family court; fees; costs; award

SB1653 - 572R - S Ver

Senate Engrossed

family court; fees;
costs; award

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1653

AN
ACT

amending section 25-503, arizona
revised statutes; amending title 25, chapter 11, article 1, arizona revised
statutes, by adding section 25-1502; relating to domestic relations
proceedings.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 25-503, Arizona Revised
Statutes, is amended to read:

START_STATUTE
25-503.

Order for support; methods of payment; modification; termination;
statute of limitations; judgment on arrearages; notice; security

A. In any proceeding in which there is at issue the
support of a child, the court may order either or both parents to pay any
amount necessary for the support of the child.
when
entering an order of support pursuant to this section, the court may not
consider imputed income of either or both parents and shall limit the
calculation to factual income that is presented as evidence before the court.�
If
the court order does not specify the date when current support begins, the
support obligation begins to accrue on the first day of the month following the
entry of the order.� If any form of payment is rightfully dishonored by the
payor bank or other drawee, any subsequent support payments and handling fees
shall be paid only by cash, money order, cashier's check, traveler's check or
certified check. The department may collect from the drawer of a
dishonored payment an amount allowed pursuant to section 44-6852.�
Pursuant to sections 35-146 and 35-147,
The
department shall deposit
, pursuant to sections 35-146 and
35-147,
monies collected pursuant to this subsection in a child support
enforcement administration fund. If a party
that is
required
to pay support by guaranteed means demonstrates full and timely payment for
twenty-four consecutive months, that party may pay support by regularly
accepted forms of payment if these payments are for the full amount, are timely
tendered and are not rightfully dishonored by the payor bank or other
drawee. On a showing of good cause, the court may order that the
party or parties required to pay support give reasonable security for these
payments. If the court sets an appearance bond and the obligor fails
to appear, the bond is forfeited and credited against any support owed by the
party required to pay support.� This subsection does not apply to payments that
are made by means of a wage assignment.

B. On a showing that an income withholding order has
been ineffective to secure the timely payment of support and that an amount
equal to six months of current support has accrued, the court shall require the
obligor to give security, post bond or give some other guarantee to secure
overdue support.

C. In title IV-D cases, and in all other cases
subject to an income withholding order issued on or after January 1, 1994,
after notice to the party entitled to receive support, the department or its
agent may direct the party obligated to pay support or other payor to make
payment to the support payment clearinghouse. The department or its
agent shall provide notice by first class mail.

D. The obligation for current child support shall be
fully met before any payments under an order of assignment may be applied to
the payment of arrearages.� If a party is obligated to pay support for more
than one family and the amount available is not sufficient to meet the total
combined current support obligation, any monies shall be allocated to each
family as follows:

1. The amount of current support ordered in each
case shall be added to obtain the total support obligation.

2. The ordered amount in each case shall be divided
by the total support obligation to obtain a percentage of the total amount due.

3. The amount available from the obligor's income
shall be multiplied by the percentage under paragraph 2 of this subsection to
obtain the amount to be allocated to each family.

E. Any order for child support may be modified or
terminated on a showing of changed circumstance that is substantial and
continuing, except as to any amount that may have accrued as an arrearage
before the date of notice of the motion or order to show cause to modify or
terminate.� The addition of health insurance coverage as defined in section 25-531
or a change in the availability of health insurance coverage may constitute a
continuing and substantial change in circumstance. Modification and
termination are effective on the first day of the month following notice of the
petition for modification or termination unless the court, for good cause
shown, orders the change to become effective at a different date but not
earlier than the date of filing the petition for modification or
termination. The order of modification or termination may include an
award of attorney fees and court costs to the prevailing party.

F. On petition of a person who has been ordered to
pay child support pursuant to a presumption of paternity established pursuant
to section 25-814, the court may order the petitioner's support to
terminate if the court finds based on clear and convincing evidence that
paternity was established by fraud, duress or material mistake of fact.� Except
for good cause shown, the petitioner's support obligations continue in effect
until the court has ruled in favor of the petitioner.� The court shall order
the petitioner, each child who is the subject of the petition and the child's
mother to submit to genetic testing and shall order the appropriate testing
procedures to determine the child's inherited characteristics, including blood
and tissue type.� If the court finds that the petitioner is not the child's
biological father, the court shall vacate the determination of paternity and
terminate the support obligation.� Unless otherwise ordered by the court, an
order vacating a support obligation is prospective and does not alter the
petitioner's obligation to pay child support arrearages or any other amount
previously ordered by the court.� If the court finds that it is in the child's
best interests, the court may order the biological father to pay restitution to
the petitioner for any child support paid before the court ruled in favor of
the petitioner pursuant to this subsection.

G. Notwithstanding subsection E of this section, in
a title IV-D case a party, or the department or its agent if there is an
assignment of rights under section 46-407, may request every three years
that an order for child support be reviewed and, if appropriate,
adjusted. The request may be made without a specific showing of a
changed circumstance that is substantial and continuing. The department
or its agent shall conduct the review in accordance with the child support
guidelines of this state.� If appropriate, the department shall file a petition
in the superior court to adjust the support amount.� Every three years the
department or its agent shall notify the parties of their right to request a
review of the order for support. The department or its agent shall
notify the parties by first class mail at their last known address or by
including the notice in an order.

H. If a party in a title IV-D case requests a
review and adjustment sooner than three years, the party shall demonstrate a
changed circumstance that is substantial and continuing.

I. The right of a party entitled to receive support
or the department to receive child support payments as provided in the court
order vests as each installment falls due.� Each vested child support
installment is enforceable as a final judgment by operation of
law. The department or its agent or a party entitled to receive
support may also file a request for written judgment for support arrearages.

J. Voluntary relinquishment of physical custody of a
child to the obligor from the obligee is an affirmative defense in whole or in
part to a petition for enforcement of child support arrears.� In determining
whether the relinquishment was voluntary, the court shall consider whether
there is any evidence or history of any of the following:

1. Domestic violence.

2. Parental kidnapping.

3. Custodial interference.

K. The relinquishment pursuant to subsection J of
this section must have been for a time period in excess of any court-ordered
period of parenting time and the obligor must have supplied actual support for
the child.

L. If the obligee, the department or their agents
make efforts to collect a child support debt more than ten years after the
emancipation of the youngest child subject to the order, the obligor may assert
as a defense, and has the burden to prove, that the obligee or the department
unreasonably delayed in attempting to collect the child support debt.� On a
finding of unreasonable delay a tribunal, as defined in section 25-1202,
may determine that some or all of the child support debt is no longer collectible
after the date of the finding.

M. Notwithstanding any other law, any judgment for
support and for associated costs and attorney fees is exempt from renewal and
is enforceable until paid in full.

N. If a party entitled to receive child support or
spousal maintenance or the department or its agent enforcing an order of
support has not received court-ordered payments, the party entitled to receive
support or spousal maintenance or the department or its agent may file with the
clerk of the superior court a request for judgment of arrearages and an
affidavit indicating the name of the party obligated to pay support and the
amount of the arrearages.� The request must include notice of the requirements
of this section and the right to request a hearing within twenty days after
service in this state or within thirty days after service outside this state.�
The request, affidavit and notice must be served pursuant to the Arizona rules
of family law procedure on all parties
,
including the
department or its agents in title IV-D cases.� In a title IV-D
case, the department or its agent may serve all parties by certified mail,
return receipt requested.� Within twenty days after service in this state or
within thirty days after service outside this state, a party may file a request
for a hearing if the arrearage amount or the identity of the person is in
dispute.� If a hearing is not requested within the time provided, or if the
court finds that the objection is unfounded, the court must review the
affidavit and grant an appropriate judgment against the party obligated to pay
support.

O. If after reasonable efforts to locate the obligee
the clerk or support payment clearinghouse is unable to deliver payments for a
period of one hundred twenty days after the date the first payment is returned
as undeliverable due to the failure of a party to whom the support has been
ordered to be paid to notify the clerk or support payment clearinghouse of a
change in address, the clerk or support payment clearinghouse shall return that
and all other unassigned payments to the obligor unless there is an agreement
of the obligor to pay assigned arrears and other debts owed to the state.

P. If the obligee of a child support order marries
the obligor of the child support order, that order automatically terminates on
the last day of the month in which the marriage takes place and arrearages do
not accrue after that date.� However, the obligee or the state may collect
child support arrearages that accrued before that date.� The obligee, the
obligor or the department or its agent in a title IV-D case may file a
request or stipulation to terminate or adjust any existing order of assignment
pursuant to section 25-504 or 25-505.01.

Q. For the purposes of this chapter, a child is
emancipated:

1. On the date of the child's marriage.

2. On the child's eighteenth birthday.

3. When the child is adopted.

4. When the child dies.

5. On the termination of the support obligation if
support is extended beyond the age of majority pursuant to section 25-501,
subsection A or section 25-320, subsections E and F.
END_STATUTE

Sec. 2. Title 25, chapter 11, article 1,
Arizona Revised Statutes, is amended by adding section 25-1502, to read:

START_STATUTE
25-1502.

Award; attorney fees; limit; court-ordered services

A. In any proceeding brought pursuant
to this title, if the court enters an award of attorney fees, the court shall
order that the total award of attorney fees be paid from the community assets
of the parties.� If there are no community assets, the court may not assess
attorney fees against a party in an amount that exceeds fifteen percent of that
party's disposable income or $8,000, whichever is greater.

B. In any proceeding brought pursuant
to this title, if the court enters an award for the payment of court-ordered
services, the court may not consider the imputed income of either or both
parents and shall limit the calculation to an award that is based only on the
factual income that is presented as evidence before the court.
END_STATUTE