Arizona Laws 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.
Terms Used In Arizona Laws 25-516
- Department: means the department of economic security. See Arizona Laws 25-500
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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.
- Obligor: means a person obligated to pay support. See Arizona Laws 25-500
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
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.