2005 Arizona Revised Statutes - Revised Statutes §25-518  Child support arrearage; license suspension; hearing; definition

A. A court shall send a certificate of noncompliance to the board or agency ordering the suspension or denial of a license if the court finds from the evidence presented at a hearing to enforce a child support order that the obligor:

1. Wilfully failed to pay child support and after notice pursuant to section 25-517, subsection A continues to wilfully fail to pay child support and is at least two months in arrears.

2. Failed without reasonable cause to comply with a child support subpoena.

3. Failed without reasonable cause to comply with a child support arrest warrant.

B. On petition or motion the court shall hold a review hearing to determine if the obligor has come into compliance with the support order, a child support subpoena or a child support arrest warrant. If the obligor establishes at the review hearing that the obligor is in compliance with the support order, a court ordered plan for payment of arrearages, a child support subpoena or a child support arrest warrant, the court shall send a certificate of compliance to the board or agency. Except for licenses issued under title 17, the obligor may then apply for license reinstatement and shall pay all applicable fees.

C. In a title IV-D case, the department or its agent may file with the clerk of the superior court an affidavit indicating that the obligor is in compliance with the support order or the child support obligation. Within five business days after the affidavit is filed, the clerk shall send a notice of compliance to the obligor by first class mail. The clerk shall send a copy of the notice of compliance to the department and the licensing board or agency.

D. An obligee may petition the court for an order to suspend the driver, professional, occupational or recreational license of an obligor who is at least two months in arrears on a child support obligation if the 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.

E. The obligee shall provide notice to the obligor as provided in subsection F of this section. The notice shall state the following:

1. The obligee is entitled to receive child support payments and the monthly amount.

2. The obligor is in arrears in making child support payments and the amount of the arrearages.

3. The obligee intends to petition the court for a license suspension hearing.

4. The driver, professional, occupational or recreational license of the obligor may be suspended or denied if the court finds that the obligor is at least two months in arrears and has wilfully failed to pay child support.

F. The obligee shall attach a copy of the order of support to the notice. The obligee shall serve the notice by first class mail.

G. Except for licenses issued under title 17, the board or agency shall suspend or deny the license of the licensee within thirty days after receiving the notice of noncompliance from the court. The board or agency shall not lift the suspension until the board or agency receives a certificate of compliance from the court. Notwithstanding section 41-1064, subsection C and section 41-1092.11, subsection B, the board or agency is not required to conduct a hearing. The board or agency shall notify the department in writing or by any other means prescribed by the department of all suspensions within ten days after the suspension. The information shall include the name, address, date of birth and social security number of the licensee and the license category.

H. A certificate of noncompliance without further action invalidates a license to take wildlife in this state and prohibits the obligor from applying for a license issued by an automated drawing system under title 17. The court shall send a copy of the certificate of noncompliance to the department of economic security, and the department of economic security shall notify the Arizona game and fish department of all obligors against whom a notice of noncompliance has been issued and who have applied for a license issued by an automated drawing system.

I. For the purposes of this section, "license" means any license, certificate, registration or other authorization that:

1. Is issued by a board or agency.

2. Is subject before expiration to suspension, revocation, forfeiture or termination by the issuing board or agency.

3. A person must obtain to:

(a) Practice or engage in a particular business, occupation or profession.

(b) Operate a motor vehicle.

(c) Engage in activities requiring a license pursuant to title 17.