Arizona State Enforced Child Support

Pursuant to Title IV-D of the Social Security Act, U.S.C.A. § 601 et seq., the State child support enforcement agency the Division of Child Support Enforcement (DCSE), a division of the Department of Economic Security (DES) has an interest in IV-D cases (known as 4-D).  There are two ways in which a case can become a 4-D case.  One such way is when a person applies for cash assistance under the Temporary Assistance for Needy Families (TANF) or the Arizona Health Care Cost Containment Service (AHCCCS) and assigns all of their rights to the State while they are on the program, automatically creating a 4-D child support case.  The second way a person can have a 4-D case is upon the filing of an application for 4-D services, something that can be done by anyone at any time, and there is no requirement that a person receive assistance from the State.    A.R.S. § 25-509(A) states that the “attorney general may initiate an action or intervene in an action to establish, modify or enforce a duty of child support … regardless of welfare or non-welfare status of the person to whom the duty of support is owed.”  A case where there is current assistance in state or out-of-state, and former assistance in state or out-of-state involve an assignment of rights by one of the parents and therefore will likely result in a 4-D assignment.  However, regardless of whether it is a 4-D case or a regular case involving child support, the only difference is the State’s involvement in the case.  A 4-D case can be beneficial because the State has an interest in seeing that child support is paid.  The State has many resources which they are willing to use to ensure that a person is paying child support.  These remedies to ensure payment of child support include income withholding orders, credit reporting, license suspension/revocation, tax intercepts, passport denial/suspension, asset levy/seizure, lottery winnings intercept, worker’s compensation benefits intercept, and unemployment insurance benefits intercept.

This blog is meant to be informative and does not constitute legal advice, and while I do encourage others to post and discuss this topic, I can not and will not respond to any questions as it can create a conflict of interest and possible ethical violations.

 

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