Arizona Laws 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:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 25-513
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Department: means the department of economic security. See Arizona Laws 25-500
- Dependent: A person dependent for support upon another.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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. See Arizona Laws 25-500
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- 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. See Arizona Laws 25-500
1. Complete name.
2. Social security number.
3. Date and place of birth.
4. Present and past employment status.
5. Earnings, income, entitlements or other monies without regard to source.
6. Current or last known address.
7. Assets.
8. Availability and description of present or previous health insurance coverage for a dependent child.
9. Health insurance benefits paid or applied for under a health insurance policy for a dependent child.
10. 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:
1. To identify and locate a person who is under an obligation to pay support.
2. To identify and locate a person against whom an obligation is sought.
3. To identify and locate a person to whom an obligation is owed.
4. 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.