Arizona Laws 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:
Terms Used In Arizona Laws 25-1334
- 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. See Arizona Laws 25-1202
- 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. See Arizona Laws 25-1202
- 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. See Arizona Laws 25-1202
- Foreign support order: means a support order of a foreign tribunal. See Arizona Laws 25-1202
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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. See Arizona Laws 25-1202
- Obligor: means an individual or the estate of a decedent that meets any of the following conditions:
(a) Owes or is alleged to owe a duty of support. See Arizona Laws 25-1202
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1202
- Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Arizona Laws 25-1202
- Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
1. Transmit and receive applications.
2. 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:
1. Recognition or recognition and enforcement of a foreign support order.
2. Enforcement of a support order issued or recognized in this state.
3. Establishment of a support order if there is no existing order, including, if necessary, a determination of parentage of a child.
4. 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.
5. Modification of a support order of a tribunal of this state.
6. 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:
1. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
2. Modification of a support order of a tribunal of this state.
3. 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.