For the latest Arizona Laws, visit AZ State Legislature - Title 25 - Marital and Domestic Relations
25-320.01 . Child support arrearage; driver's license suspension; hearing
A. If the court finds from the evidence presented at a hearing to enforce a child support order that the obligor has wilfully failed to pay support and continues to wilfully fail to pay child support and is at least two months in arrears, the court shall send a certificate of noncompliance to the department of transportation in a form prescribed by the department of transportation. The department of transportation shall suspend the obligor's driver's license pursuant to section 28-413, subsection A, paragraph 11.
B. The court shall hold a review hearing not more than one hundred twenty days after it issues the certificate to the department of transportation. If the obligor establishes at this hearing that the obligor is in compliance with the support order, the court shall send a certificate of compliance to the department of transportation. The obligor may then apply for license reinstatement as prescribed by the department of transportation and shall pay all applicable fees as prescribed by section 28-205.
C. A non-IV-D obligee may petition the court for an order to suspend the driver's license of a person who is at least two months in arrears on a child support obligation if the non-IV-D obligee complies with the notice requirements of this section. The court may act on this petition in the same manner it acts on other petitions filed under this section.
D. The non-IV-D obligee shall provide notice to the obligor. The notice shall contain the following:
1. A statement that the obligee is entitled to receive child support payments and the monthly amount.
2. A statement that the obligor is in arrears in making child support payments and the amount of the arrearage.
3. A statement that the obligee intends to petition the court for a driver's license suspension hearing.
4. A statement that the driver's license of the obligor may be suspended if the court finds that the obligor has wilfully failed to pay child support, continues to wilfully fail to pay child support, and is at least two months in arrears.
E. The obligee shall attach a copy of the order of support to the notice. The obligee shall serve the notice by first class mail.
