46-404. Notice; service; order

341 words·~2 min read·/az/title-46/46-404

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

A. At any time after the department is assigned support rights or a public assistance payment is made, the director may issue a notice to be served upon the absent parent in the manner prescribed for service or summons in a civil action.

B. The notice shall include:

1. The name of the dependent child or children for whom support is to be paid.

2. A statement that the department intends to review the absent parents' support obligation.

3. A statement that within ten days after service, he may contact the department office which served the notice to review his financial status.

4. A statement that the absent parent is required to notify the department of any change of address or employment.

5. A statement that if the absent parent has any questions, he should contact the department office serving the notice or respond through an attorney.

C. The department and the absent parent may enter into an agreement in which they stipulate as to the amount of support and method of payment that the absent parent shall pay monthly to the clerk of the court. The department, through the county attorney, shall petition the superior court for an order approving the stipulation and such order shall be enforced by the county attorney.

D. Failure to respond to the notice will result in referral to the county attorney for further action.

E. Failure to reach agreement on the amount of support which is to be paid will result in the matter being referred to the county attorney for further action.

F. A court order entered pursuant to this chapter does not nullify and is not nullified by a court order made pursuant to any other law except that a court having jurisdiction to do so may modify a prior court order by expressly stating so within its order. Amounts paid pursuant to a court order entered pursuant to this chapter for a particular period shall be credited against amounts accruing or accrued for the same period under any other court order.