Title 25
Arizona Revised Statutes
7 sections
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:
1. 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.
2. 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.
3. 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.
4. 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.
5. The address and telephone number of the department.
6. 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.