the context otherwise requires:

"In loco parentis" means a person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time.
"Joint legal decision-making" means both parents share decision-making and neither parent's rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.
"Legal decision-making" means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. For the purposes of interpreting or applying any international treaty, federal law, a uniform code or the statutes of other jurisdictions of the United States, legal decision-making means legal custody.
"Legal parent" means a biological or adoptive parent whose parental rights have not been terminated. Legal parent does not include a person whose paternity has not been established pursuant to section 25-812 or 25-814.
"Parenting time" means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care.
"Sole legal decision-making" means one parent has the legal right and responsibility to make major decisions for a child.
"Visitation" means a schedule of time that occurs with a child by someone other than a legal parent.

§ 25-402 Jurisdiction

A. Before it conducts a proceeding concerning legal decision-making or parenting time, including a proceeding to determine the legal decision-making or visitation of a nonparent, a court in this state first must confirm its authority to do so to the exclusion of any other state, Indian tribe or foreign nation by complying with the uniform child custody jurisdiction and enforcement act, the parental kidnapping prevention act and any applicable international law concerning the wrongful abduction or removal of children.

B. The following persons may request legal decision-making or parenting time under the following circumstances:

A parent in any proceeding for marital dissolution, legal separation, annulment, paternity or modification of an earlier decree or judgment.
A person other than a parent, by filing a petition for third party rights under section 25-409 in the county in which the child permanently resides.

§ 25-403 Legal decision-making; best interests of child

A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child's physical and emotional well-being, including:

The past, present and potential future relationship between the parent and the child.
The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.
The child's adjustment to home, school and community.
If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.
The mental and physical health of all individuals involved.
Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.
Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.
Whether there has been domestic violence or child abuse pursuant to section 25-403.03.
The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.
Whether a parent has complied with chapter 3, article 5 of this title.
Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

B. In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

§ 25-403.01 Sole and joint legal decision-making and parenting time

A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making.

B. In determining the level of decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:

The agreement or lack of an agreement by the parents regarding joint legal decision-making.
Whether a parent's lack of an agreement is unreasonable or is influenced by an issue not related to the child's best interests.
The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint legal decision-making.
Whether the joint legal decision-making arrangement is logistically possible.

C. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan.

D. A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child's physical, mental, moral or emotional health.

§ 25-403.02 Parenting plans

A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan.

B. Consistent with the child's best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent's proposed plan because of the parent's or child's gender.

C. Parenting plans shall include at least the following:

A designation of the legal decision-making as joint or sole as defined in section 25-401.
A description of each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.
A practical schedule of parenting time for the child, including holidays and school vacations.
A procedure for the exchanges of the child, including location and responsibility for transportation. The parenting plan must specify when the exchange is required to take place at a safe exchange location pursuant to section 25-403.10.
A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section 25-408, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.
A procedure for periodic review of the plan's terms by the parents.
A procedure for parents to communicate with each other about the child, including methods and frequency.
A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B.

D. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

E. Shared legal decision-making does not necessarily mean equal parenting time.

§ 25-403.03 Domestic violence and child abuse

A. Notwithstanding subsection D of this section, joint legal decision-making shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.

B. The court shall consider evidence of domestic violence as being contrary to the best interests of the child. The court shall consider the safety and well-being of the child and of the victim of the act of domestic violence to be of primary importance. The court shall consider a perpetrator's history of causing or threatening to cause physical harm to another person.

C. To determine if a person has committed an act of domestic violence the court, subject to the rules of evidence, shall consider all relevant factors including the following:

Findings from another court of competent jurisdiction.
Police reports.
Medical reports.
Records of the department of child safety.
Domestic violence shelter records.
School records.
Witness testimony.

D. If the court determines that a parent who is seeking sole or joint legal decision-making has committed an act of domestic violence against the other parent, there is a rebuttable presumption that an award of sole or joint legal decision-making to the parent who committed the act of domestic violence is contrary to the child's best interests. This presumption does not apply if both parents have committed an act of domestic violence. For the purposes of this subsection, a person commits an act of domestic violence if that person does any of the following:

Intentionally, knowingly or recklessly causes or attempts to cause sexual assault or serious physical injury.
Places a person in reasonable apprehension of imminent serious physical injury to any person.
Engages in a pattern of behavior for which a court may issue an ex parte order to protect the other parent who is seeking child custody or to protect the child and the child's siblings.

E. To determine if the parent has rebutted the presumption the court shall consider all of the following:

Whether the parent has demonstrated that being awarded sole or joint legal decision-making or substantially equal parenting time is in the child's best interests.
Whether the parent has successfully completed a batterer's prevention program.
Whether the parent has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate.
Whether the parent has successfully completed a parenting class, if the court determines that a parenting class is appropriate.
If the parent is on probation, parole or community supervision, whether the parent is restrained by a protective order that was granted after a hearing.
Whether the parent has committed any further acts of domestic violence.

F. If the court finds that a parent has committed an act of domestic violence, that parent has the burden of proving to the court's satisfaction that parenting time will not endanger the child or significantly impair the child's emotional development. If the parent meets this burden to the court's satisfaction, the court shall place conditions on parenting time that best protect the child and the other parent from further harm. The court may:

Order that an exchange of the child must occur in a protected setting as specified by the court.
Order that an agency specified by the court must supervise parenting time. If the court allows a family or household member to supervise parenting time, the court shall establish conditions that this person must follow during parenting time.
Order the parent who committed the act of domestic violence to attend and complete, to the court's satisfaction, a program of intervention for perpetrators of domestic violence and any other counseling the court orders.
Order the parent who committed the act of domestic violence to abstain from possessing or consuming alcohol or controlled substances during parenting time and for twenty-four hours before parenting time.
Order the parent who committed the act of domestic violence to pay a fee for the costs of supervised parenting time.
Prohibit overnight parenting time.
Require a bond from the parent who committed the act of domestic violence for the child's safe return.
Order that the address of the child and the other parent remain confidential.
Impose any other condition that the court determines is necessary to protect the child, the other parent and any other family or household member.

G. The court shall not order joint counseling between a victim and the perpetrator of domestic violence. The court may provide a victim with written information about available community resources related to domestic violence.

H. The court may request or order the services of the department of child safety if the court believes that a child may be the victim of child abuse or neglect as defined in section 8-201.

I. In determining whether the absence or relocation of a parent shall be weighed against that parent in determining legal decision-making or parenting time, the court may consider whether the absence or relocation was caused by an act of domestic violence by the other parent.

§ 25-403.04 Substance abuse

A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under title 13, chapter 34 or any violation of section 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for legal decision-making or parenting time is filed, there is a rebuttable presumption that sole or joint legal decision-making by that parent is not in the child's best interests. In making this determination the court shall state its:

Findings of fact that support its determination that the parent abused drugs or alcohol or was convicted of the offense.
Findings that the legal decision-making or parenting time arrangement ordered by the court appropriately protects the child.

B. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence:

The absence of any conviction of any other drug offense during the previous five years.
Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title 13, chapter 34.
Results of alcohol or drug screening provided by a facility approved by the department of health services.

§ 25-403.05 Sexual offenders; murderers; legal decision-making and parenting time; notification of risk to child

A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint legal decision-making of a child or unsupervised parenting time with a child if the person:

Is a registered sex offender.
Has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of the order. In making its finding, the court may consider, among other factors, the following:

(a) Credible evidence that the convicted parent was a victim of domestic violence, as defined in section 13-3601, committed by the murdered parent.

(b) Testimony of an expert witness that the convicted parent suffered trauma from abuse committed by the murdered parent.

B. A child's parent or custodian must immediately notify the other parent or custodian if the parent or custodian knows that a convicted or registered sex offender or a person who has been convicted of a dangerous crime against children as defined in section 13-705 may have access to the child. The parent or custodian must provide notice by first class mail, return receipt requested, by electronic means to an electronic mail address that the recipient provided to the parent or custodian for notification purposes or by other communication accepted by the court.

§ 25-403.06 Parental access to prescription medication and records

A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.

B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.

C. A parent with joint legal custody shall not designate one pharmacy in a single location as the only source of the child's prescription medication without agreement of the other parent.

D. A parent who attempts to restrict the release of documents or information by the custodian or attempts to withhold prescription medication without a prior court order is subject to appropriate legal sanctions.

§ 25-403.07 Identification of a primary caretaker and public assistance

The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for the purposes of defining eligibility for public assistance. This finding does not diminish the rights of either parent and does not create a presumption for or against either parent in a proceeding for the modification of a legal decision-making or parenting time order.

§ 25-403.08 Resources and fees

A. In a proceeding regarding sole or joint legal decision-making or parenting time, either party may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the hearing.

B. If the court finds there is a financial disparity between the parties, the court may order payment of reasonable fees, expenses and costs to allow adequate preparation.

§ 25-403.09 Child support

A. For any parenting time order entered under this article, the court shall determine an amount of child support in accordance with section 25-320 and guidelines established pursuant to that section.

B. An award of joint legal decision-making or a substantially equal parenting time plan does not diminish the responsibility of either parent to provide for the support of the child.

§ 25-403.10 Parenting time; safe exchange locations; court order

A. In any proceeding in which the court enters a parenting plan or a legal decision-making or parenting plan order, including the modification of an existing parenting plan or a legal decision-making or parenting plan order, the court may enter an order requiring the parties to exchange custody of the minor child at a safe exchange location if the court finds that it is in the best interests of the child.

B. A safe exchange location includes any of the following:

A designated neutral safe exchange location pursuant to section 11-452.
A location approved by the court.
A location agreed to by the parties.

§ 25-404 Temporary orders

A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings.

B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order is vacated unless a parent or the child's custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued.

C. If a legal decision-making or parenting time proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody order thereby is vacated.

§ 25-405 Interviews by court; professional assistance

A. The court may interview the child in chambers to ascertain the child's wishes as to the child's custodian and as to parenting time.

B. The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in writing and shall be made available by the court to counsel, on request, under such terms as the court determines. Counsel may examine as a witness any professional personnel consulted by the court, unless that right is waived.

§ 25-406 Investigations and reports

A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. The investigation and report may be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person. The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C of this section.

B. If an investigation and report are ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties.

C. The court shall require a court appointed attorney for a child, a court appointed advisor or any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the following minimum standards:

Six initial hours of training on domestic violence.
Six initial hours of child abuse training.
Four subsequent hours of training every two years on domestic violence and child abuse.

D. A person who has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C of this section if the training included at least six hours each on domestic violence and child abuse and meets the minimum standards. Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C of this section if the training meets the minimum standards.

E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C of this section.

F. In preparing a report concerning a child, the investigator may consult any person who may have information about the child or the child's potential legal decision-making and parenting time arrangements.

G. The court shall mail the investigator's report to counsel at least ten days before the hearing. The investigator shall make available to counsel the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call for examination of the investigator and any person consulted by the investigator.

§ 25-407 Legal decision-making and parenting time hearings; priority; costs; record

A. Legal decision-making and parenting time proceedings shall receive priority in being set for hearing. If a party to a legal decision-making or parenting time action files a motion for temporary orders in any pre-decree matter, the court shall hold an evidentiary hearing within sixty days after the party files the motion unless:

The filing party waives the requirement for a hearing to be conducted within sixty days after the party files the motion.
Temporary orders are established through a separate conference or hearing within sixty days after the party files the motion.
Extraordinary circumstances exist and the court is not able to schedule the hearing. If the court is not able to schedule the hearing within sixty days after the motion is filed, it must make a written finding on the record as to the cause of the delay.

B. Subsection A of this section does not preclude any other conference or hearing.

C. The court may charge as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interest of the child.

D. The court, without a jury, shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a custody hearing, but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.

E. If the court finds that to protect the child's welfare, the record of any interview, report, investigation or testimony in a legal decision-making or parenting time proceeding should be kept secret, the court may then make an appropriate order sealing the record.

§ 25-408 Rights of each parent; parenting time; relocation of child; exception; enforcement; access to prescription medication and records

A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the state, at least forty-five days' advance written notice shall be provided to the other parent before a parent may do either of the following:

Relocate the child outside the state.
Relocate the child more than one hundred miles within the state.

B. The notice required by this section shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of family law procedure. The court shall sanction a parent who, without good cause, does not comply with the notification requirements of this subsection. The court may impose a sanction that will affect legal decision-making or parenting time only in accordance with the child's best interests.

C. Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. This subsection does not prohibit a parent who is seeking to relocate the child from petitioning the court for a hearing, on notice to the other parent, to determine the appropriateness of a relocation that may adversely affect the other parent's legal decision-making or parenting time rights.

D. Subsection A of this section does not apply if provision for relocation of a child has been made by a court order or a written agreement of the parties that is dated within one year of the proposed relocation of the child.

E. If a child is relocated pursuant to this section, unless otherwise ordered by the court, all parties must continue to comply with current court orders, regardless of distance moved or notice required.

F. Pending the determination by the court of a petition or application to prevent relocation of the child:

A parent with sole legal decision-making or a parent with joint legal decision-making and primary residence of a child who is required by circumstances of health, safety, employment or eviction of that parent or that parent's spouse to relocate in less than forty-five days after written notice has been given to the other parent may temporarily relocate with the child.
A parent who shares joint legal decision-making and substantially equal parenting time and who is required by circumstances of health, safety, employment or eviction of that parent or that parent's spouse to relocate in less than forty-five days after written notice has been given to the other parent may temporarily relocate with the child only if both parents execute a written agreement to permit relocation of the child.

G. The court shall determine whether to allow the parent to relocate the child in accordance with the child's best interests. The burden of proving what is in the child's best interests is on the parent who is seeking to relocate the child. To the extent practicable the court shall also make appropriate arrangements to ensure the continuation of a meaningful relationship between the child and both parents.

H. The court shall not deviate from a provision of any parenting plan or other written agreement by which the parents specifically have agreed to allow or prohibit relocation of the child unless the court finds that the provision is no longer in the child's best interests. There is a rebuttable presumption that a provision from any parenting plan or other written agreement is in the child's best interests.

I. In determining the child's best interests the court shall consider all relevant factors including:

The factors prescribed under section 25-403.
Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.
The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.
The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.
Whether the relocation will allow a realistic opportunity for parenting time with each parent.
The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.
The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.
The potential effect of relocation on the child's stability.

J. The court shall assess attorney fees and court costs against either parent if the court finds that the parent has unreasonably denied, restricted or interfered with court-ordered parenting time.

K. Pursuant to section 25-403.06, each parent is entitled to have access to prescription medication, documents and other information about the child unless the court finds that access would endanger seriously the child's or a parent's physical, mental, moral or emotional health.

§ 25-409 Third party rights

A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. The court shall summarily deny a petition unless it finds that the petitioner's initial pleading establishes that all of the following are true:

The person filing the petition stands in loco parentis to the child.
It would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making.
A court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition pursuant to this section, unless there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health.
One of the following applies:

(a) One of the legal parents is deceased.

(b) The child's legal parents are not married to each other at the time the petition is filed.

(c) A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

B. Notwithstanding subsection A of this section, it is a rebuttable presumption that awarding legal decision-making to a legal parent serves the child's best interests because of the physical, psychological and emotional needs of the child to be reared by a legal parent. A third party may rebut this presumption only with proof showing by clear and convincing evidence that awarding legal decision-making to a legal parent is not consistent with the child's best interests.

C. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for visitation with a child. The superior court may grant visitation rights during the child's minority on a finding that the visitation is in the child's best interests and that any of the following is true:

One of the legal parents is deceased or has been missing at least three months. For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.
The child was born out of wedlock and the child's legal parents are not married to each other at the time the petition is filed.
For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months.
For in loco parentis visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

D. A petition filed under subsection A or C of this section must be verified or supported by affidavit and must include detailed facts supporting the petitioner's claim. The petitioner must also provide notice of this proceeding, including a copy of the petition and any affidavits or other attachments, and serve the notice pursuant to the Arizona rules of family law procedure to all of the following:

The child's legal parents.
A third party who possesses legal decision-making authority over the child or visitation rights.
The child's guardian or guardian ad litem.
A person or agency that possesses physical custody of the child or claims legal decision-making authority or visitation rights concerning the child.
Any other person or agency that has previously appeared in the action.

E. In deciding whether to grant visitation to a third party, the court shall give special weight to the legal parents' opinion of what serves their child's best interests and consider all relevant factors including:

The historical relationship, if any, between the child and the person seeking visitation.
The motivation of the requesting party seeking visitation.
The motivation of the person objecting to visitation.
The quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities.
If one or both of the child's parents are deceased, the benefit in maintaining an extended family relationship.

F. If logistically possible and appropriate, the court shall order visitation by a grandparent or great-grandparent if the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child.

G. A grandparent or great-grandparent seeking visitation rights under this section shall petition in the same action in which the family court previously decided legal decision-making and parenting time or, if no such case existed, by separate petition in the county of the child's home state, as defined in section 25-1002.

H. All visitation rights granted under this section automatically terminate if the child is adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply if the child is adopted by the spouse of a natural parent after the natural parent remarries.

I. For the purposes of this section, a child who is adopted may be treated as if born in lawful wedlock only if the child is adopted jointly by parents who are married to one another as provided in section 8-103, subsection A.

§ 25-410 Judicial supervision

A. Except as otherwise agreed by the parties in writing at the time of the legal decision-making or parenting time order or divorce decree, the parent designated as sole legal decision-maker may determine the child's upbringing, including the child's education, care, health care and religious training, unless, on motion by the other parent, the court, after a hearing, finds that in the absence of a specific limitation of the parent designated as the sole legal decision-maker's authority, the child's physical health would be endangered or the child's emotional development would be significantly impaired.

B. If either parent requests the order, or if all contestants agree to the order, or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development would be significantly impaired, and if the court finds that the best interests of the child would be served, the court shall order a local social service agency to exercise continuing supervision over the case to assure that the custodial or parenting time terms of the decree are carried out. At the discretion of the court, reasonable fees for the supervision may be charged to one or both parents, provided that the fees have been approved by the supreme court.

§ 25-411 Modification of legal decision-making or parenting time; affidavit; contents; military families

A. A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health. At any time after a joint legal decision-making order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence involving a violation of section 13-1201 or 13-1204, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order. Six months after a joint legal decision-making order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify an order shall meet the requirements of this section. Except as otherwise provided in this section, if a parent is a member of the United States armed forces, the court shall consider the terms of that parent's military family care plan to determine what is in the child's best interest during that parent's military deployment.

B. If the parent with whom the parent's child resides a majority of the time receives temporary duty, deployment, activation or mobilization orders from the United States military that involve moving a substantial distance away from the parent's residence a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until ninety days after the deployment ends, unless a modification is agreed to by the deploying parent.

C. The court shall not consider a parent's absence caused by deployment or mobilization or the potential for future deployment or mobilization as the sole factor supporting a real, substantial and unanticipated change in circumstances pursuant to this section.

D. On motion of a deploying or nondeploying, mobilizing or absent military parent, the court, after a hearing, shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization if:

A military parent who has legal decision-making or parenting time pursuant to an existing court order has received notice from military leadership that the military parent will deploy or mobilize in the near future.
The deployment or mobilization would have a material effect on the military parent's ability to exercise parental rights and responsibilities or parent-child contact.

E. On motion of a deploying parent, if reasonable advance notice is given and good cause is shown, the court shall allow that parent to present testimony and evidence by electronic means with respect to parenting time or parent-child contact matters instituted pursuant to this section if the deployment of that parent has a material effect on that parent's ability to appear in person at a regularly scheduled hearing. For the purposes of this subsection, "electronic means" includes communication by telephone or video teleconference.

F. The court shall hear motions for modification because of deployment as expeditiously as possible.

G. If a military parent receives military temporary duty, deployment, activation or mobilization orders that involve moving a substantial distance away from the military parent's residence or that otherwise have a material effect on the military parent's ability to exercise parenting time, at the request of the military parent, for the duration of the military parent's absence the court may delegate the military parent's parenting time, or a portion of that time, to a child's family member, including a stepparent, or to another person who is not the child's parent but who has a close and substantial relationship to the minor child, if the court determines that is in the child's best interest. The court shall not allow the delegation of parenting time to a person who would be subject to limitations on parenting time. The parties shall attempt to resolve disputes regarding delegation of parenting time through the dispute resolution process specified in their parenting plan, unless excused by the court for good cause shown. A court order pursuant to this subsection does not establish separate rights to parenting time for a person other than a parent.

H. All temporary modification orders pursuant to this section shall include a specific transition schedule to facilitate a return to the predeployment order within ten days after the deployment ends, taking into consideration the child's best interests.

I. A decree or order that a court enters in contemplation of or during the military deployment of a parent outside of the continental United States shall specifically reference the deployment and include provisions governing the legal decision-making or parenting time arrangements, or both, of the minor child after the deployment ends. Either parent may file a petition with the court after the deployment ends to modify the decree or order, in compliance with subsection L of this section. The court shall hold a hearing or conference on the petition within thirty days after the petition is filed.

J. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously the child's physical, mental, moral or emotional health.

K. If after a legal decision-making or parenting time order is in effect one of the parents is charged with a dangerous crime against children as defined in section 13-705, child molestation as defined in section 13-1410 or an act of domestic violence as prescribed in section 13-3601 in which the victim is a minor, the other parent may petition the court for an expedited hearing. Pending the expedited hearing, the court may suspend parenting time or change legal decision-making ex parte.

L. To modify any type of legal decision-making or parenting time order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the pleadings, in which case it shall set a date for hearing on why the requested modification should not be granted.

M. The court shall assess attorney fees and costs against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment.

N. Subsection L of this section does not apply if the requested relief is for the modification or clarification of parenting time and not for a change of legal decision-making.

§ 25-412 Expedited child support and parenting time fund

A. Each county treasurer shall establish an expedited child support and parenting time fund consisting of monies received pursuant to section 12-284, subsection D.

B. The presiding judge of the superior court shall use fund monies to establish, maintain and enhance programs designed to expedite the processing of petitions filed pursuant to section 25-326 and to establish, enforce and modify court orders involving children.

C. The county treasurer may invest monies in the fund and shall deposit interest earned in the fund.

D. Monies received from this fund shall be used to supplement and not supplant monies allocated by the county.

§ 25-413 Domestic relations education and mediation fund; report

A. Each county treasurer shall establish a domestic relations education and mediation fund consisting of monies received pursuant to section 12-284, subsection C.

B. The presiding judge of the superior court shall use fund monies to establish, maintain and enhance programs designed to educate persons about impacts on children of dissolution of marriage, legal separation and restructuring of families and programs for mediation of parenting time or legal decision-making disputes under this chapter or chapter 6 of this title.

C. The county treasurer shall disburse monies from the fund only at the direction of the presiding judge of the superior court.

D. On notice of the presiding judge, the county treasurer shall invest monies in the fund and monies earned from investment shall be credited to the fund.

E. Monies that are expended from the fund shall be used to supplement, and not supplant, any state or county appropriations that would otherwise be available for programs described in subsection B of this section.

F. On or before August 10 of each year, the county treasurer shall submit a report to the presiding judge that shows the amount of monies in the domestic relations education and mediation fund.

§ 25-414 Violation of visitation or parenting time rights; penalties

A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation or parenting time order, the court shall do at least one of the following:

Find the violating parent in contempt of court.
Order visitation or parenting time to make up for the missed sessions.
Order parent education at the violating parent's expense.
Order family counseling at the violating parent's expense.
Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135.
Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent's expense.
Make any other order that may promote the best interests of the child or children involved.

B. Within twenty-five days of service of the petition the court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation or parenting time order.

C. Court costs and attorney fees incurred by the nonviolating parent associated with the review of noncompliance with a visitation or parenting time order shall be paid by the violating parent. In the event the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent.

§ 25-415 Sanctions for litigation misconduct

A. The court shall sanction a litigant for costs and reasonable attorney fees incurred by an adverse party if the court finds that the litigant has done any one or more of the following:

Knowingly presented a false claim under section 25-403, 25-403.03 or 25-403.04 with knowledge that the claim was false.
Knowingly accused an adverse party of making a false claim under section 25-403, 25-403.03 or 25-403.04 with knowledge that the claim was actually true.
Violated a court order compelling disclosure or discovery under rule 65 of the Arizona rules of family law procedure, unless the court finds that the failure to obey the order was substantially justified or that other circumstances make an award of expenses unjust.

B. If the court makes a finding against any litigant under subsection A of this section, it may also:

Impose additional financial sanctions on behalf of an aggrieved party who can demonstrate economic loss directly attributable to the litigant's misconduct.
Institute civil contempt proceedings on its own initiative or on request of an aggrieved party, with proper notice and an opportunity to be heard.
Modify legal decision-making or parenting time if that modification would also serve the best interests of the child.

C. For the purposes of this section, a false claim does not mean a claim that is merely unsubstantiated.

D. This section does not prevent the court from awarding costs and attorney fees or imposing other sanctions if authorized elsewhere by state or federal law.

§ 25-416 Sexual assault conviction; effect on rights

If a person has been convicted of sexual assault under section 13-1406 and the sexual assault led to the birth of a child, the convicted person has none of the rights prescribed in this chapter related to legal decision-making or parenting time in regard to the child.

§ 25-417 Parent's blindness; burden of proof; specific written findings; definitions

A. In determining parenting time or participation in legal decision-making, the court may not consider a parent's blindness, unless the court specifically finds both of the following:

The blindness significantly or substantially inhibits the parent's ability to provide for the physical and emotional needs of the child.
The parent lacks sufficient human, monetary or other resources to supplement the parent's ability to provide for the physical and emotional needs of the child.

B. If a parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the findings prescribed in subsection A of this section exist.

C. If the court denies or limits parenting time or legal decision-making, the court shall make specific written findings that state the basis of the denial or limitation.

D. For the purposes of this section:

"Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

"Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.

§ 25-418 Family reunification treatment; prohibited conditions; definition

A. Notwithstanding any other law, unless both parents consent, a court may not order family reunification treatment that, as a condition of enrollment or participation, requires any of the following:

A no-contact order with the aligned parent.
An overnight, out-of-state or multiday stay.
A transfer of physical or legal custody of the child.
The use of private youth transporters or private transportation agents engaged in the use of force, threat or force, physical obstruction or circumstances that place the safety of the child at risk.
The use of threats of physical force, undue coercion, verbal abuse or isolation from the child's family, community or other sources of support.

B. For the purposes of this section, "family reunification treatment" means a treatment, therapy, program, service or camp that is aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent.

Chapter 5 Family Support Duties

Article 1 General Provisions

§ 25-500 Definitions

In this chapter, unless the context otherwise requires:

"Arrearage" means the total unpaid support owed, including child support, past support, spousal maintenance and interest.
"Business day" means a day when state offices are open for regular business.
"Child support guidelines" means the child support guidelines that are adopted by the state supreme court.
"Child support subpoena" means a subpoena issued pursuant to section 25-520.
"Department" means the department of economic security.
"Income" means any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest.
"Obligee" means a person or agency entitled to receive support.
"Obligor" means a person obligated to pay support.
"Support" means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support.
"Support payment clearinghouse" means the clearinghouse established pursuant to section 46-441.
"Title IV-D" means title IV-D of the social security act.

§ 25-501 Duties of support; exemption

A. Except as provided in subsection F of this section, every person has the duty to provide all reasonable support for that person's natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state. In the case of children with mental or physical disabilities, if the court, after considering the factors set forth in section 25-320, subsection D, deems it appropriate, the court may order support to continue past the age of majority. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to section 25-320, subsection E.

B. A child who is born as the result of artificial insemination is entitled to support from the mother as prescribed by this section and the mother's spouse if the spouse either is the biological father of the child or agreed in writing to the insemination before or after the insemination occurred.

C. The child support guidelines shall be used in determining the ability to pay child support and the amount of payments. The obligation to pay child support is primary and other financial obligations are secondary.

D. All duties of support as prescribed in this chapter may be enforced by all civil and criminal remedies provided by law.

E. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.

F. The court may determine that a parent is not obligated to contribute to the support of the parent's minor child if maternity or paternity is the result of the parent's sexual contact with a person who, as a result of that contact, has been found guilty of sexual conduct with a minor under section 13-1405 or sexual assault under section 13-1406. The court may also apply this exemption to the parent's parents or legal guardian.

G. In any action filed pursuant to this title, if a duty of support for another person exists or may exist the parties shall file the social security number of each party and any affected children in the record of the proceeding in a manner that is consistent with the requirements of the Arizona rules of family law relating to sensitive data. The court shall include this information in the state case registry and shall maintain this information in a manner that is consistent with the requirements of the Arizona rules of family law relating to sensitive data.

§ 25-502 Jurisdiction, venue and procedure; additional enforcement provisions

A. The superior court has original jurisdiction in proceedings brought by the department, its agents, a person having physical custody of a child or a party to the case to establish, enforce or modify the duties of support as prescribed in this chapter. All such proceedings are civil actions except as provided in section 25-511. Proceedings to enforce the duties of support as prescribed in this chapter may be originated in the county of residence of the respondent or the petitioner or of the child or children who are the subject of the action.

B. A proceeding to establish support must originate in the county where the child resides or, if the child resides out of state, the county of this state where the party filing the petition to establish support resides, if either of the following applies:

An action does not exist under this title.
Paternity was established without a court order pursuant to section 36-334.

C. A person or the department or its agent must file a petition to establish or modify a child support order in the superior court in the county of the last order issued under this title if an order exists in this state. If a person wishes the case transferred to the county of this state where the child resides or, if the child resides out of state, the county of this state where the party requesting the transfer resides, the person must file a request for transfer with the clerk of the superior court that issued the last order.

D. A request for transfer pursuant to subsection C of this section must include a petition or motion regarding support, a statement of payments in default, if applicable, and the transmittal fee prescribed in section 12-284. The responding party may object to the transfer by filing an objection and affidavit within twenty days after service of the request to transfer.

E. If the clerk does not receive an objection and affidavit pursuant to subsection D of this section, the clerk shall issue the transfer order and transfer the proceeding and all related court files to the other county within thirty days after service of the request to transfer. If the clerk receives an objection and affidavit within the time prescribed in subsection D of this section, the clerk shall notify all parties of the date of the hearing at least ten days before the hearing date. The court may hear evidence relevant only to the issue of the transfer. If after that hearing the court orders the transfer, the clerk shall transfer the proceeding and court files within ten days after the order. The county to which the transfer is made retains the court files and venue for all purposes and the transferring county shall not retain a copy of those files.

F. The county to which a transfer is made pursuant to subsection D or E of this section shall proceed as if the proceeding was brought in that county originally. A judgment from that county has the same effect and may be enforced or modified as a judgment from the original county.

G. The party who petitioned for transfer must pay the postadjudication fee prescribed in section 12-284 to the county to which the proceeding was transferred within ten days after the date the clerk of the court mails the notice of the requirement to pay the postadjudication fee. If the party does not pay the fee by that date, the transfer order is automatically nullified and the court clerk shall return the proceeding and all related court files to the original county.

H. Except as provided in section 25-510, in title IV-D cases the superior court shall accept for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted.

I. On filing of the petition and, if applicable, after a transfer is completed, the court shall issue an order requiring the responding party to appear at the time and place set for the hearing on the petition. Service of the order and a copy of the petition shall be as provided in the Arizona rules of family law procedure. If the responding party receives notice of a hearing but fails to appear, the court may issue a child support arrest warrant as provided in article 5 of this chapter and shall require that the responding party pay at the time of arrest an amount set by the court to secure the responding party's release from custody pending an appearance at the next scheduled hearing. The court also may find the party to be in contempt of court pursuant to section 12-864.01 and set an amount to be paid to purge the contempt. Any purge amount set by the court shall supersede the amount required to be set to secure the responding party's release, and the responding party shall pay only the purge amount as a condition of release from custody. Any amounts paid under this section shall be deposited with the clerk of the court or the support payment clearinghouse and credited first to the responding party's current child support obligation and then to arrearages. The court may grant a default judgment for arrearages on a prima facie showing of the amount due.

J. The department or its agent or a parent, guardian or custodian may file with the clerk of the superior court a request to establish child support. The request must include a proposed order, the worksheet for child support and a notice of the right to request a hearing within twenty days after service in this state or within thirty days after service outside this state. The request, proposed order, worksheet and notice shall be served pursuant to the Arizona rules of family law procedure on all parties, and in a title IV-D case, on the department or its agent. In a title IV-D case, the department or its agent may serve all parties by certified mail, return receipt requested. If a party does not request a hearing within the time prescribed by this subsection, the court shall review the proposed order and worksheet and enter an appropriate order or set the matter for a hearing. In a title IV-D case, the department or its agent shall enforce the order.

K. Each licensing board or agency that issues professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact.

§ 25-503 Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages; notice; security

A. In any proceeding in which there is at issue the support of a child, the court may order either or both parents to pay any amount necessary for the support of the child. If the court order does not specify the date when current support begins, the support obligation begins to accrue on the first day of the month following the entry of the order. If any form of payment is rightfully dishonored by the payor bank or other drawee, any subsequent support payments and handling fees shall be paid only by cash, money order, cashier's check, traveler's check or certified check. The department may collect from the drawer of a dishonored payment an amount allowed pursuant to section 44-6852. Pursuant to sections 35-146 and 35-147, the department shall deposit monies collected pursuant to this subsection in a child support enforcement administration fund. If a party required to pay support by guaranteed means demonstrates full and timely payment for twenty-four consecutive months, that party may pay support by regularly accepted forms of payment if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee. On a showing of good cause, the court may order that the party or parties required to pay support give reasonable security for these payments. If the court sets an appearance bond and the obligor fails to appear, the bond is forfeited and credited against any support owed by the party required to pay support. This subsection does not apply to payments that are made by means of a wage assignment.

B. On a showing that an income withholding order has been ineffective to secure the timely payment of support and that an amount equal to six months of current support has accrued, the court shall require the obligor to give security, post bond or give some other guarantee to secure overdue support.

C. In title IV-D cases, and in all other cases subject to an income withholding order issued on or after January 1, 1994, after notice to the party entitled to receive support, the department or its agent may direct the party obligated to pay support or other payor to make payment to the support payment clearinghouse. The department or its agent shall provide notice by first class mail.

D. The obligation for current child support shall be fully met before any payments under an order of assignment may be applied to the payment of arrearages. If a party is obligated to pay support for more than one family and the amount available is not sufficient to meet the total combined current support obligation, any monies shall be allocated to each family as follows:

The amount of current support ordered in each case shall be added to obtain the total support obligation.
The ordered amount in each case shall be divided by the total support obligation to obtain a percentage of the total amount due.
The amount available from the obligor's income shall be multiplied by the percentage under paragraph 2 of this subsection to obtain the amount to be allocated to each family.

E. Any order for child support may be modified or terminated on a showing of changed circumstance that is substantial and continuing, except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. Modification and termination are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. The order of modification or termination may include an award of attorney fees and court costs to the prevailing party.

F. On petition of a person who has been ordered to pay child support pursuant to a presumption of paternity established pursuant to section 25-814, the court may order the petitioner's support to terminate if the court finds based on clear and convincing evidence that paternity was established by fraud, duress or material mistake of fact. Except for good cause shown, the petitioner's support obligations continue in effect until the court has ruled in favor of the petitioner. The court shall order the petitioner, each child who is the subject of the petition and the child's mother to submit to genetic testing and shall order the appropriate testing procedures to determine the child's inherited characteristics, including blood and tissue type. If the court finds that the petitioner is not the child's biological father, the court shall vacate the determination of paternity and terminate the support obligation. Unless otherwise ordered by the court, an order vacating a support obligation is prospective and does not alter the petitioner's obligation to pay child support arrearages or any other amount previously ordered by the court. If the court finds that it is in the child's best interests, the court may order the biological father to pay restitution to the petitioner for any child support paid before the court ruled in favor of the petitioner pursuant to this subsection.

G. Notwithstanding subsection E of this section, in a title IV-D case a party, or the department or its agent if there is an assignment of rights under section 46-407, may request every three years that an order for child support be reviewed and, if appropriate, adjusted. The request may be made without a specific showing of a changed circumstance that is substantial and continuing. The department or its agent shall conduct the review in accordance with the child support guidelines of this state. If appropriate, the department shall file a petition in the superior court to adjust the support amount. Every three years the department or its agent shall notify the parties of their right to request a review of the order for support. The department or its agent shall notify the parties by first class mail at their last known address or by including the notice in an order.

H. If a party in a title IV-D case requests a review and adjustment sooner than three years, the party shall demonstrate a changed circumstance that is substantial and continuing.

I. The right of a party entitled to receive support or the department to receive child support payments as provided in the court order vests as each installment falls due. Each vested child support installment is enforceable as a final judgment by operation of law. The department or its agent or a party entitled to receive support may also file a request for written judgment for support arrearages.

J. Voluntary relinquishment of physical custody of a child to the obligor from the obligee is an affirmative defense in whole or in part to a petition for enforcement of child support arrears. In determining whether the relinquishment was voluntary, the court shall consider whether there is any evidence or history of any of the following:

Domestic violence.
Parental kidnapping.
Custodial interference.

K. The relinquishment pursuant to subsection J of this section must have been for a time period in excess of any court-ordered period of parenting time and the obligor must have supplied actual support for the child.

L. If the obligee, the department or their agents make efforts to collect a child support debt more than ten years after the emancipation of the youngest child subject to the order, the obligor may assert as a defense, and has the burden to prove, that the obligee or the department unreasonably delayed in attempting to collect the child support debt. On a finding of unreasonable delay a tribunal, as defined in section 25-1202, may determine that some or all of the child support debt is no longer collectible after the date of the finding.

M. Notwithstanding any other law, any judgment for support and for associated costs and attorney fees is exempt from renewal and is enforceable until paid in full.

N. If a party entitled to receive child support or spousal maintenance or the department or its agent enforcing an order of support has not received court-ordered payments, the party entitled to receive support or spousal maintenance or the department or its agent may file with the clerk of the superior court a request for judgment of arrearages and an affidavit indicating the name of the party obligated to pay support and the amount of the arrearages. The request must include notice of the requirements of this section and the right to request a hearing within twenty days after service in this state or within thirty days after service outside this state. The request, affidavit and notice must be served pursuant to the Arizona rules of family law procedure on all parties including the department or its agents in title IV-D cases. In a title IV-D case, the department or its agent may serve all parties by certified mail, return receipt requested. Within twenty days after service in this state or within thirty days after service outside this state, a party may file a request for a hearing if the arrearage amount or the identity of the person is in dispute. If a hearing is not requested within the time provided, or if the court finds that the objection is unfounded, the court must review the affidavit and grant an appropriate judgment against the party obligated to pay support.

O. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for a period of one hundred twenty days after the date the first payment is returned as undeliverable due to the failure of a party to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall return that and all other unassigned payments to the obligor unless there is an agreement of the obligor to pay assigned arrears and other debts owed to the state.

P. If the obligee of a child support order marries the obligor of the child support order, that order automatically terminates on the last day of the month in which the marriage takes place and arrearages do not accrue after that date. However, the obligee or the state may collect child support arrearages that accrued before that date. The obligee, the obligor or the department or its agent in a title IV-D case may file a request or stipulation to terminate or adjust any existing order of assignment pursuant to section 25-504 or 25-505.01.

Q. For the purposes of this chapter, a child is emancipated:

On the date of the child's marriage.
On the child's eighteenth birthday.
When the child is adopted.
When the child dies.
On the termination of the support obligation if support is extended beyond the age of majority pursuant to section 25-501, subsection A or section 25-320, subsections E and F.

§ 25-503.01 Self-employed parent; monies held as security for payment of support

A. On a showing of good cause, the court may order that a self-employed parent who is required to make child support payments forward an amount equal to not more than six months of child support to the department to hold as security. The department shall release these monies to compensate an obligee for missed current child support payments.

B. This section does not apply unless the self-employed parent is in arrears for three months or more.

C. This section does not limit other remedies available to an obligee, the department or its agents.

D. If a self-employed parent who is required to forward monies to the department pursuant to this section demonstrates full and timely support payments for twenty-four consecutive months, the department shall release to that self-employed parent any monies that remain.

§ 25-504 Order of assignment; ex parte order of assignment; responsibilities; violation; termination

A. In a proceeding in which the court orders a person to pay support the court shall, and in a proceeding in which the court orders a person to pay spousal maintenance the court may, assign to the person or agency entitled to receive the support or spousal maintenance that portion of the person's income necessary to pay the amount ordered by the court. In a proceeding in which spousal maintenance is ordered to be paid the court shall order the assignment on either party's request.

B. A person who is obligated by an order to pay support or spousal maintenance, the person to whom support or spousal maintenance is ordered to be paid or the department or its agent in a title IV-D case may file a verified request with the clerk of the superior court requesting the clerk to issue an ex parte order of assignment for support or spousal maintenance. The ex parte order of assignment may include a payment for current support and any other support, current spousal maintenance, spousal maintenance arrearages and interest on spousal maintenance arrearages. A request filed by the department or its agent need not be verified. The request shall state:

The name of the person or agency entitled to receive support or spousal maintenance.
The monthly amount of any current support and the monthly amount of any spousal maintenance ordered by the court.
The specific amount requested for any support arrearages, spousal maintenance arrearages or interest.
The name and address of the payor to whom it is requested the order of assignment be directed and the name of the person obligated to pay support or spousal maintenance.

C. After receipt of a request for an ex parte order of assignment the clerk of the superior court, without a hearing or notice to the person obligated to pay support or spousal maintenance, shall issue an order of assignment of that portion of the person's income as is sufficient to pay the amount requested to the person or agency entitled to receive the support or spousal maintenance. The order of assignment shall include the social security number of the obligated person. On issuance of an ex parte order of assignment, the clerk shall issue a notice directed to the obligor in substantially the following form, which shall also be in Spanish:

Notice

To: The obligor (the person ordered to pay support or spousal maintenance)

This is to notify you that part of your income or other monies is being taken away by the enclosed order of assignment that was issued on a request for an order of assignment that also is enclosed. The order of assignment has been issued for currently accruing child support or spousal maintenance, or both, based on the requesting party's claim that you are obligated to pay this. In addition, the requesting party may be claiming a right to collect other support, as defined in section 25-500, Arizona Revised Statutes, arrearages on spousal maintenance or interest on a judgment for unpaid spousal maintenance.

If you believe the enclosed order of assignment is improper or unlawful, that your property is exempt by law or that your employer or other payor is withholding more than is permitted by law, you may request a hearing before the superior court. You must file a request to terminate or adjust the order of assignment on forms provided by the clerk of the court within seven days after your receipt of the order for assignment, request for an order of assignment and this notice. If you request a hearing, it will be held no more than ten days after you file your request with the court.

Here are some other important things you should know:

The order of assignment is effective immediately on service of the order on your employer or another payor. The first employer or payor served shall not withhold or deduct amounts specified in the ex parte order of assignment for fourteen calendar days from the date of service to allow you, the obligor, an opportunity to contest the order of assignment as provided in section 25-504, Arizona Revised Statutes. A future employer or payor may begin deductions sooner than the fourteen day period after the order of assignment is received.

If you request a hearing, the court, after considering the financial resources of both parties and the reasonableness of the positions each party has taken, may order a party to pay a reasonable amount to the other for the attorney fees and costs of filing or defending the request.

Under state law (section 33-1131, Arizona Revised Statutes) no more than one-half of your disposable earnings for any pay period may be taken to satisfy an order issued for support or spousal maintenance. The amount of disposable earnings exempt from the order of assignment must be paid to you when due. Disposable income means the remaining portion of your wages, salary or compensation for personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pension or retirement program or a deferred compensation plan, after deducting from such earnings the amounts required by law to be withheld.

An employer or other payor who receives the order of assignment may deduct from amounts due to you one dollar for each pay period, but not more than four dollars per month, for costs. The employer or payor also must deduct a monthly amount for the support payment handling fee required by state law (section 25-510, Arizona Revised Statutes).

The employer or other payor on whom the order of assignment is served will continue to withhold the amount set in the order and will forward the payment to the support payment clearinghouse until you file with the clerk one of the following:

A verified request to adjust the order of assignment, and the court adjusts the order of assignment because there has been a change of circumstances since the time of the issuance of the order or there is other good cause to do so.
A verified request for a hearing to terminate the order of assignment and, after a hearing, the court terminates the order of assignment if all obligations have been satisfied or will be satisfied within ninety days.
A notarized stipulation stating that the obligation to pay support or spousal maintenance has ended and that all arrearages either have been satisfied or have been waived, and the clerk terminates the order of assignment.

An employer may not refuse to hire, may not discharge or may not otherwise discipline you as a result of the order of assignment. If you are wrongfully refused employment, discharged or otherwise disciplined you may recover damages suffered, plus reinstatement if appropriate, plus reasonable attorney fees and costs incurred against the employer.

Unless a court has expressly ordered otherwise, you must notify the clerk of the court or the support payment clearinghouse in writing of the address of your residence and of your employment and, within ten days, of a change in either one. Your failure to do so may subject you to sanctions for contempt of court, including reasonable attorney fees and costs pursuant to state law (section 25-504, subsection R, Arizona Revised Statutes). Official notices will be delivered to you at the most recent addresses you have provided to the clerk or support payment clearinghouse.

D. Any order of assignment shall be issued only for support, spousal maintenance, spousal maintenance arrearages, interest on spousal maintenance arrearages and handling fees. The order of assignment shall state the total amount that the payor shall withhold. The order of assignment also shall specify the monthly amount of current support and any other payment ordered for support, the monthly amount of any current spousal maintenance, the monthly amount of any spousal maintenance arrearages and any monthly interest payment. If the obligor's disposable earnings from the primary employer or other payor do not meet the support obligation, the court shall issue an order of assignment to a secondary employer or other payor of the obligor in order to meet the full support obligation.

E. An order of assignment shall be served on any employer or other payor by first class mail, electronic transmission or personal delivery or pursuant to the Arizona rules of family law procedure. The order of assignment is effective immediately on receipt by any employer or other payor and any future employer or future payor. Any employer or other payor of monies shall begin withholding no later than fourteen days after receipt of an order of assignment. The employer or other payor, if feasible, may begin withholding sooner than the fourteen day period if a payment to the obligor is due sooner.

F. Two copies of an ex parte order of assignment and of the request for an order of assignment, together with a copy of the notice required by this section, shall be served on any employer or other payor in the same manner as other orders of assignment under this section. Within five days after receipt, the employer or payor shall serve by personal delivery or by registered mail one copy of the ex parte order of assignment and of the request and the notice on the employee or other payee. The ex parte order of assignment is effective on any employer or other payor, and as an assignment by operation of law is effective on any future employers or other future payors, immediately on receipt. The first employer or other payor served shall not withhold or deduct amounts specified in the ex parte order of assignment for fourteen calendar days to allow the obligor an opportunity to contest the order of assignment as provided in this section. Any future employers or future payors shall begin withholding not later than fourteen days after receipt of an ex parte order of assignment but, if feasible, may begin withholding sooner than fourteen days if a payment to the obligor is due sooner.

G. After service of an ex parte order of assignment on the employer or payor that initially receives the order of assignment, an obligor may request a hearing to contest the ex parte order of assignment. The request shall be made in writing, and the obligor shall state under oath the specific reason for the request. The request shall be filed with the court together with a notice of hearing form. The court shall hold a hearing within ten days after the request and notice of hearing form is filed. Immediately on the scheduling of the hearing, the obligor shall serve a copy of the request for and notice of hearing on the person entitled to receive support, and in a title IV-D case to the department. If the obligor files a request for hearing within seven days after receipt of the order of assignment, the court may order the support payment clearinghouse not to disburse any monies received pursuant to the order of assignment until further order of the court. The obligor may contest the withholding for any of the following reasons:

There is an error in the identity of the obligor.
There is an error in the amount of support or spousal maintenance.
Invalidity of the order for support or spousal maintenance.
Current support or spousal maintenance is no longer owed, if the order of assignment includes a payment for current support or spousal maintenance.
Arrearages are not owed if the order of assignment includes a payment for arrearages.

H. Any employer or other payor who has received any order of assignment shall withhold the amount specified in the order of assignment, together with the handling fee as provided in section 25-510, from the income of the person obligated to pay support or spousal maintenance and shall transmit the withheld monies to the support payment clearinghouse within two business days after the obligor is paid or after the payment to the obligor is due. The handling fee shall be deducted and transmitted monthly. For the cost of compliance the employer or payor may also withhold and retain an additional one dollar per payment but not more than four dollars per month for each obligor. An employer or payor may combine in a single payment withheld monies for more than one obligor, shall separately identify the portion of the remittance that is attributable to each obligor and shall include each obligor's social security number. An employer or payor shall notify the clerk or support payment clearinghouse in writing when the obligor is no longer employed or the right to receive income or other monies has been terminated. The employer or payor shall also notify the clerk or support payment clearinghouse in writing of the obligor's social security number and last known address and the name and address of the obligor's new employer, if known, within ten days. In a non-title IV-D case, within ten days after receiving this information the support payment clearinghouse shall notify the clerk of the superior court in the county where the support or maintenance order was issued. If within ninety days of the last payment, the employer or other payor reemploys the obligor or becomes obligated to pay the obligor, the employer or payor is again bound by the order of assignment and is required to perform as required by this section. In a title IV-D case the order of assignment may be reinstated pursuant to section 25-505.01. An employer or payor who fails without good cause to comply with the terms of an order of assignment is liable for amounts not paid to the clerk or support payment clearinghouse pursuant to the order of assignment and reasonable attorney fees, costs and other expenses incurred in procuring compliance and may be subject to contempt.

I. If a person is obligated to pay child support for more than one family and the amount available for withholding is not sufficient to meet the total combined current child support obligation, any monies withheld from the obligor's income shall be allocated to each family by the employer or payor as follows:

The amount of current child support ordered in each case shall be added together to obtain the total current child support obligation.
The amount of current child support ordered in each case shall be divided by the total current child support obligation to obtain the percentage of the total current child support obligation to be allocated to each case.
The amount withheld from the obligor shall be multiplied by the percentage for each case to obtain the amount to be allocated to each case.

J. The person or agency entitled to receive support or spousal maintenance shall notify the clerk of the superior court or support payment clearinghouse in writing of any change of residential address and of any other information required pursuant to section 46-443, within ten days of any change. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments under an order of assignment for the period prescribed in section 25-503 due to the failure of an obligee to comply with the notice requirement of this subsection, the clerk or support payment clearinghouse shall not make further payment under the order of assignment and shall return payments to the obligor as prescribed in section 25-503. Under these circumstances the court, clerk or department or its agent shall order the release of the employer or payor from the order of assignment on request of the employer, the payor, the department or its agent or on the clerk's own initiative. Any order of assignment from which an employer or payor has been released may be reinstated by following the procedures for obtaining an ex parte order of assignment pursuant to this section or, in a title IV-D case, an administrative income withholding order pursuant to section 25-505.01.

K. Unless a court has ordered otherwise, the person ordered to pay support or spousal maintenance shall notify the clerk of the superior court or the support payment clearinghouse in writing of the obligor's residential address and the name and address of any employer, and within ten days of any change. Failure to do so may subject the person to sanctions for contempt of court, including reasonable attorney fees and costs.

L. Any order of assignment may be adjusted if there has been a change of circumstances since the date the order of assignment was issued or for good cause. The department or its agent or a person obligated to pay or entitled to receive support or spousal maintenance shall file with the clerk of the superior court a request to adjust the order of assignment and a proposed order of assignment. The request shall specify the adjustment sought and the reason for the request. A copy of the request shall be served pursuant to the Arizona rules of family law procedure, or by the department or its agent in a title IV-D case by first class mail, on all other parties and on the state if the department is providing title IV-D support services or has a claim for arrearages. The party receiving the request and proposed order may request a hearing within twenty days or within thirty days if service is made outside this state. On proof of service and if a hearing has not been requested within the time allowed, the clerk shall issue the order of assignment as appropriate. Within two business days after the date the order of assignment is issued, the clerk shall transmit a copy of the order of assignment to the employer or payor, the department or its agent and all parties. Unless ordered otherwise by the court, in a title IV-D case any order of assignment may be adjusted pursuant to section 25-505.01.

M. The department or its agent or a person obligated to pay or entitled to receive support or spousal maintenance may file a request to terminate any order of assignment if the obligation to pay support or spousal maintenance has ended or will end within ninety days after the filing of the request and if all arrearages either have been paid or will be paid within the period or have been waived. The request shall state the reason why termination is requested and shall contain the name and address of the employer or payor of the person obligated to pay support. A copy of the request shall be served pursuant to the Arizona rules of family law procedure, or by the department or its agent in a title IV-D case by first class mail, on all other parties and on the state if the department is providing title IV-D support services or has a claim for arrearages. A party receiving this notice may request a hearing within twenty days or within thirty days if service is made outside this state. On proof of service and if a hearing has not been requested within the time allowed, the clerk shall issue an order terminating the order of assignment as appropriate. Within two business days after the date the order is issued, the clerk shall transmit a copy of the order terminating the order of assignment to the employer or payor and to the department or its agent. If a hearing is requested, the court shall set the hearing within twenty days after receiving the request and shall issue an appropriate order. A person who is ordered to pay support may request the court to terminate an order of assignment at any time if an employer is making deductions on multiple assignments for an obligation for the same minor children. Notwithstanding any law to the contrary, the clerk shall not charge a fee to a person who files a request to terminate an order of assignment if an employer is making deductions on multiple assignments for an obligation for the same minor children.

N. If a request to adjust or terminate an order of assignment is filed, the court in its discretion may order that the clerk of the superior court or support payment clearinghouse not disburse any monies in dispute until further order of the court.

O. The clerk of the superior court shall issue an order terminating the order of assignment if the parties, including the department or its agent in a title IV-D case, file a notarized stipulation with the clerk that all obligations of support or spousal maintenance have been satisfied and that the obligor is no longer obligated to pay support or spousal maintenance. The stipulation shall state that the current obligation of support or spousal maintenance no longer exists and that all arrearages either have been satisfied or waived. The stipulation shall also contain the name and address of the employer or payor of the person obligated to pay support or spousal maintenance. Within five business days after the date the stipulation is filed, the clerk shall transmit a copy of the order terminating the order of assignment to the employer or payor and to the department or its agent. Notwithstanding any law to the contrary, the clerk shall not charge a fee to a party who files a stipulation pursuant to this subsection.

P. An assignment ordered pursuant to this section has priority over all other executions, attachments or garnishments. An obligation for current child support shall be fully met before any payments pursuant to an order of assignment may be applied to any other support obligation. An assignment ordered under this section does not apply to amounts made exempt under section 33-1131 or any other applicable exemption law.

Q. Any employer or other payor shall not refuse to hire a person and shall not discharge or otherwise discipline an obligor because of service of an order of assignment authorized by this section. An employer or payor who refuses to hire a person or who discharges or otherwise disciplines an employee or obligor because of service of an order of assignment is subject to contempt and sanctions as may be ordered by the court. A person who is wrongfully refused employment, wrongfully discharged or otherwise disciplined is entitled to recover damages sustained by the prohibited conduct, reinstatement, if appropriate, and attorney fees and costs incurred.

R. In any proceeding under this section the court, after considering the financial resources of the parties and the reasonableness of the positions each party has taken, may order a party to pay a reasonable amount to another party for the costs and expenses, including attorney fees, of maintaining or defending the proceeding.

§ 25-505 Limited income withholding orders; definition

A. The department or its agent may issue a limited income withholding order to any employer, payor or other holder of a nonperiodic or lump sum payment that is owed or held for the benefit of an obligor. The department or its agent shall serve the order in the same manner as prescribed in section 25-505.01 for service of income withholding orders. The employer, payor or holder shall deliver or mail by first class mail a copy of the order to the obligor within ten days after service on the employer, payor or holder.

B. The limited income withholding order shall state the amount of current support and any arrearages owed by an obligor and shall direct the employer, payor or holder to withhold and pay to the support payment clearinghouse the amount specified in the order and not otherwise exempt by law.

C. The limited income withholding order shall include a notice to the obligor of the right to an administrative review pursuant to section 25-522. The obligor, employer, payor or holder may contest the limited income withholding order in the same manner prescribed in section 25-505.01 to contest an income withholding order.

D. Notwithstanding sections 23-351 through 23-355, the employer, payor or holder who receives an income withholding order pursuant to section 25-505.01 or an order of assignment pursuant to section 25-504 shall withhold the amount specified and transmit that amount to the support payment clearinghouse immediately.

E. For the purposes of this section, "lump sum payment" includes:

Severance pay.
Sick pay.
Vacation pay.
Bonuses.
Insurance settlements.
Commissions.
Stock options.
Excess proceeds.
Retroactive disability proceeds.
Personal injury awards.

§ 25-505.01 Administrative income withholding order; notice; definition

A. In a title IV-D case, if a person is obligated to pay support, the department or its agent, without prior notice to the obligor, shall issue an income withholding order using the format prescribed by the United States secretary of health and human services. The order shall include the obligor's social security number. The withholding order shall include payment for current child support or spousal maintenance and may include an installment payment for arrearages pursuant to subsection B of this section or any other support. A withholding order under this section does not apply to amounts exempt under section 33-1131, subsection C or any other applicable exemption law. The withholding order shall direct the holder of the monies to withhold and pay to the person or agency entitled to receive the support the amount ordered by the department. The withholding order shall be accompanied by a written notice of withholding as prescribed in this section.

B. In addition to current support an income withholding order may include an installment for arrearages or any other support if:

At the time of issuance, the arrearage is an amount equal to at least two months but not more than six months of the obligor's current support obligation, the income withholding order shall include an additional amount equal to twenty-five per cent of the current support obligation.
At the time of issuance, the arrearage is an amount equal to more than six months of the obligor's current support obligation, the income withholding order shall include an additional amount equal to thirty-three per cent of the current support obligation.
At the time of issuance, the arrearage is an amount equal to one year or more of the obligors's support obligation, an income withholding order may include an additional amount that exceeds thirty-three per cent of the support obligation.

C. If the obligor does not owe current support but arrearages remain unpaid, the department or its agent may issue or adjust an income withholding order only for arrearages. The income withholding order shall be in the amount of the most recent current support order or the most recent order regarding the payment on arrearages, whichever is greater.

D. The department shall serve the order and notice on an employer or payor by first class mail or by electronic means. Service by mail as authorized in this section is complete as to the employer or payor when the mailing is received. Service by electronic means is complete on transmission to the employer or payor. The income withholding order shall direct the employer or payor to deliver or mail by first class mail a copy of the income withholding notice and order to the obligor within ten days after service on the employer or payor.

E. The income withholding order is an assignment and is binding fourteen days after receipt on an existing and future employer or payor of the person ordered to pay support or spousal maintenance on whom a copy of the income withholding order and notice of withholding is served. The employer or payor shall withhold the amount specified in the order from the income of the person obligated to pay support and shall transmit that amount to the support payment clearinghouse within two business days after the date the employee is paid. The employer or payor shall advise the support payment clearinghouse of the date the monies were withheld, may combine withheld amounts for several employees in a single payment and shall separately identify the portion of the payment that is attributable to each employee. The employer or other payor may also withhold and retain for application to the employer's or payor's cost of compliance an additional one dollar per pay period or four dollars per month.

F. If the obligor's disposable income from the primary employer or payor does not meet the support obligation, the department shall issue an income withholding order to a secondary employer of the obligor in order to meet the full support obligation.

G. Any obligor, employer or other payor may challenge the income withholding order issued by the department or its agent by filing a written request for administrative review with the department or its agent within ten days after receipt of the notice of income withholding order from the employer or payor. The administrative review shall be conducted pursuant to section 25-522. On receipt of a request for administrative review the department or its agent shall delay implementation of the income withholding order.

H. A change in income withholding pursuant to subsection B of this section is not a sufficient basis for a modification of the current support order.

I. Notwithstanding section 25-504, in a title IV-D case, if all obligations of support have been satisfied and the person obligated to pay support is no longer obligated and if the parties, including the department or its agent in a title IV-D case, submit a stipulation that the current obligation of support no longer exists and that all arrearages either have been satisfied or waived, the department or its agent shall issue an order terminating the income withholding order. The order shall state that the current obligation of support no longer exists and that all arrearages either have been satisfied or waived. The stipulation shall also contain the name and address of the employer or payor of the person obligated to pay support. Within five business days after the date the stipulation is submitted, the department or its agent shall send by first class mail a copy of the order terminating the income withholding order to the employer or payor, the parties and the clerk of the court.

J. Notwithstanding section 25-504, in a title IV-D case, the department or its agent on its own initiative, or the parties to a child support proceeding on request to the department, may terminate an income withholding order issued pursuant to this section or section 25-504, if the obligation to pay support has ended or will end within ninety days after the date the request is submitted and if all arrearages either have been paid or will be paid within the period or have been waived. The request shall include a statement of why the termination is requested, supporting documentation and the name and address of the employer and person obligated to pay support. The requesting party shall notify each party by first class mail of the request to terminate the order. The employer or payor shall continue to withhold and transmit support or spousal maintenance until otherwise ordered. On receipt of a request to terminate an income withholding order the department or its agent may suspend disbursements until a determination is issued. A party that receives notice of a request to terminate an income withholding order may object to the request and provide the department or its agent with the basis for the objection and supporting documents within ten days after receipt of the notice. Within forty-five days after the request the department or its agent shall issue a determination to all parties based on the information available. On a determination to terminate an income withholding order, the department or its agent within two business days shall send by first class mail a copy of the order terminating or adjusting the order to the employer or payor and to the support payment clearinghouse.

K. The employer or payor shall notify the support payment clearinghouse in writing when the person ordered to pay support or spousal maintenance is no longer employed by the employer or the right to receive income has been terminated. The employer shall notify the support payment clearinghouse in writing of the former employee's last known address and the name and address of the new employer, if known. If the employer or payor is again obligated to pay income to a person ordered to pay support within ninety days after termination of this right, the employer or payor is again bound by the income withholding order and is required to perform pursuant to this section.

L. The obligation for current child support shall be fully met before any payments under an order of assignment may be applied to payments of arrearages. If a person is obligated to pay child support for more than one family and the amount available for withholding is not sufficient to meet the total combined child support obligation, any monies withheld from the obligor's income shall be allocated to each family by the employer or payor as follows:

The amount of current child support ordered in each case shall be added to obtain the total child support obligation.
The ordered amount in each case shall be divided by the total child support obligation to obtain a percentage of the total amount due.
The amount available from the obligor's income shall be multiplied by the percentage under paragraph 2 of this subsection to obtain the amount to be allocated to each family.

M. An income withholding order shall include a statement that an employer shall not refuse to hire a person or shall not discharge or otherwise discipline an employee as a result of an income withholding order authorized by this section, and an employer who refuses to hire a person or who discharges or otherwise disciplines an employee as a result of the income withholding order is subject to contempt and fines as established by the court. Any person wrongfully refused employment or an employee wrongfully discharged or otherwise disciplined is entitled to recovery of damages suffered, reinstatement if appropriate, plus attorney fees and costs incurred. Any employer or other payor who fails without good cause to comply with the terms of the income withholding order may be liable for amounts not paid to the support payment clearinghouse pursuant to the income withholding order, reasonable attorney fees and costs incurred and may be subject to contempt. The department may initiate an action in superior court to enforce this subsection.

N. On issuance of an income withholding order the department or its agent shall issue a notice of withholding directed to the person ordered to pay support. The notice shall advise the obligor that:

An income withholding order has been issued against the obligor's income for payment of currently accruing child support or spousal maintenance, or both.
The income withholding order may include an amount for child support arrearages, or any other support.
The obligor may file a written request for administrative review with the department pursuant to section 25-522 within ten days after receipt of this notice if the obligor believes that:

(a) The income withholding order is improper or unlawful.

(b) The obligor's property is exempt by law.

An income withholding order made pursuant to this section becomes binding on the employer or payor or any future employers or future payors fourteen days after receipt of a copy of the order and notice of withholding.
The employer or payor shall withhold the amount specified in the order from the income of the person obligated to pay support.
Not more than one-half of the obligor's disposable income for any period may be taken to satisfy an income withholding order issued for the support of any person.
The amount of disposable income exempt from the income withholding order must be paid to the obligor on the regular payday for the pay period in which income is earned.
The employer or other payor shall continue to withhold the amount set forth in the order each pay period and shall forward the amount to the child support payment clearinghouse until either:

(a) The obligor files a request for administrative review with the department or its agent and after review the department or its agent modifies or terminates the income withholding order.

(b) The obligor files a petition with the court and, after a hearing, the court modifies or terminates the income withholding order.

An employer may not refuse to hire, may not discharge or may not otherwise discipline the obligor as a result of this income withholding order. If the obligor is wrongfully refused employment, discharged or otherwise disciplined, the obligor may recover damages suffered, reinstatement of employment if appropriate and reasonable attorney fees and costs incurred against the employer.
Unless ordered otherwise, the obligor has a duty to notify the support payment clearinghouse in writing of the address of the obligor's residence and employment and, within ten days, of a change in either one. The department or its agent shall use these addresses to notify the obligor of all subsequent actions to enforce support. Failure of the obligor to advise the department of changes in residential or employment address may subject the obligor to sanctions for contempt of court, including reasonable attorney fees and costs.

O. An income withholding order issued pursuant to this section has the same force and effect as an order of the superior court, has priority over all other attachments, executions, garnishments or assignments and may be enforced against the obligor and employer in superior court.

P. For purposes of this section, "arrearages" means past due support, including interest.

§ 25-505.02 Insurance data exchange; withholding orders; immunity; definitions

A. Before remitting a payment under an insurance contract to a claimant whose claim is based on an accident or a loss that occurred in this state, an insurer authorized to transact insurance pursuant to title 20, chapter 2, article 1 may provide information to the department or its agent to ascertain whether a claimant owes any arrearage. An insurer may establish and revise at its discretion the dollar-amount threshold for claims at or above which it will report pursuant to this section.

B. The department or its agent shall establish an insurance industry data match reporting system that is operated by the department or its agent and use data exchanges to compare claimant information held by insurers with the department's database of obligors who owe arrearages. An insurer may either provide to the department or its agent information about the claimant or match information made available by the department or its agent with information about the claimant.

C. If a claimant who owes an arrearage is identified, an insurer may provide the following information on claims to the department or its agent before making a payment to the claimant:

The claimant's name, address, date of birth and social security number, if available, as they appear in the insurer's records.
The insurer's name, address and federal employer identification number.
The name and contact information for the insurer's employee that is managing the claimant's claim.

D. If the insurer is unable to use a method and format prescribed by the department or its agent, the insurer may cooperate with the department or its agent to identify another method including submission of written materials.

E. An insurer may provide information under this section by either of the following:

Participating in an insurance industry database that contains the necessary information and authorizes the department or its agent to obtain the information from the database for purposes of complying with this section.
Providing the information through the federal office of child support enforcement.

F. The department or its agent may use the information collected pursuant to this section for the administration and enforcement of child support pursuant to title IV-D. Except as provided by federal law, the information collected shall be used only to locate a person to establish paternity and to establish, modify and enforce support obligations. The information may be disclosed to an agent under contract with the department to carry out these purposes. The information may also be disclosed to agencies of this state, political subdivisions of this state, federal agencies involved with support, other states and political subdivisions of other states that are seeking to locate persons to enforce support pursuant to title IV-D. The information collected pursuant to this section is exempt from disclosure pursuant to title 39, chapter 1.

G. If a comparison of claimant and obligor information reveals a match with an obligor who has child support arrearage in a title IV-D case, the department or its agent shall send to the insurer, within three business days after discovering the match, an income withholding order pursuant to section 25-505.01 or a child support limited income withholding order pursuant to section 25-505. Any portion that replaces wages or provides income in lieu of wages is subject to the limitations prescribed in section 33-1131, subsection C. The insurer shall withhold the full amount of the arrearages as set forth in the child support limited income withholding order that is not otherwise exempt by law and pay the withheld amount to the support payment clearinghouse.

H. An insurer that makes a payment as permitted by this section arising from a child support limited income withholding order as permitted in this section is not liable to the claimant or the claimant's beneficiary or creditors.

I. A child support limited income withholding order issued pursuant to this section encumbers the right of a claimant to payment under the policy. The insurer shall disburse to the claimant only the portion of the payment remaining, if any, after the child support limited income withholding order has been satisfied.

J. The child support limited income withholding order is inferior to any lien or claim for both of the following:

Documented services and expenses that are related to the claim, including attorney fees, court costs, witness fees and reasonable litigation expenses.
Health care expenses.

K. Notwithstanding any other law, an insurer is immune from any liability for using the data match reporting system to identify if a claimant owes an arrearage, for providing information to the department or its agent pursuant to this section or for a delay in the payment of a claim resulting from compliance with this section.

L. An insurer that makes a payment on a child support lien as permitted in this section is not liable to the claimant or the claimant's beneficiary or creditors. An insurer that in good faith fails to make a payment on a child support lien as provided in this section is immune from civil liability. This section does not give rise to a claim or cause of action against an insurer by a person who asserts that the person is the intended obligee of the outstanding lien for child support.

M. An insurer is not required to report or identify the following types of claims:

First-party actual property damage claims that are benefits payable under an insurance policy arising out of covered damage for actual repair, replacement or loss of use of an insured property, including a payment for:

(a) Physical damage coverage under a personal automobile policy for actual repair, replacement, loss of use or other associated costs including towing, storage, vehicle rentals or costs to an insured vehicle and sent directly to a vendor or repair facility for the actual repair or replacement of the damaged property.

(b) Coverage for loss of damage to an insured dwelling and contents under a residential, homeowners, farm and ranch owners, condominium owners, landlord owners or tenant property insurance policy or other similar policies, including additional living expenses payable under such a policy.

(c) Benefits paid to the mortgagee or lienholder of the property, including payments issued jointly to the insured and the mortgagee.

(d) Coverage for physical loss or damage to commercial property or business personal property insured under a commercial property, farm, inland marine, builder's risk or other similar policy.

Actual medical expenses that are payments issued to:

(a) And sent directly to a health care provider.

(b) The claimant after the claimant provides proof of the amount actually paid by the claimant to the health care provider and the amount is at least as much as the insurance payment, but does not include any amounts that are billed but not paid.

A copayable insurance payment mailed directly to a vendor, repair facility or health care provider that includes the claimant as a copayee under paragraph 1 or 2 of this subsection.
Benefits payable directly to a creditor of a claimant under the terms of the policy.
Benefits assigned to be paid to a health care provider or facility for actual expenses that are the amount actually owed by the insured but not otherwise paid or reimbursed.
Limited benefits that include coverage for one or more specified diseases or illnesses, dental or vision benefits, hospital indemnity or other fixed indemnity insurance coverage and short-term major medical contracts and that do not exceed one thousand dollars per person over a thirty-day period, including any benefits to be paid under a plan or rider of accident insurance or accidental death or loss of limb coverage.
Benefits paid in accordance with group long-term care insurance or long-term care insurance as defined in section 20-1691.
Benefits paid on behalf of an individual directly to a retirement plan or an accelerated death benefit.
Third-party property damage claims that are benefits paid or payable:

(a) To a vendor or repair facility for the actual repair, replacement or loss of use of any of the following:

(i) A dwelling, condominium or other improvements on real property.

(ii) A vehicle, including a motor vehicle, motorcycle or recreational vehicle.

(iii) Other tangible property that has sustained actual damage or loss.

(b) For a claim for reimbursement of the claimant for payments made by the claimant to the vendor or repair facility for the actual repair, replacement or loss of use of any of the following:

(i) A dwelling, condominium or other improvements on real property.

(ii) A vehicle, including a motor vehicle, motorcycle or recreational vehicle.

(iii) Other tangible property that has sustained actual damage or loss.

Benefits paid or payable to a claimant under workers' compensation benefits coverage where the claimant has paid a health care provider's bill and payment is not greater than the amount owed for the treatment rendered.
Claims covered under a health benefits plan. For the purposes of this paragraph, "health benefits plan" means a hospital and medical service corporation policy or certificate, a health care services organization contract, a disability policy, a group disability policy, a certificate of insurance of a group disability policy that is not issued in this state, a multiple employer welfare arrangement or any other arrangement under which health services or health benefits are provided. Health benefits plan does not include:

(a) Accident only, dental only, vision only, disability income only or long-term care only insurance, fixed or hospital indemnity coverage, limited benefit coverage, specified disease coverage, credit coverage or taft-hartley trusts.

(b) Coverage that is issued as a supplement to liability insurance.

(d) Workers' compensation insurance.

(e) Automobile medical payment insurance.

N. An insurer providing information permitted by this section may match and report any claim seeking an economic benefit in which any of the following applies:

A first-party claimant making a claim resides in this state.
A third-party claimant making a third-party claim resides in this state.
A liability insurer providing coverage to an insured on a third-party claim and the claim occurred in this state.

O. For the purposes of this section:

"Arrearage" means past due support a person is required to pay in a title IV-D case.
"Claimant" includes an individual who makes a claim against an insured or under an insurance policy, including casualty insurance as defined in section 20-252 and disability insurance as defined in section 20-253.

§ 25-506 Order for assignment; foreign support order

A. A petition for an ex parte order for assignment may be filed by an agency based on an order for support issued by a court or an agency in a state other than this state. The petition shall include the information required by section 25-504 and the following documents:

A certified copy of the support order with all modifications.
A certified copy of an income withholding order, if any, still in effect.
A copy of the income withholding law of the jurisdiction that issued the support order.
A sworn statement of arrearages.
The assignment of support rights, if any.

B. On receipt of a petition pursuant to subsection A of this section, the clerk of the court shall enter an order for ex parte assignment. The order for wage assignment is binding on any employer or payor who is doing business in this state and who employs or is obligated to make periodic payments to the person owing child support or spousal maintenance and is subject to this section. Participation in a proceeding under this subsection does not confer jurisdiction on a court over any of the parties to the proceeding in any other proceeding. If an obligor does not have periodic earnings, income or entitlements, the court shall order an assignment against any monies owed to the obligor or held for the benefit of the obligor. The order of assignment shall direct the holder of the monies to withhold and pay to the person or agency entitled to receive the child support the amount necessary to pay the amount ordered by the court.

C. If the obligor seeks to quash the assignment, the attorney general or county attorney shall immediately notify the petitioning state of the date, time and place of the hearing and of the obligee's right to attend. The only bases for the obligor to contest the withholding are that:

The withholding is not proper because of a mistake of fact that is not res judicata.
The court or agency that issued the support order lacked personal jurisdiction over the obligor.
The order was obtained by fraud.
The statute of limitations precludes enforcement of all or a part of the arrearages.

D. The court, on request of any party, shall continue the hearing on the motion to quash to permit evidence relative to the defense to be adduced by either party.

E. On a motion to quash, the court, for good cause, may quash the portion of an assignment order relating to arrearages without prejudice to the petitioner.

F. The obligation for current child support shall be fully met before any payments under an order of assignment may be applied to the payment of arrearages. If a person is obligated to pay child support for more than one family and the amount available for withholding is not sufficient to meet the total combined child support obligation, any monies withheld from the obligor's earnings, income, entitlements or other monies shall be allocated to each family by the employer or payor as follows:

The amount of current child support ordered in each case shall be added to obtain the total child support obligation.
The ordered amount in each case shall be divided by the total child support obligation to obtain a percentage of the total amount due.
The amount withheld from the obligor's earnings, income, entitlements or other monies shall be multiplied by the percentage under paragraph 2 of this subsection to obtain the amount to be allocated to each family.

§ 25-507 Forms; alternative forms

A. The request for assignment, order of assignment, notices to obligor and employer, request for hearing and request to adjust or terminate the order of assignment shall be on forms prescribed by the supreme court and shall be furnished by the clerk of the superior court as required by law or on request of any obligor, payee or employer.

B. Any party may use documents other than those provided pursuant to this section if the documents are substantially similar to those prescribed by the supreme court pursuant to this section.

§ 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.

§ 25-509 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.

§ 25-510 Receiving and disbursing support and maintenance monies; arrearages; interest

A. The support payment clearinghouse established pursuant to section 46-441 shall receive and disburse all monies, including fees and costs, applicable to support and maintenance unless the court has ordered that support or maintenance be paid directly to the party entitled to receive the support or maintenance. Within two business days the clerk of the superior court shall transmit to the support payment clearinghouse any maintenance and support payments received by the clerk. Monies received by the support payment clearinghouse in cases not enforced by the state pursuant to title IV-D of the social security act shall be distributed in the following priority:

Current child support or current court ordered payments for the support of a family when combined with the child support obligation.
Current spousal maintenance.
The current monthly fee prescribed in subsection D of this section for handling support or spousal maintenance payments.
Past due support reduced to judgment and then to associated interest.
Past due spousal maintenance reduced to judgment and then to associated interest.
Past due support not reduced to judgment and then to associated interest.
Past due spousal maintenance not reduced to judgment and then to associated interest.
Past due amounts of the fee prescribed in subsection D of this section for handling support or spousal maintenance payments.

B. In any proceeding under this chapter regarding a duty of support, the records of payments maintained by the clerk or the support payment clearinghouse are prima facie evidence of all payments made and disbursed to the person or agency to whom the support payment is to be made and are rebuttable only by a specific evidentiary showing to the contrary.

C. At no cost to the clerk of the superior court, the department shall provide electronic access to all records of payments maintained by the support payment clearinghouse, and the clerk shall use this information to provide payment histories to all litigants, attorneys and interested persons and the court. For all non-title IV-D support cases, the clerk shall load new orders, modify order amounts, respond to payment inquiries, research payment related issues, release payments pursuant to orders of the court and update demographic and new employer information. The clerk shall forward orders of assignment to employers for non-title IV-D support orders. Within five business days the clerk shall provide to the department any new address, order of assignment or employment information the clerk receives regarding any support order. The information shall be provided as prescribed by the department of economic security in consultation with the administrative office of the courts.

D. The support payment clearinghouse shall receive a monthly fee for handling support and maintenance payments. The director, by rule, may establish this fee. The court shall order payment of the handling fee as part of the order for support or maintenance. The handling fee shall not be deducted from the support or maintenance portion of the payment.

E. In calculating support arrearages not reduced to a final written money judgment, interest accrues at the rate of ten per cent per annum beginning at the end of the month following the month in which the support payment is due, and interest accrues only on the principal and not on interest. A support arrearage reduced to a final written money judgment accrues interest at the rate of ten per cent per annum and accrues interest only on the principal and not on interest.

F. Past support reduced to a final written money judgment before September 26, 2008 and pursuant to section 25-320, subsection C or section 25-809, subsection B accrues interest at the rate of ten per cent per annum beginning on entry of the judgment by the court and accrues interest only on the principal and not on interest. Past support reduced to a final written money judgment beginning on September 26, 2008 and pursuant to section 25-320, subsection C or section 25-809, subsection B does not accrue interest for any time period.

G. Any direct payments not paid through the clearinghouse or any equitable credits of principal or interest permitted by law and allowed by the court after a hearing shall be applied to support arrearages as directed in the court order. The court shall make specific findings in support of any payments or credits allowed. If the court order does not expressly state the dates the payments or credits are to be applied, the payments or credits shall be applied on the date of the entry of the order that allows the payments or credits. In a title IV-D case, if a court order does not indicate on its face that the state was either represented at or had notice of the hearing or proceeding where the payments or credits were determined, the court order shall not reduce any sum owed to the department or its agent without written approval of the department or its agent.

H. Any credit against support arrearages, other than by court order, shall be made only by written affidavit of direct payment or waiver of support arrearages signed by the person entitled to receive the support or by that person and the person ordered to make the support payment. The affidavit of direct payment or waiver of support arrearages shall be filed directly with the clerk of the court, who shall enter the information into the statewide case registry. Any credits against support arrearages shall be applied as of the dates contained in the affidavit or the date of the affidavit if no other date is specified in the affidavit. In a title IV-D case, the affidavit of direct payment or waiver of support arrearages shall not reduce any sum owed to the department or its agent without written approval of the department or its agent.

I. An arrearage calculator may be developed by a government agency using an automated transfer of data from the clearinghouse and the child support registry. The arrearage figure produced by this calculator is presumed to be the correct amount of the arrearage.

§ 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.

§ 25-511.01 Spousal maintenance order; violation; classification

A person who is obligated to pay spousal maintenance pursuant to an order issued by a court of competent jurisdiction is guilty of a class 1 misdemeanor if the person has notice of the order and wilfully and without lawful excuse fails to comply with the terms of that order.

§ 25-512 Consumer credit reports; use of child support or spousal maintenance obligation information

A. A consumer reporting agency as defined in title 44, chapter 11, article 6 shall include as part of a consumer report information regarding:

A court order or judgment obligating a person to pay child support or spousal maintenance.
A court order for assignment under section 25-323 or 25-504.
An income withholding order issued by the department of economic security or its agent pursuant to section 25-505.01.

B. The state or a person entitled to receive support or spousal maintenance may provide a consumer reporting agency with a copy of a court order or judgment described in this section.

C. The department or its agent may provide a consumer reporting agency with electronic or documentary information that an order or judgment for support or spousal maintenance exists.

D. The department shall report to a consumer reporting agency the name of an obligor who is delinquent in the payment of support and the amount of the support owed.

E. The department shall provide written notice to an obligor that it shall report the amount of the support owed by the obligor to a consumer reporting agency. The department shall provide this notice 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:

The obligor's name and the amount of the arrearage.
The address and telephone number of the department or its agent.
That the obligor may make a written request to the department or its agent for an administrative review pursuant to section 25-522 to contest the arrearages within fifteen days after the date of mailing of the notice.
That if the obligor requests an administrative review the department shall not release the report to the consumer reporting agency until a final determination has been made at the administrative review.
That if an obligor requests an administrative review, the issues at the administrative review shall be limited to whether the obligor is required to pay child support, whether the obligor is in arrears and the amount of current support and arrears.
That if the obligor does not respond to the notice, the department shall send the report to the consumer reporting agency.

§ 25-513 Employer cooperation; violation; classification

A. On written request delivered to an employer, payor or self-employed person by the department or its agent or the child support enforcement entity of any other state or its agent that administers a child support enforcement program as required by title IV-D of the social security act or by either party to a proceeding for support or maintenance, the employer, payor or self-employed person to whom the request is directed within twenty days of delivery shall notify the requesting party of the following information that the employer, payor or self-employed person possesses concerning the person who is obligated to pay support or maintenance or against whom this obligation is sought or to whom this obligation is owed:

Complete name.
Social security number.
Date and place of birth.
Present and past employment status.
Earnings, income, entitlements or other monies without regard to source.
Current or last known address.
Assets.
Availability and description of present or previous health insurance coverage for a dependent child.
Health insurance benefits paid or applied for under a health insurance policy for a dependent child.
Other benefits, including disability payments or payments made pursuant to a pension or retirement program.

B. The information required pursuant to subsection A, paragraphs 5, 7, 8, 9 and 10 shall not be requested or provided unless paternity has been established.

C. If any legal action is necessary for the requesting party to obtain the information requested pursuant to subsection A, the requesting party is entitled to receive costs and attorney fees from the employer, payor or self-employed person who fails to cooperate as prescribed in subsection A.

D. A party shall not request or receive address information protected by an order of protection, an injunction against harassment or any other court order in a domestic violence matter. The employer, payor or self-employed person is not required to determine whether an order of protection, an injunction against harassment or any other court order in a domestic violence matter exists before releasing the information requested pursuant to subsection A.

E. A party other than the department or its agent or the child support enforcement entity of any other state or its agent that administers a child support enforcement program as required by title IV-D of the social security act may make a request for information pursuant to this section not more than once in any three month period.

F. The department or its agent or the child support enforcement entity of any other state or its agent that administers a child support enforcement program as required by title IV-D of the social security act may deliver the request allowed in subsection A electronically. On request of the department, an employer shall provide its last known electronic contact information.

G. A party may request and obtain information pursuant to subsection A only for the following purposes:

To identify and locate a person who is under an obligation to pay support.
To identify and locate a person against whom an obligation is sought.
To identify and locate a person to whom an obligation is owed.
To identify and locate information pursuant to subsection A, paragraphs 5, 7, 8, 9 and 10 relating to a person who is obligated to pay support.

H. A party who requests or obtains information pursuant to subsection A for purposes other than those prescribed in subsection G is guilty of a class 1 misdemeanor.

§ 25-514 Priority of action and judgments

Except as otherwise provided by statute, actions pursuant to this article shall be given priority over all other civil actions. Except for judgments foreclosing or enforcing prior recorded mortgages, deeds of trust, contracts or conveyance of real property, security agreements, or other liens or encumbrances upon real or personal property created by the property owner a judgment resulting from an action brought for enforcement of child support has priority over all other judgments. Such priority shall not arise until a certified copy of the child support judgment is recorded with the county recorder.

§ 25-516 Lien; priority; recording; information statement; payoff amount; release

A. Notwithstanding section 25-514, in a title IV-D case an order to pay child support creates a lien by operation of law on all property presently owned and later acquired by the obligor to secure payment of the obligation. The department may perfect a lien by filing a copy of the child support order 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. 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 amount includes the amount owed at the time of recording and any amounts subsequently accrued. 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. When recorded, the order shall be accompanied by the information statement of the judgment creditor pursuant to section 33-967. The statement shall set forth the amount of the current support order at the time of recording. A copy of the information statement of the judgment creditor and the order recorded shall be mailed to the obligor at the obligor's last known address.

C. On request, the department shall provide a payoff amount to the obligor or a party acting with the obligor's consent. If the obligor disagrees with the payoff amount, the obligor may make a written request for administrative review to contest the arrears pursuant to section 25-522. The issues to be determined are whether the obligor is required to pay support and is in arrears and the amount of arrears owed.

D. The department, at any time, may release the property subject to the lien from the lien. Notice by the department to the effect that the property has been released from the lien is conclusive evidence that the property had been released. When the department closes a title IV-D case, the department shall release any lien under this section. The lien release does not satisfy any amount of unpaid support or release the lien associated with a recorded judgment. The department shall record the lien release in any county, agency or political subdivision where the original lien was recorded.

§ 25-517 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:

The obligor has failed to pay child support, continues to do so and is at least six months in arrears in making child support payments.
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.
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.
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.
The address and telephone number of the department.
The obligor may request a copy of the child support order.

B. The obligor has the burden of showing that the failure to make support payments was not wilful.

C. If an obligor requests an administrative review pursuant to this section, 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 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.

D. 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.

E. 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 failed to pay child support, 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.

F. If the obligor does not respond to the notice prescribed in subsection E 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.

G. The title IV-D agency or its agent shall notify the office of administrative hearings of a request for a hearing pursuant to subsection F 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 obligor has the burden of showing that the failure to make support payments was not wilful. 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.

§ 25-518 Child support arrearage; license suspension; hearing

A. If a 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, the court shall do either of the following:

Send a certificate of noncompliance to the board or agency ordering the suspension or denial of a driver license or recreational license.
Send a certificate of noncompliance to the department of transportation that the noncommercial driver license of the obligor be restricted to travel as described in section 28-144.

B. To be eligible for a restricted license pursuant to subsection A, paragraph 2 of this section, the obligor must do all of the following:

Be employed for at least thirty hours per week.
Have a place of employment or attend a school that is located more than one mile from the obligor's place of residence.
Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner.
Enter into a payment plan with the department of economic security to pay the child support arrearage. If the court finds that the obligor is not in compliance with the agreement at any time, the obligor is subject to license suspension pursuant to this section.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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:

Has wilfully failed to pay child support, continues after notice pursuant to section 25-517, subsection E to wilfully fail to pay child support and is at least six months in arrears.
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.
Failed to respond to the notice pursuant to section 25-517, subsection E.

H. 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.

§ 25-519 Regulatory entities; suspension of license

The following are subject to the requirements of section 25-518:

All boards established under title 32.
The deputy director of the financial institutions division of the department of insurance and financial institutions.
The registrar of contractors.
The department of public safety.
Boards and agencies that provide occupational, recreational and professional licenses or certificates pursuant to titles 3, 4, 5, 6, 8, 15, 17, 20, 36 and 41 and title 28, chapter 8.

§ 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.

§ 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:

"Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.
"Levy" includes the power to restrain and seize by any legal means.
"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.

§ 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 receiving 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 or may be delivered electronically if electronic contact information is included in the request for administrative review.

D. Notwithstanding subsections B and C of this section, if the basis for the request for review is an income withholding order issued by the department pursuant to section 25-505.01, a lien recorded pursuant to section 25-516 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 receiving adequate documentation to determine 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 the purposes of this section:

"Business day" means a day on which state offices are open for regular business.
"Department" includes the department's agent.
"Enforcement action" means an action taken by the department to:

(a) Suspend or deny a license.

(b) Impose a lien against real or personal property.

(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.

§ 25-523 Financial institutions data match; nonliability; prohibited disclosure; liability; civil liability; definition

A. The department shall enter into agreements with financial institutions that conduct business in this state to develop and operate a data match system to assist the department in the establishment, modification and enforcement of child support orders. The data match system shall use automated data exchange procedures to the maximum extent possible.

B. Data exchanges between financial institutions and the department shall occur quarterly and shall include the name, record address, social security number or other taxpayer identification number and any other identifying information for each obligor who maintains an account at the institution and who owes past due support as identified by the department by name and social security number or other taxpayer identification number.

C. Notwithstanding any law to the contrary, a financial institution is not subject to civil liability for disclosing to the department or its agent a person's financial record pursuant to this section or any acts of omission that are inadvertent and made in good faith.

D. The department and its agent and any state, its agent or political subdivision that administers a child support enforcement program pursuant to title IV-D of the social security act and that obtains a person's financial records may disclose this information only as is necessary to establish, modify or enforce the person's child support obligation.

E. An employee of the department, its agent or any state or political subdivision that administers a child support enforcement program pursuant to title IV-D of the social security act, who knowingly or negligently discloses a person's financial records in violation of subsection D is subject to civil liability in an amount equal to the greater of either:

One thousand dollars for each act of unauthorized disclosure of a financial record with respect to which the defendant is found liable.
The sum of the actual damages sustained by the plaintiff as a result of the unauthorized disclosure and, in the case of a wilful disclosure or a disclosure that is the result of gross negligence, punitive damages, including costs and attorney fees.

F. The department may pay a reasonable fee to a financial institution for conducting a data match. The fee shall not exceed the actual costs incurred by the financial institution.

G. For purposes of this section "financial institution" means state and federally chartered banks, trust companies, federal and state savings and loan associations, federal and state credit unions, consumer lenders, international banking facilities and financial institution holding companies, insurance companies, benefit associations, safe deposit companies, money market mutual funds and similar institutions authorized to do business in this state and any party affiliated with these financial institutions.

§ 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.

§ 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.

§ 25-526 Child support enforcement information; internet posting

The department of economic security division of child support enforcement shall post information on the internet on a quarterly basis that identifies no fewer than ten nonpayors of child support who have an arrearage in an amount equal to or greater than twelve months of support. The information shall include a photograph of each of these persons.

§ 25-527 Child support; overpayment; reimbursement

A. An obligor whose obligation to pay support has terminated may file a request for reimbursement against the obligee for support payments made in excess of the amount ordered. The obligor must file the request with the clerk of the superior court within twenty-four months after the termination of the obligation.

B. The court may enter a judgment for reimbursement against the obligee if the court finds that the obligor's obligation to pay support has terminated and that all arrearages and interest on arrearages have been satisfied. The court shall send a copy of the judgment to the department or its agent for title IV-D cases.

C. The obligee must pay the judgment directly to the obligor and not through the clerk of the superior court or the support payment clearinghouse.

D. A judgment entered pursuant to this section does not constitute a support judgment and is enforceable only in the same manner as a civil judgment.

§ 25-528 Title IV-D recipients; fee

A. If a recipient of title IV-D services receives at least $550 of support in a federal fiscal year and the recipient has never received assistance under a state or tribal title IV-A program, the department shall charge an annual fee as prescribed in 42 United States Code section 654(6)(B)(ii), in effect on January 1, 2019, to the recipient of title IV-D services. The department shall retain the fee from future collections of support once the threshold of $550 has been met. If, after the threshold of $550 has been met, no further support collections are received or less than $35 is received, the department may charge the fee to the recipient of services after notice advising the recipient of the deadline for payment of the fee. If the recipient does not pay the fee by the deadline, the department may retain the fee from future collections of support.

B. Notwithstanding subsection A of this section, if a foreign country has requested enforcement of a support order in any title IV-D case, the department shall charge the annual fee prescribed in subsection A of this section to the obligor.

C. The department shall transmit to the federal government its portion of each fee withheld pursuant to subsections A and B of this section and shall deposit, pursuant to sections 35-146 and 35-147, the remainder in a child support enforcement administration fund.

§ 25-529 Title IV-D cases; alternative medical insurance coverage

The director of the department of economic security may disseminate information provided by the department of insurance and financial institutions regarding individual medical insurance plans and may enter into agreements with a consortium of other states to offer medical insurance coverage to children in title IV-D cases.

§ 25-530 Spousal maintenance; veterans disability benefits; definition

A. In determining whether to award spousal maintenance or the amount of any award of spousal maintenance to a requesting party, the court shall not consider any federal disability benefits awarded to the other spouse for service-connected disabilities pursuant to 10 United States Code section 1413a or 38 United States Code chapter 11.

B. For the purposes of this section, "requesting party" means the person who filed a motion for spousal maintenance.

Article 2 Child Medical Support

§ 25-531 Definitions

In this article, unless the context otherwise requires:

"Court or administrative order" means a court or administrative agency ruling that requires a parent to provide support for that parent's child.
"Health insurance coverage" means fee for service, health maintenance organization, preferred provider organization and other types of coverage under which medical services could be provided to the dependent children of a noncustodial parent.
"State IV-D agency" means the department or any other agency that is authorized to administer services of the child support enforcement program pursuant to the requirements of title IV-D of the social security act.

§ 25-532 Enrollment of child

A. An insurer shall not deny a child enrollment under the health plan of the child's parent for any of the following reasons:

The child was born out of wedlock.
The child is not claimed as a dependent on the parent's federal or state tax return.
The child does not reside with the parent or in the insurer's service area. If the child resides in another state the insurer may vary the premium and policy provisions to account for benefit levels and experience in that state.

B. If the child has health coverage through an insurer of the noncustodial parent the insurer shall:

Provide any information to the custodial parent that may be necessary for the child to obtain benefits through the custodial parent's insurer.
Permit the custodial parent or the provider with the custodial parent's approval to submit claims for covered services without the approval of the noncustodial parent.
Make payments on claims that are submitted pursuant to paragraph 2 of this subsection directly to the custodial parent, the provider or the state IV-D agency.

§ 25-533 Insurer obligations

A. If a court or administrative order requires a parent to provide health coverage for a child and the parent is eligible for family coverage, the insurer shall:

Permit the parent to enroll the child under the family coverage if the child is otherwise eligible for the coverage without regard to any enrollment season restrictions.
If the parent is enrolled in family coverage but fails to enroll the child, enroll the child under the family coverage on the application of the child's other parent or the state IV-D agency.
Not refuse to enroll or terminate the coverage of the child unless the insurer receives satisfactory written evidence that one of the following applies:

(a) The court or administrative order is no longer in effect.

(b) The child will be enrolled in comparable health coverage through another insurer and that coverage will take effect not later than the effective date of the termination of coverage.

(d) Nonpayment of premium.

B. An insurer shall not impose any additional requirements on state agencies or the other parent that are different from the requirements the insurer imposes on all other agents or assignees. An insurer shall provide the state or the other parent with enrollment information and shall process the claims from and make payments to the state, the other parent or the other parent's provider.

§ 25-534 Employer obligations

A. If a court or administrative order requires a parent to provide health insurance coverage that is available through an employer doing business in this state, the employer shall:

Allow that parent to enroll the child in the family coverage if the child is otherwise eligible for that coverage without regard to any enrollment season restrictions.
If the parent is enrolled in family coverage but fails to enroll the child, enroll the child under the family coverage on the application of the child's other parent, the child's legal guardian or the state IV-D agency.
Not allow the employee to refuse to enroll or to terminate the coverage of the child unless the employee provides the employer with written proof that the court or administrative order is no longer in effect or that the child is enrolled in comparable health insurance coverage and that coverage will take effect not later than the effective date of the termination of coverage.
Withhold the employee's share, if any, of health insurance premiums from the employee's compensation and pay those premiums to the insurer. The amount withheld from the employee's compensation shall not exceed the maximum amount permitted pursuant to section 33-1131.

B. If the employer offers more than one plan, the child shall be enrolled in the plan in which the child's parent is enrolled or, if the parent is not enrolled in a plan, in the least costly plan that is otherwise available to the parent.

C. During the time that the medical support order is in effect, the parent's employer shall release to the state IV-D agency or on request from the other parent any necessary information relating to the health insurance coverage of the parent, including the name and address of the insurer, the policy number and the names of the insured.

D. Notwithstanding any other law, any information that is reported pursuant to this section for the enforcement of an order for medical insurance coverage shall be released to the state IV-D agency or the other parent.

E. If an order for medical insurance coverage is in effect and the employment or insurance coverage is terminated or the carrier is changed, within ten days after the change the employer shall notify the state IV-D agency and the other parent of the change and of the last day on which health insurance coverage is effective and of any conversion privileges that may be available.

§ 25-535 Enforcement of health insurance coverage; medical support notice; administrative review; service

A. In a title IV-D case, a parent who is required by an administrative or court order to provide health insurance coverage for a child shall provide the department or its agent with the name of the health insurance coverage plan under which the child is covered, the effective date of the coverage, a description of the coverage, the name of the employer and any other necessary information, forms or documents related to the health insurance coverage as provided to all new members within thirty days after the support order is established.

B. If an administrative or court order requires a parent to obtain health insurance coverage for the parent's child, the department or its agent may deliver by first class mail or electronic means to the obligated parent's employer a medical support notice to enroll the child in an insurance program as prescribed by that order. The department or its agent shall use the medical support notice to enroll prescribed by the United States secretary of health and human services pursuant to 42 United States Code section 651. The employer shall deliver or mail by first class mail or by electronic means a copy of the medical support notice to enroll to the obligated parent within ten days after the employer receives the notice. The notice serves to enroll the child in the obligated parent's health insurance coverage plan. That parent may contest the notice by filing a written request for an administrative review within ten days after the parent receives a copy of the notice from the employer. The department shall conduct an administrative review pursuant to section 25-522. If a parent contests the notice, the department or its agent shall notify the employer by first class mail or electronic means that the parent has contested the medical support notice to enroll. The employer shall send the employee contributions until the department notifies the employer to cease withholding. An administrative review is limited to determining if:

Medical support is unlawful or inconsistent with an administrative or court order.
A mistaken identity exists.
The responsible party pursuant to the order provides alternative coverage.
The other parent is already providing medical insurance for the child pursuant to court order.
The cost of the insurance coverage is reasonable as prescribed pursuant to section 25-320, subsection J.

C. If an employee on whom an income withholding order or order of assignment and notice is served is a new employee who is entered into the state directory of new hires pursuant to section 23-722.01, the department or its agent shall provide the medical support notice to enroll to the obligated parent's employer within two days after the date of entry in the state directory of new hires unless the responsible party pursuant to the order provides alternative coverage.

D. If the obligated parent who is required by a court or an administrative order to obtain health insurance coverage changes employment and the new employer is known to the department or its agent, the department or its agent shall use the medical support notice to enroll to transfer notice to the new employer. Within thirty days after the obligated parent changes employment the obligated parent shall provide the department or its agent with the name of the health insurance coverage plan under which the child is covered, the effective date of the coverage, a description of the coverage, the name of the employer and any other necessary information, forms or documents related to the health insurance coverage as provided to all new members. Within twenty business days after it receives the medical support notice to enroll the employer shall transfer the notice to the appropriate health insurance plan that provides coverage for which the child is eligible.

E. A medical support notice to enroll has the same effect as an enrollment application that is signed by the parent.

F. If the employer does not have existing dependent coverage when it receives the medical support notice to enroll, the employer is not required to create this coverage. The employer shall notify the department or its agent of this fact within ten days after receiving the medical support notice to enroll.

G. Service by mail as authorized in this section is complete as to the employer when the mailing is received. Service by electronic means as authorized in this section is complete on transmission to the employer.

Article 3 Spousal Maintenance Enforcement

§ 25-551 Clerk of the court

The clerk of the court may provide services to assist a person to collect spousal maintenance. These services may include providing information regarding collection and enforcement procedures, intercepting a taxpayer's state income tax refund for collection purposes, providing assistance in the preparation of forms and instructions necessary to initiate an enforcement action and providing information and referrals regarding services related to spousal maintenance and debt collection and enforcement.

§ 25-552 Jurisdiction; priority of action

A. The superior court has original jurisdiction in proceedings brought by this state or a person who is owed spousal maintenance to establish, enforce or modify a spousal maintenance obligation.

B. Notwithstanding any other statute, actions pursuant to this article have priority over all other civil actions except for child support actions pursuant to section 25-514 or judicial authorization pursuant to section 36-2152.

§ 25-553 Request for arrearages; deadline

A. The person to whom the spousal maintenance obligation is owed may file a request for judgment for spousal maintenance arrearages not later than three years after the date the spousal maintenance order terminates. In that proceeding there is no bar to establishing a money judgment for all of the unpaid spousal maintenance arrearages.

B. Notwithstanding any other law, formal written judgments for spousal maintenance and for associated costs and attorney fees are exempt from renewal and are enforceable until paid in full.

C. If termination of the spousal maintenance order is disputed, this section shall be liberally construed to effect its intention of diminishing the limitation on the collection of spousal maintenance arrearages.

Article 5 Child Support Arrest Warrants

§ 25-681 Child support arrest warrant; definition

A. In any action or proceeding pursuant to section 25-502, on motion of a party or on its own motion the court may issue a child support arrest warrant if the court finds that all of the following apply to the person for whom the warrant is sought:

The person was ordered by the court to appear personally at a specific time and location.
The person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a child support arrest warrant.
The person failed to appear as ordered.

B. The judicial officer shall order the child support arrest warrant and the clerk shall issue the warrant. The warrant shall contain the name of the person to be arrested and other information required to enter the warrant in the Arizona criminal justice information system. The warrant shall command that the named person be arrested and either remanded to the custody of the sheriff or brought before the judicial officer or, if the judicial officer is absent or unable to act, the nearest or most accessible judicial officer of the superior court in the same county. A warrant that is issued pursuant to this section remains in effect until it is executed or extinguished by the court.

C. The court shall determine and the warrant shall state the amount the arrested person shall pay in order to be released from custody.

D. For the purposes of this article, "child support arrest warrant" means an order that is issued by a judicial officer in a noncriminal child support matter and that directs a peace officer in this state to arrest the person named in the warrant and bring the person before the court.

§ 25-682 Time and manner of execution; information

A. A child support arrest warrant is executed by the arrest of the person named in the warrant. The warrant may be executed at any time.

B. When making an arrest pursuant to a child support arrest warrant, the arresting officer shall inform the person named in the warrant that the arresting officer has a child support arrest warrant unless:

The named person flees or forcibly resists before the arresting officer has an opportunity to inform the named person.
Providing this information will imperil the arrest.

C. In order to execute a child support arrest warrant, the arresting officer may use reasonable force to enter any building in which the person named in the warrant is or is reasonably believed to be.

D. The arresting officer does not have to possess the warrant at the time of the arrest. If after the arrest the arrested person requests to see the warrant, the arresting officer shall show the arrested person a copy of the warrant as soon as practicable.

E. The arrested person shall be brought before the issuing judicial officer as soon as possible or, if that judicial officer is absent or unable to act, the nearest or most accessible judicial officer of the superior court in the same county. In any event, the arrested person shall be brought before a judicial officer of the superior court in the issuing county or the county of arrest within twenty-four judicial business hours of the execution of the warrant. If the person is arrested in a county other than the county in which the warrant was issued, the arresting officer shall notify the sheriff and the local title IV-D agency, if applicable, in the county in which the warrant was issued that the person has been arrested. As soon as practicable, the sheriff of the county in which the warrant was issued shall take custody of and transport the arrested person to the issuing judicial officer or a judicial officer of the superior court in the county in which the warrant was issued. If the arrested person is not taken into custody and transported within seventy-two hours after arrest, the arrested person shall be released and issued a written notice directing the arrested person to appear at a specified date and time in the superior court in the county in which the warrant was issued. The notice shall have the same force and effect as an order of the superior court. The notice shall state that if the arrested person fails to appear as directed a child support arrest warrant may be issued. A copy of this notice shall be sent to the court and the local title IV-D agency, if applicable, in the county in which the warrant was issued.

§ 25-683 Procedure after arrest; payment for release from custody

A. When a person who is arrested pursuant to a child support arrest warrant is brought before the court, the judicial officer shall advise the arrested person of the nature of the proceedings and shall set a date for the next court appearance. The arrested person may be released from custody pending the hearing if the arrested person pays the amount set by the court pursuant to section 25-681 or a larger amount as the court determines. The court shall not reduce the amount ordered to be paid. The arrested person shall not be released from custody without paying the amount unless the court finds in writing or on the record that a compelling reason exists to release the arrested person. Monies received pursuant to this subsection shall be deposited and credited pursuant to section 25-502, subsection I.

B. If the arrested person pays the full amount set forth in the warrant before the arrested person is brought before a judicial officer, the arrested person may be released after receiving a notice to appear in the superior court in the county in which the warrant was issued pursuant to the procedure prescribed in section 25-682, subsection E. If the arrested person fails to appear as directed, a child support arrest warrant may be issued.

C. The arresting agency shall forward all amounts that are paid by the arrested person for release pursuant to this subsection to the clerk of the superior court in the county in which the warrant was issued or the support payment clearinghouse for deposit and credit pursuant to section 25-502, subsection I.

§ 25-684 Preexisting warrants

A civil arrest warrant that is issued before the effective date of this section for the failure to appear in a child support enforcement proceeding under this chapter or chapter 3 of this title automatically becomes a child support arrest warrant after the effective date of this section. This article applies to all procedures under the warrant, unless the agency that is responsible for child support enforcement in a county elects not to convert warrants issued in that county.

§ 25-685 Entry into criminal information system

Child support arrest warrants shall be entered in the wanted person file of the Arizona criminal justice information system.

Chapter 6 Maternity and Paternity Proceedings

Article 1 Maternity and Paternity Proceedings

§ 25-801 Jurisdiction

The superior court has original jurisdiction in proceedings to establish maternity or paternity. All such proceedings shall be civil actions.

§ 25-802 Venue

Proceedings to establish maternity or paternity may be originated in the county of residence of the respondent or the petitioner or the child or children the subject of the action. The fact that the petitioner parent or child or both are not, or never have been, residents of Arizona does not bar the proceeding.

§ 25-803 Persons who may originate proceedings; legal decision-making; parenting time; conciliation court

A. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following:

The mother.
The father.
The guardian, conservator or best friend of a child or children born out of wedlock.
A public welfare official or agency of the county where the child or children reside or may be found.
The state pursuant to section 25-509.

B. An adult may bring an action to establish the adult's biological parent.

C. Any party to a proceeding under this article other than the state may request that legal decision-making and specific parenting time be determined as a part of the proceeding. When paternity is established the court may award legal decision-making and parenting time as provided in section 25-408. The attorney general or county attorney shall not seek or defend any ancillary matters such as legal decision-making or parenting time.

D. In any case in which paternity is established the parent with whom the child has resided for the greater part of the last six months shall have legal decision-making unless otherwise ordered by the court.

E. The services of the conciliation court may be used in regard to disputed matters of legal decision-making and parenting time.

§ 25-804 Time for instituting proceedings

Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child. The court shall dismiss any proceeding that is barred pursuant to section 8-106, subsection J. For the purposes of establishing a duty to pay support or past support, the proceedings must be instituted before the child's eighteenth birthday.

§ 25-805 Effect of death, absence or insanity of plaintiff

If after the petition is filed the petitioner dies, becomes insane, departs the state or fails to litigate the issue, the proceedings do not abate but may be continued, with the state as petitioner, as to any child in the legal custody of any state agency, or as to any child who is the beneficiary of any state or federal financial assistance.

§ 25-806 Petition

A. Paternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock or pregnant with a child conceived out of wedlock and that the respondent is the father of the child or children.

B. Maternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock and that the woman as respondent is the mother of the child or children.

C. The procedure on the filing of the petition shall be as in other civil cases, except that a party who has been served pursuant to section 8-106, subsection G must serve the mother with a copy of the verified petition and summons within thirty days after completion of service of notice as prescribed by that subsection.

D. If the respondent does not file a response or if the respondent files a written response admitting paternity or maternity, the court may immediately enter a judgment of paternity or maternity. If other relevant issues are raised in the petition or response or in a separate petition filed after entry of a paternity or maternity judgment, the court shall proceed to resolve all relevant issues in the case pursuant to the rules of procedure applicable to family law cases.

E. A trial held pursuant to this section shall be made to the court.

§ 25-807 Precedence of maternity and paternity proceedings; delay for paternity tests; court order; evidentiary use; alternative tests; out-of-state orders; immunity

A. Proceedings to establish maternity and paternity have precedence over other civil proceedings. The case shall be set for trial within sixty days from the filing of an answer by the respondent.

B. A delay in determining paternity in an action commenced before the birth of the child shall be granted until after the birth of the child for purposes of paternity tests if any party to the proceedings requests.

C. The court, on its own motion or on motion of any party to the proceedings, shall order the mother, her child or children and the alleged father to submit to genetic testing and shall direct that inherited characteristics to determine parentage, including blood and tissue type, be determined by appropriate testing procedures conducted by an accredited laboratory. If the mother is unavailable or fails to cooperate by refusing to submit to genetic testing, testing of the alleged father and child or children may be appropriate. An expert duly qualified as an examiner of genetic markers shall be agreed on by the parties or appointed by the court to analyze and interpret the results and report to the court.

D. If the results of the genetic tests indicate that the likelihood of the alleged father's paternity is ninety-five per cent or greater, the alleged father is presumed to be the parent of the child and the party opposing the establishment of the alleged father's paternity shall establish by clear and convincing evidence that the alleged father is not the father of the child.

E. The examiner's report shall be admitted at trial unless a timely written challenge to the examiner's report is filed with the court within twenty days of the date the report was filed with the court. If the results of the examiner's report have been challenged and on the reasonable request of a party, the court shall order an additional test to be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.

F. If a timely written challenge is not filed pursuant to subsection E, the examiner's report is admissible in evidence without the need for foundation testimony or other proof of authenticity or accuracy.

G. The court, on application of either party, shall determine the proportion and time in which the initial test costs shall be paid.

H. On motion of a party to the proceedings, the court may order that experts perform alternative or additional tests including medical, scientific and genetic tests.

I. Either party may apply for summary judgment on the issue of paternity.

J. A state or local agency in this state, including the department of economic security, the department of child safety, the state department of corrections and any other correctional facility that has custody of a person who is the subject of the genetic testing order, shall treat a genetic testing order issued in another state that appears to be in good order as if it were issued by a court of this state.

K. Notwithstanding any other law, an agency, agency employee or agency contractor that acts in good faith to cooperate in obtaining genetic testing samples under this section is not subject to civil or criminal liability.

§ 25-808 Preliminary injunction; temporary restraining order; effect

A. In an action to establish legal decision-making and parenting time for a child who was born out of wedlock, the clerk of the court shall issue, pursuant to an order of the superior court, a preliminary injunction that is directed to each party to the action if the petitioner has filed one of the following:

A copy of the birth certificate that lists the father as parent.
An affidavit or acknowledgement signed by the father admitting paternity.
An adoption order listing both parties as parents.
A court order establishing paternity.

B. The preliminary injunction shall contain the following orders:

That both parties are enjoined from all of the following:

(a) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.

(b) Removing any natural or adopted child of the parties then residing in this state from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.

(c) Removing or causing to be removed any child of the parties from any existing insurance coverage, including medical, hospital, dental, automobile or disability insurance.

That both parties maintain all insurance coverage in full force and effect.

C. The preliminary injunction prescribed in subsection A of this section shall include the following statement:

Warning

This is an official court order. If you disobey this order the court may find you in contempt of court. You may also be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. You or the other party may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person who brought this action, you must also file evidence with the law enforcement agency that this order was served on the other party. This court order is effective until a final order of paternity, legal decision-making or parenting time is filed or the action is dismissed.

D. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order. The order remains effective until further order of the court or the entry of paternity, legal decision-making or parenting time.

E. At the time of filing the petition for paternity, legal decision-making or parenting time, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for paternity, legal decision-making or parenting time. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for paternity, legal decision-making or parenting time. The petitioner shall cause a copy of the preliminary injunction to be served on the respondent with a copy of the summons and petition for paternity, legal decision-making or parenting time.

F. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.

G. The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed. A bond is not required unless the court deems it appropriate.

H. A temporary order or preliminary injunction:

Does not prejudice the rights of the parties or of any child that are to be adjudicated at the subsequent hearings in the proceeding.
May be revoked or modified before the final decree on a showing by affidavit of the facts necessary for revocation or modification of a final decree.
Terminates when the final order is entered or when the petition is dismissed.

I. A person who disobeys or resists a preliminary injunction in violation of subsection B, paragraph 1 of this section is subject to arrest and prosecution for interference with judicial proceedings pursuant to section 13-2810 and the following procedures apply:

Any party may cause a certified copy of the injunction and return of service on the other party to be registered with the sheriff having jurisdiction of the area in which the party resides. The party originally registering the injunction shall register any changes or modifications of the injunction with the sheriff. For enforcement by arrest and prosecution for interference with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final order is entered or the action is dismissed.
A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this paragraph.
A peace officer making an arrest pursuant to paragraph 2 of this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.
A person arrested pursuant to paragraph 2 of this subsection may be released from custody in accordance with the Arizona rules of criminal procedure or other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.
The remedies provided in this subsection for enforcement of the preliminary injunction are in addition to any other civil or criminal remedies available, including civil contempt of court. The use of one remedy does not prevent the simultaneous or subsequent use of any other remedy.

§ 25-809 Judgment

A. Except as provided in section 25-501, subsection F, if a respondent admits parentage or if the issue is decided in the affirmative in an action instituted during the child's minority, the court shall direct, subject to applicable equitable defenses and using a retroactive application of the current child support guidelines, the amount, if any, the parties shall pay for the past support of the child and the manner in which payment shall be made.

B. The court shall enter an order for support determined to be due for the period between the commencement of the proceeding and the date that current child support is ordered to begin. The court shall not order past support retroactive to more than three years before the commencement of the proceeding unless the court makes a written finding of good cause after considering all relevant circumstances, including:

The circumstances, conduct or motivation of the party who claims entitlement to past support in not seeking an earlier establishment of maternity or paternity.
The circumstances, conduct or motivation of the party from whom past support is sought in impeding the establishment of maternity or paternity.
The diligence with which service of process was attempted on the respondent.

C. The court shall also direct the amount either parent shall pay for the actual costs of the pregnancy, childbirth and any genetic testing and other related costs subject to production of billing statements or other documentation. This documentation is prima facie evidence of amounts incurred and is admissible in evidence without the need for foundation testimony or other proof of authenticity or accuracy.

D. In any proceeding under this article the court shall order either parent or both parents to pay any monies reasonable and necessary for the support of the minor unemancipated child until the child reaches the age of majority or is emancipated. In determining the amount of support for the child, the court shall apply the child support guidelines pursuant to section 25-320, subsection D. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection F of this section.

E. The court may modify an order of support pursuant to section 25-503.

F. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

The court has considered the factors prescribed in subsection D of this section.
The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting.
The child's disability began before the child reached the age of majority.

G. After considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings, the court may order a party to pay a reasonable amount to the other party for the costs and expenses of maintaining or defending any proceeding under this article. The court may order the party to pay these amounts directly to the attorney. The attorney may enforce the order in the attorney's name with the same force and effect and in the same manner as if the order had been made on behalf of any party to the action. For the purposes of this subsection, "costs and expenses" includes attorney fees, deposition costs, appellate costs and other reasonable expenses the court determines were necessary.

H. The court has contempt powers to enforce its orders.

I. The parties may terminate an action brought under this article by agreement and compromise only if the court has approved the terms of the agreement and compromise.

§ 25-810 Liability of parents if putative mother or father is a minor; periodic payments

A. Except as provided pursuant to section 25-501, subsection F, the parent or parents having custody or control of the putative mother or father may be joined as respondents in the action if the putative mother or father is a minor or was a minor at the time the action was commenced. The parents may be held jointly and severally liable with the minor until the minor reaches the age of majority.

B. The court may order that a judgment made against a parent pursuant to this section be satisfied through periodic payments as other child support orders.

C. In addition to the enforcement of support remedies provided pursuant to section 25-508, an order made pursuant to this section that provides for periodic payments shall be enforced pursuant to this chapter.

§ 25-812 Voluntary acknowledgment of paternity; action to overcome paternity

A. This state or the parent of a child born out of wedlock may establish the paternity of a child by filing one of the following with the clerk of the superior court, the department of economic security or the department of health services:

A notarized or witnessed statement that contains the social security numbers of both parents and that is signed by both parents acknowledging paternity or two separate substantially similar notarized or witnessed statements acknowledging paternity. If the voluntary acknowledgment is filed with the court, the filing party must redact any social security numbers and file them separately pursuant to section 25-501, subsection G. If another man is presumed to be the child's father pursuant to section 25-814, an acknowledgment of paternity is valid only with the presumed father's written consent or as prescribed pursuant to section 25-814. A statement that is witnessed by an employee of the department of economic security or the department of health services or by an employee of a hospital must contain the printed name and residential or business address of the witness. A statement that is witnessed by any other person must contain the printed name and residential address of the witness. If the acknowledgment of paternity is witnessed, the witness must be an adult who is not related to either parent by blood or by marriage.
An agreement by the parents to be bound by the results of genetic testing including any genetic test previously accepted by a court of competent jurisdiction, or any combination of genetic testing agreed to by the parties, and an affidavit from a certified laboratory that the tested father has not been excluded.

B. On filing a document required in subsection A of this section with the clerk of the superior court, the clerk or authorized court personnel shall issue an order establishing paternity, which may amend the name of the child or children, if requested by the parents. The clerk shall transmit a copy of the order of paternity to the department of health services and the department of economic security.

C. On entry of an order by the clerk of the superior court, the paternity determination has the same force and effect as a judgment of the superior court. In a non-title IV-D case, the clerk shall transmit a copy of an order granted under this subsection to the state title IV-D agency. The case filing fee prescribed by section 12-284 shall not be charged to any person who, in the same county, initiates or responds to a proceeding to establish child support or to obtain an order for custody or parenting time within ninety days after an order establishing paternity is issued under subsection B of this section.

D. A voluntary acknowledgment of paternity executed pursuant to subsection A, paragraph 1 of this section may be filed with the department of economic security, which shall provide a copy to the department of health services. A voluntary acknowledgment of paternity made pursuant to this section is a determination of paternity and has the same force and effect as a superior court judgment.

E. Pursuant to rule 85(c) of the Arizona rules of family law procedure, the mother, father or child, or a party to the proceeding on a rule 85(c) motion, may challenge a voluntary acknowledgment of paternity established in this state at any time after the sixty day period only on the basis of fraud, duress or material mistake of fact, with the burden of proof on the challenger and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment shall not be suspended during the challenge except for good cause shown. The court shall order the mother, her child or children and the alleged father to submit to genetic testing and shall direct that appropriate testing procedures determine the inherited characteristics, including blood and tissue type. If the court finds by clear and convincing evidence that the genetic tests demonstrate that the established father is not the biological father of the child, the court shall vacate the determination of paternity and terminate the obligation of that party to pay ongoing child support. An order vacating the determination of paternity operates prospectively only and does not alter the obligation to pay child support arrearages or, unless otherwise ordered by the court, any other amount previously ordered to be paid pursuant to section 25-809.

F. Before signing a voluntary acknowledgment of paternity pursuant to this section, the parties shall be provided notice of the alternatives to, the legal consequences of and the rights and responsibilities that arise from signing the acknowledgment.

G. The department of economic security shall notify the department of health services of all paternity determinations and rescissions.

H. The mother or the father may rescind the acknowledgment of paternity within the earlier of:

Sixty days after the last signature is affixed to the notarized acknowledgment of paternity that is filed with the department of economic security, the department of health services or the clerk of the court.
The date of a proceeding relating to the child, including a child support proceeding in which the mother or father is a party.

I. A rescission authorized pursuant to subsection H of this section must be in writing and a copy of each rescission of paternity shall be filed with the department of economic security. The department of economic security shall mail a copy of the rescission of paternity to the other parent and to the department of health services.

J. Voluntary acknowledgments of paternity and rescissions of paternity filed pursuant to this section shall contain data elements in accordance with the requirements of the United States secretary of health and human services.

§ 25-813 Default order of paternity

In an action to establish paternity, the court shall enter an order of paternity if either:

The service of summons is complete and the respondent fails to appear or otherwise answer.
An order for genetic or blood testing has been entered and the respondent fails to appear without cause for an appointment to take a blood or genetic test or fails to take a blood or genetic test.

§ 25-814 Presumption of paternity

A. A man is presumed to be the father of the child if:

He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
Genetic testing affirms at least a ninety-five per cent probability of paternity.
A birth certificate is signed by the mother and father of a child born out of wedlock.
A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.

B. If another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.

C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.

§ 25-815 Paternity; full faith and credit

If paternity has been established in another state by a court or administrative order or voluntary acknowledgment, the determination of paternity has the same force and effect in this state as if the determination of paternity was granted by a court in this state.

§ 25-816 Title IV-D child support; paternity establishment; genetic testing

A. On receipt of a sworn statement by the mother or the alleged father alleging paternity and setting forth the facts establishing a reasonable possibility of the requisite sexual contact between the parties, the department of economic security or its agent may order the mother, her child or children and the alleged father to submit to the drawing of blood or tissue samples for genetic testing of a type generally acknowledged as reliable by accreditation bodies. If the mother cannot be located the department or its agent may order the caretaker of the child or children to present the child or children for genetic testing. The order shall be served by first class mail or delivered at least ten business days before the genetic testing. The department or its agent shall pay the costs of the test subject to repayment from the mother or the alleged father if paternity is established. An order of genetic testing issued by the department or its agent has the same force and effect as a superior court order.

B. If the results of the genetic testing indicate that the likelihood of the alleged father's paternity is ninety-five per cent or greater, the alleged father is presumed to be the parent of the child and the party opposing the establishment of the alleged father's paternity shall establish by clear and convincing evidence that he is not the father of the child.

C. A person who is tested pursuant to this section may contest the test results in writing to the department or its agent within thirty days after the department or its agent mails the results to that person. If the original test results are contested in a timely manner, on request and advance payment by the requesting party, the department or its agent shall order a second genetic test pursuant to subsection A.

§ 25-817 Temporary orders; presumption of paternity

A. Pending a judicial determination of paternity, the court shall issue a temporary order of support, and may issue a temporary order regarding custody and parenting time, if any of the following applies:

Genetic testing affirms at least a ninety-five per cent probability of paternity.
A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed acknowledging paternity and filed with the department of health services pursuant to section 36-334 or filed with the department of economic security.
The respondent admits or does not deny paternity in a written response filed with the clerk of the court.

B. A temporary order issued pursuant to this section does not prejudice the rights of a person or child that are adjudicated at subsequent hearings in the proceeding.

C. A temporary order issued pursuant to this section may be revoked or modified and terminates when the final support, custody or parenting time order is entered or when the petition for support, custody or parenting time is dismissed.

§ 25-818 Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements

A. The department of economic security shall maintain a paternity case registry for this state. Public and private entities that obtain or receive a voluntary acknowledgment of paternity shall promptly transmit the original signed and completed acknowledgment to the department of economic security. This requirement does not apply to the superior court.

B. The department of economic security may dispose of an original voluntary acknowledgment of paternity not sooner than one year after the date of the last signature on the acknowledgment and only after it makes an electronic copy of the original acknowledgment.

C. The clerk of the superior court shall transmit a copy of each order of paternity or maternity to the department of economic security.

D. The department of economic security shall maintain automated records regarding the parents and any child whose name is stated in a voluntary acknowledgment of paternity or an order of paternity or maternity.

E. The clerk of the superior court, the department of economic security and the department of health services shall cooperate to ensure that the state registrar of vital records receives a copy of a voluntary acknowledgment of paternity or order of paternity or maternity relating to any child born in this state.

Chapter 7 Covenant Marriage

Article 1 General Provisions

§ 25-901 Covenant marriage; declaration of intent; filing requirements

A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to section 25-121 and by complying with the requirements of this chapter. The returned marriage license shall be recorded as provided by section 25-123 with an indication that the marriage is a covenant marriage, and the declaration shall be filed by the clerk.

B. A declaration of intent to enter into a covenant marriage shall contain all of the following:

The following written statement:

A Covenant Marriage

We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.

With full knowledge of what this commitment means, we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives.

An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation.
The signatures of both parties witnessed by a court clerk.

C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. The clerk shall document that the attestation was submitted.

§ 25-902 Existing marriages; conversion to covenant marriage; recording requirements

A husband and wife may enter into a covenant marriage by submitting to the clerk of the superior court or any other official designated by the clerk pursuant to section 25-126 or 25-127 the declaration prescribed in section 25-901, subsection B, paragraphs 1 and 3 and a sworn statement of their names and the date and place their marriage was contracted and by paying the fee prescribed in section 12-284, subsection A. The clerk shall file all documentation required by this section and shall issue to the husband and wife a certificate that documents the conversion. A husband and wife who apply for a covenant marriage conversion under this section are not required to receive premarital counseling required by section 25-901 and are not required to have the converted covenant marriage separately solemnized. Conversion to a covenant marriage does not make valid a marriage that is prohibited pursuant to this title or that is not validly contracted in this state.

§ 25-903 Dissolution of a covenant marriage; grounds

Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3, article 2 of this title unless it finds any of the following:

The respondent spouse has committed adultery.
The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.
The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.
The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
The respondent spouse has habitually abused drugs or alcohol.
The husband and wife both agree to a dissolution of marriage.

§ 25-904 Decree of legal separation; grounds

Notwithstanding any law to the contrary, if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of legal separation pursuant to chapter 3, article 2 of this title unless it finds any of the following:

The respondent spouse has committed adultery.
The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.
The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
The respondent spouse has physically or sexually abused the petitioner, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.
The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition, the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation, except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
The respondent spouse's habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.
The respondent spouse has habitually abused drugs or alcohol.

§ 25-905 Temporary orders for support and spousal maintenance

A husband or wife may file a petition for legal separation or a petition for dissolution of covenant marriage at any time. The court may enter temporary orders pursuant to section 25-315 at any time after a petition for legal separation or a petition for dissolution has been filed pursuant to this chapter.

§ 25-906 Information pamphlet; requirements; distribution

A. The supreme court shall publish a pamphlet entitled "Covenant Marriage in Arizona". The pamphlet shall describe the requirements for entering into a covenant marriage pursuant to this chapter and the grounds necessary to obtain a decree of dissolution of marriage or a legal separation.

B. The supreme court shall provide the pamphlet on request to any person who provides counseling pursuant to this chapter.

Chapter 8 Uniform Child Custody Jurisdiction and Enforcement Act

Article 1 General Provisions

§ 25-1001 Short title

This chapter may be cited as the uniform child custody jurisdiction and enforcement act.

§ 25-1002 Definitions

In this chapter, unless the context otherwise requires:

"Abandoned" means left without provision for reasonable and necessary care or supervision.
"Child" has the same meaning prescribed in section 1-215.
"Child custody determination":

(a) Means any judgment, decree or other order of a court, including a permanent, temporary, initial and modification order, for legal custody, physical custody or visitation with respect to a child.

(b) Does not include an order relating to child support or any other monetary obligation of an individual.

"Child custody proceeding":

(a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which legal custody, physical custody or visitation with respect to a child is an issue or in which that issue may appear.

(b) Does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 3 of this chapter.

"Commencement" means the filing of the first pleading in a proceeding.
"Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.
"Home state" means:

(a) The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state.

(b) If a child is less than six months of age, the state in which the child lived from birth with a parent or person acting as a parent, including any period during which that person is temporarily absent from that state.

"Initial determination" means the first child custody determination concerning a particular child.
"Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.
"Issuing state" means the state in which a child custody determination is made.
"Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity.
"Person acting as a parent" means a person, other than a parent, who meets both of the following requirements:

(a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding.

(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

"Physical custody" means the physical care and supervision of a child.
"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.
"Tribe" means an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state.
"Visitation" includes parenting time as defined in section 25-401.
"Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

§ 25-1003 Proceeding governed by other law

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

§ 25-1004 Application to Indian tribes

A. A child custody proceeding that pertains to an Indian child as defined in the Indian child welfare act (25 United States Code section 1903) is not subject to this chapter to the extent that it is governed by the Indian child welfare act.

B. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter.

C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter.

§ 25-1005 International application of chapter

A. A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter.

B. Except as otherwise provided in subsection C, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter.

C. A court of this state is not required to apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

§ 25-1006 Effect of child custody determination

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified pursuant to section 25-1008 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

§ 25-1007 Priority

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, on request of a party, the question must be given priority on the calendar and handled expeditiously.

§ 25-1008 Notice to persons outside this state

A. Notice required for the exercise of jurisdiction if a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

B. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.

C. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

§ 25-1009 Appearance and limited immunity

A. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

B. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party who is present in this state and who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

C. The immunity granted by subsection A does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter and committed by an individual while present in this state.

§ 25-1010 Communication between courts; definition

A. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.

B. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

C. Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication.

D. Except as otherwise provided in subsection C, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

E. For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in any electronic or other medium and that is retrievable in perceivable form.

§ 25-1011 Taking testimony in another state

A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms on which the testimony is taken.

B. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the means of transmission.

§ 25-1012 Cooperation between courts; preservation of records

A. A court of this state may request the appropriate court of another state to:

Hold an evidentiary hearing.
Order a person to produce or give evidence pursuant to procedures of that state.
Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request.
Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

B. On request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection A.

C. Travel and other necessary and reasonable expenses incurred under subsections A and B may be assessed against the parties according to the law of this state.

D. A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. On appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.

§ 25-1013 Military deployment; home state

Notwithstanding section 25-1002, if this state is the home state of a child at the time of the military deployment of that child's custodial parent outside of the United States and the child is relocated outside of the United States during the deployment, this state remains the home state of the child until the deployment ends.

Article 2 Jurisdiction

§ 25-1031 Initial child custody jurisdiction

A. Except as otherwise provided in section 25-1034, a court of this state has jurisdiction to make an initial child custody determination only if any of the following is true:

This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.
A court of another state does not have jurisdiction under paragraph 1 or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 25-1037 or 25-1038 and both of the following are true:

(a) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.

(b) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships.

All courts having jurisdiction under paragraph 1 or 2 have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 25-1037 or 25-1038.
A court of any other state would not have jurisdiction under the criteria specified in paragraph 1, 2 or 3.

B. Subsection A of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

C. Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.

§ 25-1032 Exclusive continuing jurisdiction

A. Except as otherwise provided in section 25-1034, a court of this state that has made a child custody determination consistent with section 25-1031 or 25-1033 has exclusive, continuing jurisdiction over the determination until either of the following is true:

A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships.
A court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state.

B. A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 25-1031.

§ 25-1033 Jurisdiction to modify determination

Except as otherwise provided in section 25-1034, a court of this state shall not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 25-1031, subsection A, paragraph 1 or 2 and either of the following is true:

The court of the other state determines that it no longer has exclusive, continuing jurisdiction under section 25-1032 or that a court of this state would be a more convenient forum under section 25-1037.
A court of this state or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.

§ 25-1034 Temporary emergency jurisdiction

A. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

B. If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.

C. If there is a previous child custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under section 25-1031, 25-1032 or 25-1033. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

D. A court of this state that has been asked to make a child custody determination under this section, on being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, shall immediately communicate with the other court. A court of this state that exercises jurisdiction pursuant to section 25-1031, 25-1032 or 25-1033, on being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order.

§ 25-1035 Notice; opportunity to be heard; joinder

A. Before a child custody determination is made under this chapter, notice and an opportunity to be heard pursuant to section 25-1008 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated and any person having physical custody of the child.

B. This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

C. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.

§ 25-1036 Simultaneous proceedings

A. Except as otherwise provided in section 25-1034, a court of this state shall not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 25-1037.

B. Except as otherwise provided in section 25-1034, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 25-1039. If the court determines that a child custody proceeding has been commenced in a court in another state that has jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following:

Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement.
Enjoin the parties from continuing with the proceeding for enforcement.
Proceed with the modification under conditions it considers appropriate.

§ 25-1037 Inconvenient forum

A. A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised on motion of a party, the court's own motion or request of another court.

B. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors including:

Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child.
The length of time the child has resided outside this state.
The distance between the court in this state and the court in the state that would assume jurisdiction.
The relative financial circumstances of the parties.
Any agreement of the parties as to which state should assume jurisdiction.
The nature and location of the evidence required to resolve the pending litigation, including testimony of the child.
The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence.
The familiarity of the court of each state with the facts and issues in the pending litigation.

C. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings on condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

D. A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

§ 25-1038 Jurisdiction declined by reason of conduct

A. Except as otherwise provided in section 25-1034, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless any of the following is true:

The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction.
A court of the state otherwise having jurisdiction under section 25-1031, 25-1032 or 25-1033 determines that this state is a more appropriate forum under section 25-1037.
A court of any other state would not have jurisdiction under the criteria specified in section 25-1031, 25-1032 or 25-1033.

B. If a court of this state declines to exercise its jurisdiction pursuant to subsection A of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under section 25-1031, 25-1032 or 25-1033.

C. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection A of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court shall not assess fees, costs or expenses against this state unless authorized by law other than this chapter.

§ 25-1039 Information to be submitted to court

A. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:

Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, shall identify the court, the case number and the date of the child custody determination, if any.
Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, shall identify the court, the case number and the nature of the proceeding.
Knows the names and addresses of any person who is not a party to the proceeding and who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

B. If the information required by subsection A is not furnished, the court, on motion of a party or on its own motion, may stay the proceeding until the information is furnished.

C. If the declaration as to any of the items described in subsection A, paragraph 1, 2 or 3 is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

E. If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.

§ 25-1040 Appearance of parties and child

A. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.

B. If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to section 25-1008 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

C. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

D. If a party to a child custody proceeding who is outside this state is directed to appear under subsection B of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

Article 3 Enforcement

§ 25-1051 Definitions

In this article, unless the context otherwise requires:

"Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child custody determination.
"Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague convention on the civil aspects of international child abduction or enforcement of a child custody determination.

§ 25-1052 Enforcement under Hague convention

Under this article a court of this state may enforce an order for the return of the child made under the Hague convention on the civil aspects of international child abduction as if it were a child custody determination.

§ 25-1053 Duty to enforce

A. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

B. A court of this state may use any remedy available under any other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.

§ 25-1054 Temporary visitation

A. A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

A visitation schedule made by a court of another state.
The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

B. If a court of this state makes an order under subsection A, paragraph 2, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in article 2 of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.

§ 25-1055 Registration of child custody determination

A. A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state all of the following:

A letter or another document requesting registration.
Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified.
Except as otherwise provided in section 25-1039, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

B. On receipt of the documents required by subsection A of this section, the registering court shall:

Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.
Serve notice on the persons named pursuant to subsection A, paragraph 3 of this section and provide them with an opportunity to contest the registration in accordance with this section.

C. The notice required by subsection B, paragraph 2 of this section must state that:

A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state.
A hearing to contest the validity of the registered determination must be requested within twenty days after service of notice.
Failure to contest the registration shall result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

D. A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes any of the following:

The issuing court did not have jurisdiction under article 2 of this chapter.
The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter.
The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 25-1008, in the proceedings before the court that issued the order for which registration is sought.

E. If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

F. Confirmation of a registered order, whether by operation of law or after notice and a hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

§ 25-1056 Enforcement of registered determination

A. A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.

B. A court of this state shall recognize and enforce, but shall not modify, except in accordance with article 2 of this chapter, a registered child custody determination of a court of another state.

§ 25-1057 Simultaneous proceedings

If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under article 2 of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

§ 25-1058 Expedited enforcement of child custody determination

A. A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

B. A petition for enforcement of a child custody determination must state:

Whether the court that issued the determination identified the jurisdictional basis it relied on in exercising jurisdiction and, if so, what the basis was.
Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, shall identify the court, the case number and the nature of the proceeding.
Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, shall identify the court, the case number and the nature of the proceeding.
The present physical address of the child and the respondent, if known.
Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought.
If the child custody determination has been registered and confirmed under section 25-1055, the date and place of registration.

C. On the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of the hearing at the request of the petitioner.

D. An order issued under subsection C of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under section 25-1062 and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that either of the following is true:

The child custody determination has not been registered and confirmed under section 25-1055 and that any of the following is true:

(a) The issuing court did not have jurisdiction under article 2 of this chapter.

(b) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter.

(c) The respondent was entitled to notice, but notice was not given in accordance with section 25-1008, in the proceedings before the court that issued the order for which enforcement is sought.

The child custody determination for which enforcement is sought was registered and confirmed under section 25-1054, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter.

§ 25-1059 Service of petition and order

Except as otherwise provided in section 25-1061, the petition and order must be served on the respondent and any person who has physical custody of the child by any method authorized by this state.

§ 25-1060 Hearing and order

A. Unless the court issues a temporary emergency order in accordance with section 25-1034, on a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that either of the following is true:

The child custody determination has not been registered and confirmed under section 25-1053 and that any of the following is true:

(a) The issuing court did not have jurisdiction under article 2 of this chapter.

(b) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter.

(c) The respondent was entitled to notice, but notice was not given in accordance with section 25-1008, in the proceedings before the court that issued the order for which enforcement is sought.

The child custody determination for which enforcement is sought was registered and confirmed under section 25-1055 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 of this chapter.

B. The court shall award the fees, costs and expenses authorized under section 25-1062, may grant additional relief, including a request for the assistance of law enforcement officials, and may set a further hearing to determine whether additional relief is appropriate.

C. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

D. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child shall not be invoked in a proceeding under this article.

§ 25-1061 Warrant to take physical custody of child

A. On the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.

B. If on the testimony of the petitioner or any other witness, the court finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 25-1058, subsection B.

C. A warrant to take physical custody of a child must do all of the following:

Recite the facts on which a conclusion of imminent serious physical harm or removal from the jurisdiction is based.
Direct law enforcement officers to take physical custody of the child immediately.
Provide for the placement of the child pending final relief.

D. The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.

E. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

F. The court may impose conditions on placement of a child to ensure the appearance of the child and the child's custodian.

§ 25-1062 Costs, fees and expenses

A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award is clearly inappropriate.

B. The court shall not assess fees, costs or expenses against a state unless authorized by law other than this chapter.

§ 25-1063 Recognition and enforcement

A court of this state shall accord full faith and credit to an order that is issued by another state, that is consistent with this chapter and that enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under article 2 of this chapter.

§ 25-1064 Appeals

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 25-1034, the enforcing court shall not stay an order enforcing a child custody determination pending appeal.

§ 25-1065 Role of attorney general

A. In a case that arises under this chapter or that involves the Hague convention on the civil aspects of international child abduction, the attorney general may take any lawful action, including resorting to a proceeding under this article or any other available civil proceeding, to locate a child, obtain the return of a child or enforce a child custody determination if there is any of the following:

An existing child custody determination.
A request to do so from a court in a pending child custody proceeding.
A reasonable belief that a criminal statute has been violated.
A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague convention on the civil aspects of international child abduction.

B. The attorney general acting pursuant to this section acts on behalf of the court and shall not represent any party.

§ 25-1066 Role of law enforcement

At the request of the attorney general who acts pursuant to section 25-1065, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party to assist the attorney general.

§ 25-1067 Costs and expenses

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the attorney general and law enforcement officers who act pursuant to section 25-1065 and 25-1066.

Chapter 9 Uniform Interestate Family Support Act

Article 1 General Provisions

§ 25-1201 Short title

This chapter may be cited as the uniform interstate family support act.

§ 25-1202 Definitions

In this chapter, unless the context otherwise requires:

"Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
"Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
"Convention" means the convention on the international recovery of child support and other forms of family maintenance, concluded at the Hague on November 23, 2007.
"Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.
"Foreign country" means a country, including a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:

(a) It has been declared under the law of the United States to be a foreign reciprocating country.

(b) It has established a reciprocal arrangement for child support with this state as provided in section 25-1248.

(c) It has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures prescribed in this chapter.

(d) The convention is in force in the country with respect to the United States.

"Foreign support order" means a support order of a foreign tribunal.
"Foreign tribunal" means a court, administrative agency or quasi-judicial entity of a foreign country that is authorized to establish, enforce or modify support orders or to determine parentage of a child. Foreign tribunal includes a competent authority under the convention.
"Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing a petition or a comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six month or other period.
"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.
"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.
"Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
"Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
"Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.
"Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
"Law" includes decisional and statutory law and rules and regulations having the force of law.
"Obligee" means any of the following:

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued.

(b) A foreign country, a state or a political subdivision of a state to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee in place of child support.

(d) A person that is a creditor in a proceeding under article 7 of this chapter.

"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.

(b) Is alleged but has not been adjudicated to be a parent of a child.

(d) Is a debtor in a proceeding under article 7 of this chapter.

"Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
"Petition" includes a complaint.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.
"Register" means to file in a tribunal in this state a support order or judgment that determines parentage of a child and that is issued in another state or a foreign country.
"Registering tribunal" means a tribunal in which a support order or a judgment determining parentage of a child is registered.
"Responding state" means a state in which a petition or comparable pleading for support or determination of parentage is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
"Responding tribunal" means the authorized tribunal in a responding state or a foreign country.
"Spousal support order" means a support order for a spouse or former spouse of the obligor.
"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. State includes an Indian nation or tribe.
"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.

(b) Seek the establishment or modification of child support.

(d) Attempt to locate obligors or their assets.

(e) Request a determination of the controlling child support order.

"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. Support order may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees and other relief.
"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.

§ 25-1203 State tribunal and support enforcement agency

A. The superior court is the tribunal of this state.

B. The department of economic security is the support enforcement agency of this state.

§ 25-1204 Remedies cumulative

A. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

B. This chapter does not:

Provide the exclusive method of establishing or enforcing a support order under the laws of this state.
Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal decision-making and parenting times in a proceeding under this chapter.

§ 25-1205 Application of chapter to resident of foreign country and foreign support proceeding

A. A tribunal of this state shall apply articles 1, 2, 3, 4, 5 and 6 of this chapter and, as applicable, article 7 of this chapter to a support proceeding that involves any of the following:

A foreign support order.
A foreign tribunal.
An obligee, an obligor or a child residing in a foreign country.

B. A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of articles 1, 2, 3, 4, 5 and 6 of this chapter.

C. Article 7 of this chapter applies only to a support proceeding under the convention. In such a proceeding, if a provision of article 7 of this chapter is inconsistent with articles 1, 2, 3, 4, 5 and 6 of this chapter, the article 7 provision controls.

Article 2 Jurisdiction

§ 25-1221 Bases for jurisdiction over nonresident

A. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if any of the following is true:

The individual is personally served within this state.
The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.
The individual resided with the child in this state.
The individual resided in this state and provided prenatal expenses or support for the child.
The child resides in this state as a result of the acts or directives of the individual.
The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
The individual asserted parentage of a child on a birth certificate filed in this state.
There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

B. The bases of personal jurisdiction prescribed in subsection A of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of section 25-1311 are met, or, in the case of a foreign support order, unless the requirements of section 25-1315 are met.

§ 25-1222 Duration of personal jurisdiction

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or another law of this state relating to a support order continues as long as the tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order pursuant to sections 25-1225, 25-1226 and 25-1231.

§ 25-1223 Initiating and responding tribunal of state

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

§ 25-1224 Simultaneous proceedings

A. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if all of the following are true:

The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country.
The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country.
If relevant, this state is the home state of the child.

B. A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if all of the following are true:

The petition or comparable pleading in the other state or the foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state.
The contesting party timely challenges the exercise of jurisdiction in this state.
If relevant, the other state or the foreign country is the home state of the child.

§ 25-1225 Continuing, exclusive jurisdiction to modify child support order

A. A tribunal of this state that has issued a support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and either:

At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued.
If this state is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

B. A tribunal of this state that has issued a child support order consistent with the law of this state shall not exercise continuing, exclusive jurisdiction to modify the order if either:

All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction.
Its order is not the controlling order.

C. If a tribunal of another state has issued a child support order pursuant to the uniform interstate family support act or a law substantially similar to that act and that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

D. A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

E. A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

§ 25-1226 Continuing jurisdiction to enforce child support order

A. A tribunal of this state that has issued a child support order consistent with the laws of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act.
A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

B. A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

§ 25-1227 Determination of controlling child support order

A. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal is controlling and shall be recognized.

B. If a proceeding is brought under this chapter and two or more child support orders have been issued by tribunals in this state, another state or a foreign country with regard to the same obligor and the same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.
If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child is controlling. If an order has not been issued in the current home state of the child, the order most recently issued is controlling.
If none of the tribunals would have continuing exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order that is controlling.

C. If two or more child support orders have been issued for the same obligor and the same child, on request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection B of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to article 6 of this chapter or may be filed as a separate proceeding.

D. A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

E. The tribunal that issued the order that is recognized as controlling under subsection A, B or C of this section has continuing jurisdiction to the extent provided pursuant to section 25-1225 or 25-1226.

F. A tribunal of this state that determines the order that is the controlling support order under subsection B, paragraph 1 or 2 of this section or subsection C of this section or that issues a new controlling support order under subsection B, paragraph 3 of this section shall state in that order:

The basis on which the tribunal made its determination.
The amount of prospective support, if any.
The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited pursuant to section 25-1229.

G. Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of the order in each tribunal that had issued or registered an earlier order of child support. A party or support enforcement agency that obtains the controlling order but fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

H. An order that has been determined to be the controlling order or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.

§ 25-1228 Child support orders for two or more obligees

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.

§ 25-1229 Credit for payments

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state or a foreign country.

§ 25-1230 Application of chapter to nonresident subject to personal jurisdiction

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter or other laws of this state relating to a support order, or recognizing a foreign support order, may receive evidence from outside this state pursuant to section 25-1256, communicate with a tribunal outside this state pursuant to section 25-1257 and obtain discovery through a tribunal outside this state pursuant to section 25-1258. In all other respects, articles 3, 4, 5 and 6 of this chapter do not apply and the tribunal shall apply the procedural and substantive law of this state.

§ 25-1231 Continuing, exclusive jurisdiction to modify spousal support order

A. A tribunal of this state issuing a spousal support order consistent with the laws of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

B. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the laws of that state or foreign country.

C. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as either:

An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.
A responding tribunal to enforce or modify its own spousal support order.

Article 3 Civil Provisions of General Application

§ 25-1241 Proceedings under this chapter

A. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.

B. An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.

§ 25-1242 Proceeding by minor parent

A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit of the minor's child.

§ 25-1243 Application of law of state

Except as otherwise provided by this chapter, a responding tribunal of this state shall:

Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings.
Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

§ 25-1244 Duties of initiating tribunal

A. On the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents either:

To the responding tribunal or the appropriate support enforcement agency in the responding state.
If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that the petition be forwarded to the appropriate tribunal and that receipt be acknowledged.

B. If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and may make findings required by the law of the responding state. If the responding tribunal is in a foreign country, on request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

§ 25-1245 Duties and powers of responding tribunal

A. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 25-1241, subsection B, it shall file the petition or pleading and notify the petitioner of where and when it was filed.

B. A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

Establish or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage of a child.
Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
Order income withholding.
Determine the amount of any arrearages and specify a method of payment.
Enforce orders by civil or criminal contempt, or both.
Set aside property for satisfaction of the support order.
Place liens and order execution on the obligor's property.
Order an obligor to keep the tribunal informed of the obligor's current residential address, e-mail address, telephone number, employer, address of employment and telephone number at the place of employment.
Issue a child support arrest warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the child support arrest warrant in any local and state computer systems for criminal warrants.
Order the obligor to seek appropriate employment by specified methods.
Award reasonable attorney fees and other fees and costs.
Grant any other available remedy.

C. A responding tribunal of this state shall include in a support order issued under this chapter or in the documents accompanying the order the calculations on which the support order is based.

D. A responding tribunal of this state may not condition the payment of a support order issued under this chapter on compliance by a party with provisions for visitation.

E. If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

F. If requested to enforce a support order, arrears or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

§ 25-1246 Inappropriate tribunal

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.

§ 25-1247 Duties of support enforcement agency

A. In a proceeding under this chapter, a support enforcement agency of this state, on request:

Shall provide services to a petitioner that resides in a state.
Shall provide services to a petitioner that requests services through a central authority of a foreign country described in section 25-1202, paragraph 5, subdivision (a) or (d).
May provide services to a petitioner who is an individual not residing in a state.

B. A support enforcement agency of this state that is providing services to the petitioner shall:

Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent.
Request an appropriate tribunal to set a date, time and place for a hearing.
Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties.
Within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a notice in a record from an initiating, responding or registering tribunal, send a copy of the notice by first class mail to the petitioner.
Within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication by first class mail to the petitioner.
Notify the petitioner if jurisdiction over the respondent cannot be obtained.

C. A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts to either:

Ensure that the order to be registered is the controlling order.
If two or more child support orders exist and the identity of the controlling order has not been determined, ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

D. A support enforcement agency of this state that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

E. A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrears and interest if requested to do so by a support enforcement agency of another state pursuant to section 25-1259.

F. This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

§ 25-1248 Duty of the attorney general

A. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

B. The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

§ 25-1249 Private counsel

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

§ 25-1250 Duties of department of economic security

A. The department of economic security is the state information agency under this chapter.

B. The department shall:

Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state.
Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states.
Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country.
Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification, federal or state locator services, examination of telephone directories, requests for the obligor's address from employers and examination of governmental records, including to the extent not prohibited by other law those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver licenses and social security.

§ 25-1251 Pleadings and accompanying documents

A. In a proceeding under this chapter, a petitioner seeking to establish a support order, determine parentage of a child or register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 25-1252, the petition or accompanying documents shall provide, as far as known, the name, residential address and social security number of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Any social security numbers may be redacted and filed separately pursuant to section 25-501, subsection G. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

B. The petition shall specify the relief sought. The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

§ 25-1252 Nondisclosure of information in exceptional circumstances

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and shall not be disclosed to the other party or to the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

§ 25-1253 Costs and fees

A. The petitioner may not be required to pay a filing fee or other costs.

B. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal shall not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

C. The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under article 6 of this chapter for the enforcement and modification of a support order after registration, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

§ 25-1254 Limited immunity of petitioner

A. Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

B. A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

C. The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding.

§ 25-1255 Nonparentage as defense

A party whose parentage of a child has been previously determined by or pursuant to law shall not plead nonparentage as a defense to a proceeding under this chapter.

§ 25-1256 Special rules of evidence and procedure

A. The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child.

B. An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any affidavit or mandated form that would not be excluded under the hearsay rule if given in person is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

C. A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.

D. Copies of bills for testing for parentage of a child and for prenatal and postnatal health care of the mother and child furnished to the adverse party at least ten days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

E. Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, fax or other electronic means that do not provide an original record shall not be excluded from evidence on an objection based on the means of transmission.

F. In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

G. If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

H. A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

I. The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

J. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

§ 25-1257 Communications between tribunals

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, e-mail or other means to obtain information concerning the laws, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.

§ 25-1258 Assistance with discovery

A tribunal of this state may:

Request a tribunal outside this state to assist in obtaining discovery.
On request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

§ 25-1259 Receipt and disbursement of payments

A. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

B. If neither the obligor, the obligee who is an individual nor the child resides in this state, on request from the support enforcement agency of this state or another state, a tribunal of this state shall:

Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.
Issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.

C. The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection B shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

Article 4 Establishment of Support Order or Determination of Parentage

§ 25-1271 Establishment of support order

A. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if either:

The individual seeking the order resides outside this state.
The support enforcement agency seeking the order is located outside this state.

B. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

A presumed father of the child.
Petitioning to have his paternity adjudicated.
Identified as the father of the child through genetic testing.
An alleged father who has declined to submit to genetic testing.
Shown by clear and convincing evidence to be the father of the child.
An acknowledged father as provided pursuant to section 36-334.
The mother of the child.
An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

C. On finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 25-1245.

§ 25-1272 Proceeding to determine parentage of a child

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine the parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

Article 5 Enforcement of Support Order Without Registration

§ 25-1281 Employer's receipt of income withholding order of another state

An income withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the person defined as the obligor's employer under the income withholding laws of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

§ 25-1282 Employer's compliance with income withholding order of another state

A. On receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

B. The employer shall treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

C. Except as provided by subsection D of this section and section 25-1283, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order that specify:

The duration and the amount of periodic payments of current child support, stated as a sum certain.
The person designated to receive payments and the address to which the payments are to be forwarded.
Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment.
The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain.
The amount of periodic payments of arrears and interest on arrears, stated as sums certain.

D. The employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

The employer's fee for processing an income withholding order.
The maximum amount permitted to be withheld from the obligor's income.
The time within which the employer shall implement the withholding order and forward the child support payment.

§ 25-1283 Employer's compliance with two or more income withholding orders

If the obligor's employer receives two or more orders to withhold support from the earnings, income, entitlements or other monies of the same obligor, the employer is deemed to have satisfied the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.

§ 25-1284 Immunity from civil liability

An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

§ 25-1285 Penalties for noncompliance

An employer that wilfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

§ 25-1286 Contest by obligor

A. An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in article 6 of this chapter or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

B. The obligor shall give notice of the contest to:

A support enforcement agency providing services to the obligee.
Each employer that has directly received an income withholding order.
The person designated in the income withholding order to receive payments, or if no person is designated, to the obligee.

§ 25-1287 Administrative enforcement of orders

A. A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

B. On receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the laws of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.

Article 6 Registration, Enforcement and Modification of Support Order

§ 25-1301 Registration of order for enforcement

A support order or an income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

§ 25-1302 Procedure to register order for enforcement

A. Except as provided in section 25-1336, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following documents 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.

Except as otherwise provided in section 25-1252, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

C. A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

D. If two or more orders are in effect, the person requesting registration shall:

Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section.
Specify the order alleged to be the controlling order, if any.
Specify the amount of consolidated arrears, if any.

E. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

§ 25-1303 Effect of registration for enforcement

A. A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

B. A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

C. Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

§ 25-1304 Choice of law

A. Except as otherwise provided in subsection D of this section, the law of the issuing state or foreign country governs:

The nature, extent, amount and duration of current payments under a registered support order.
The computation and payment of arrearages and accrual of interest on the arrearages under the support order.
The existence and satisfaction of other obligations under the support order.

B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.

C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

D. After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.

§ 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.

B. A notice shall inform the nonregistering party:

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.
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.
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.
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:

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.
Notify the nonregistering party of the right to a determination of which is the controlling order.
State that the procedures provided in subsection B of this section apply to the determination of which is the controlling order.
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.

§ 25-1306 Procedure to contest validity or enforcement of registered support order

A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 25-1305. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 25-1307.

B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for a hearing and give notice to the parties by first class mail of the date, time and place of the hearing.

§ 25-1307 Contest of registration or enforcement

A. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

The issuing tribunal lacked personal jurisdiction over the contesting party.
The order was obtained by fraud.
The order has been vacated, suspended or modified by a later order.
The issuing tribunal has stayed the order pending appeal.
There is a defense under the law of this state to the remedy sought.
Full or partial payment has been made.
The statute of limitation applicable under section 25-1304 precludes enforcement of some or all of the alleged arrearages.
The alleged controlling order is not the controlling order.

B. If a party presents evidence establishing a full or partial defense under subsection A of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the laws of this state.

C. If the contesting party does not establish a defense under subsection A of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

§ 25-1308 Confirmed order

Confirmation of a registered support order, whether by operation of law or after notice and a hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

§ 25-1309 Procedure to register child support order of another state for modification

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in sections 25-1301, 25-1302, 25-1303, 25-1304, 25-1305, 25-1306, 25-1307 and 25-1308 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading shall specify the grounds for modification.

§ 25-1310 Effect of registration for modification

A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section 25-1311 or 25-1313 have been met.

§ 25-1311 Modification of child support order of another state

A. If section 25-1313 does not apply, on petition, a tribunal of this state may modify a child support order issued in another state that is registered in this state if, after notice and a hearing, it finds that any of the following is true:

The following requirements are met:

(a) Neither the child, the obligee who is an individual nor the obligor resides in the issuing state.

(b) A petitioner who is a nonresident of this state seeks modification.

This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

B. Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.

C. A tribunal of this state may not modify any aspect of a child support order that may not be modified under the laws of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be recognized under section 25-1227 establishes the aspects of the support order that are nonmodifiable.

D. In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

E. On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

F. Notwithstanding this section and section 25-1221, subsection B, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if both of the following are true:

One party resides in another state.
The other party resides outside the United States.

§ 25-1312 Recognition of order modified in another state

If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:

May enforce the order that was modified only as to arrears and interest accruing before the modification.
May provide appropriate relief for violations of its order that occurred before the effective date of the modification.
Shall recognize the modifying order of the other state, on registration, for the purpose of enforcement.

§ 25-1313 Jurisdiction to modify child support order of another state if individual parties reside in this state

A. If all of the individual parties reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and modify the issuing state's child support order in a proceeding to register that order.

B. A tribunal of this state exercising jurisdiction as provided in this section shall apply the provisions of this article and articles 1 and 2 of this chapter to the enforcement or modification proceeding. Articles 3, 4, 5, 7 and 8 of this chapter do not apply, and the tribunal shall apply the procedural and substantive laws of this state.

§ 25-1314 Notice to issuing tribunal of modification

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party that obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal of continuing, exclusive jurisdiction.

§ 25-1315 Jurisdiction to modify child support order of foreign country

A. Except as provided in section 25-1341, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 25-1311 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

B. An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.

§ 25-1316 Procedure to register child support order of foreign country for modification

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state in the same manner as provided in sections 25-1301, 25-1302, 25-1303, 25-1304, 25-1305, 25-1306, 25-1307 and 25-1308 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

Article 7 Support Proceeding Under Convention

§ 25-1331 Definitions

In this article:

"Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
"Central authority" means the entity designated by the United States or a foreign country described in section 25-1202, paragraph 5, subdivision (d) to perform the functions specified in the convention.
"Convention support order" means a support order of a tribunal of a foreign country described in section 25-1202, paragraph 5, subdivision (d).
"Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.
"Foreign central authority" means the entity designated by a foreign country described in section 25-1202 to perform the functions specified in the convention.
"Foreign support agreement":

(a) Means an agreement for support in a record to which all of the following apply:

(i) It is enforceable as a support order in the country of origin.

(ii) It has been formally drawn up or registered as an authentic instrument by a foreign tribunal or authenticated by, or concluded, registered or filed with, a foreign tribunal.

(iii) It may be reviewed and modified by a foreign tribunal.

(b) Includes a maintenance arrangement or authentic instrument under the convention.

"United States central authority" means the secretary of the United States department of health and human services.

§ 25-1332 Applicability

This article applies only to a support proceeding under the convention. In such a proceeding, if a provision of this article is inconsistent with articles 1, 2, 3, 4, 5 and 6 of this chapter, this article controls.

§ 25-1333 Relationship of department of economic security to United States central authority

The department of economic security is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

§ 25-1334 Initiation by department of economic security of support proceeding under convention

A. In a support proceeding under this article, the department of economic security shall do both of the following:

Transmit and receive applications.
Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

B. The following support proceedings are available to an obligee under the convention:

Recognition or recognition and enforcement of a foreign support order.
Enforcement of a support order issued or recognized in this state.
Establishment of a support order if there is no existing order, including, if necessary, a determination of parentage of a child.
Establishment of a support order if recognition of a foreign support order is refused under section 25-1338, subsection B, paragraph 2, 4 or 9.
Modification of a support order of a tribunal of this state.
Modification of a support order of a tribunal of another state or a foreign country.

C. The following support proceedings are available under the convention to an obligor against which there is an existing support order:

Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
Modification of a support order of a tribunal of this state.
Modification of a support order of a tribunal of another state or a foreign country.

D. A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

§ 25-1335 Direct request

A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

B. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 25-1336, 25-1337, 25-1338, 25-1339, 25-1340, 25-1341, 25-1342 and 25-1343 apply.

C. In a direct request for recognition and enforcement of a convention support order or foreign support agreement:

A security, bond or deposit is not required to guarantee the payment of costs and expenses.
An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

D. A petitioner filing a direct request is not entitled to assistance from the department of economic security.

E. This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

§ 25-1336 Registration of convention support order

A. Except as otherwise provided in this article, a party who is an individual or that is a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in article 6 of this chapter.

B. Notwithstanding section 25-1251 and section 25-1302, subsection A, a request for registration of a convention support order must be accompanied by all of the following:

A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague conference on private international law.
A record stating that the support order is enforceable in the issuing country.
If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
A record showing the amount of arrears, if any, and the date the amount was calculated.
A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations.
If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

C. A request for registration of a convention support order may seek recognition and partial enforcement of the order.

D. A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 25-1337 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.

§ 25-1337 Contest of registered convention support order

A. Except as otherwise provided in this article, sections 25-1305, 25-1306, 25-1307 and 25-1308 apply to a contest of a registered convention support order.

B. A party contesting a registered convention support order shall file a contest not later than thirty days after the date of mailing or personal service of the notice of the registration, but if the contesting party does not reside in the United States, the contesting party shall file the contest not later than sixty days after the date of mailing or personal service of the notice of the registration.

C. If the nonregistering party fails to contest the registered convention support order by the time specified in subsection B of this section, the order is enforceable.

D. A contest of a registered convention support order may be based only on grounds set forth in section 25-1338. The contesting party bears the burden of proof.

E. In a contest of a registered convention support order, a tribunal of this state:

Is bound by the findings of fact on which the foreign tribunal based its jurisdiction.
May not review the merits of the order.

F. A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.

G. A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.

§ 25-1338 Recognition and enforcement of registered convention support order

A. Except as provided in subsection B of this section, a tribunal of this state shall recognize and enforce a registered convention support order.

B. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:

Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
The issuing tribunal lacked personal jurisdiction consistent with section 25-1221.
The order is not enforceable in the issuing country.
The order was obtained by fraud in connection with a matter of procedure.
A record transmitted under section 25-1336 lacks authenticity or integrity.
A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed.
The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state.
Payment, to the extent alleged arrears have been paid in whole or in part.
In a case in which the respondent did not appear or was not represented in the proceeding in the issuing foreign country:

(a) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard.

(b) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.

The order was made in violation of section 25-1341.

C. If a tribunal of this state does not recognize a convention support order under subsection B, paragraph 2, 4 or 9 of this section:

The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order.
The department of economic security shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 25-1334.

§ 25-1339 Partial enforcement

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.

§ 25-1340 Foreign support agreement

A. Except as provided in subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

B. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by both of the following:

A complete text of the foreign support agreement.
A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds any of the following:

Recognition and enforcement of the agreement is manifestly incompatible with public policy.
The agreement was obtained by fraud or falsification.
The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state.
The record submitted under subsection B of this section lacks authenticity or integrity.

E. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

§ 25-1341 Modification of convention child support order

A. A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless either of the following applies:

The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity.
The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

B. If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, section 25-1338, subsection C applies.

§ 25-1342 Personal information; limit on use

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.

§ 25-1343 Record in original language; English translation

A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation.

Article 8 Interstate Rendition

§ 25-1361 Grounds for rendition

A. The governor of this state may:

Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee.
On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

B. A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.

§ 25-1362 Conditions of rendition

A. Before making a demand that the governor of another state surrender an individual, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

B. If under this chapter or a law substantially similar to this chapter, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

C. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

Chapter 10 Legitimacy of Children

Article 1 General Provisions

§ 25-1401 Legitimacy of children born out of wedlock

Every child is the legitimate child of its natural parents and is entitled to support and education as if born in lawful wedlock.

Chapter 11 Domestic Relations Proceedings

Article 1 General Provisions

§ 25-1501 Alleged incapacitated person; guardian ad litem

A. In a proceeding filed pursuant to this title, if the court finds that there is reasonable cause to believe that an adult party is or may be an incapacitated person as defined in section 14-5101 or is a person in need of protection pursuant to section 14-5401 and that the party is or may be in need of guardianship or conservatorship, or both, the court may appoint a guardian ad litem to conduct an investigation concerning the need for a guardian or conservator, or both. After conducting the investigation, if deemed appropriate the guardian ad litem may initiate and prosecute proceedings under chapter 5 of title 14 for the appointment of a guardian, a conservator, or both for the adult party.

B. If deemed necessary to adequately assess the capacity of an adult party to a pending proceeding pursuant to this title, on the request of the guardian ad litem or on the court's own motion the court may order an independent evaluation by a licensed physician who is competent to perform such an evaluation.

C. A guardian ad litem appointed by the court and any evaluator designated by the court to evaluate the capacity of an adult party to the proceedings pursuant to this section may receive reasonable compensation for the work performed by the guardian ad litem or evaluator. The reasonable fees and costs of the guardian ad litem and any evaluator appointed shall be paid for by the person alleged to be incapacitated or in need of protection or paid from an appropriate available marital community property fund or asset. If the court determines that the person who is alleged to be incapacitated or in need of protection has insufficient monies to pay the total cost of the fees and costs of a guardian ad litem or evaluator or that there are insufficient available community monies or assets to pay these fees and costs, the court may order all or any part of the fees or costs to be a county expense after determining the reasonableness of the fees or costs.

D. The supreme court shall adopt appropriate rules to govern the appointment of a guardian ad litem in proceedings under this title.