25-513. Employer cooperation; violation; classification

579 words·~3 min read·/az/title-25/25-513

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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:

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.