25-1304. Choice of law
A. Except as otherwise provided in subsection D of this section, the law of the issuing state or foreign country governs:
1. The nature, extent, amount and duration of current payments under a registered support order.
2. The computation and payment of arrearages and accrual of interest on the arrearages under the support order.
3. The existence and satisfaction of other obligations under the support order.
B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
D. After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.
Notes of Decisions
Marriage of Henderson v. Henderson, 390 P.3d 1226 (Ariz. Ct. App. 2017).
· cites it 2× “Section 25-1304 of the Act, a choice-of-law provision, dictates that the law of the issuing foreign jurisdiction governs the nature, extent, and amount of payments, as well as the computation and payment of arrearages.”
State ex rel. Arizona Dep't of Econ. Sec. v. Lee, 175 P.3d 85 (Ariz. Ct. App. 2008).
“¶ 23 In any event, the Guidelines, as amended effective January 1, 2005, merely provide, in relevant part: Duration of child support is governed by Arizona Revised Statutes, Sections 25-320 and 25-501, except as provided in Arizona Revised Statutes, Section 25-1304. Upon entry…”
Lagman v. Lagman (Ariz. Ct. App. 2022).
· cites it 4× “¶15 Father next contends the court failed to consider whether Mother’s calculation of arrears was determined under California law, as required by A.R.S. § 25-1304. But the superior court had no reason to make such a determination sua sponte when Father failed to object to the…”
Lagman v. Lagman (Ariz. Ct. App. 2022).
· cites it 4× “¶15 Father next contends the court failed to consider whether Mother’s calculation of arrears was determined under California law, as required by A.R.S. § 25-1304. But the superior court had no reason to make such a determination sua sponte when Father failed to object to the…”
Clarritt v. Scott (Ariz. Ct. App. 2018).
· cites it 2× “1 Arizona courts are obligated to enforce a foreign support order "and collect arrears and interest due" on foreign judgments pursuant to A.R.S. § 25-1304(C). Section 25-1307, “Contest of registration or enforcement,” sets out eight defenses available to challenge the validity…”
Rewers v. Pope (Ariz. Ct. App. 2014).
· cites it 2× “” A.R.S. § 25-1304(B). The “issuing state” is defined as “the state in which a tribunal issues a support order or renders a judgment determining parentage.”
Strobel v. Rosier (Ariz. Ct. App. 2018).
“The statute of limitations applicable under § 25-1304 precludes enforcement of some or all of the alleged arrearages.”
State Ex Rel. Dept. of Econ. Sec. v. Lee, 175 P.3d 85 (Ariz. Ct. App. 2008).
“¶ 23 In any event, the Guidelines, as amended effective January 1, 2005, merely provide, in relevant part: Duration of child support is governed by Arizona Revised Statutes, Sections 25-320 and 25-501, except as provided in Arizona Revised Statutes, Section 25-1304. Upon entry…”
— Ariz. Rev. Stat. § 25-1304(A) — 1 case
Marriage of Henderson v. Henderson, 390 P.3d 1226 (Ariz. Ct. App. 2017).
“Section 25-1304 of the Act, a choice-of-law provision, dictates that the law of the issuing foreign jurisdiction governs the nature, extent, and amount of payments, as well as the computation and payment of arrearages.”
— Ariz. Rev. Stat. § 25-1304(B) — 1 case
Rewers v. Pope (Ariz. Ct. App. 2014).
“” A.R.S. § 25-1304(B). The “issuing state” is defined as “the state in which a tribunal issues a support order or renders a judgment determining parentage.”
— Ariz. Rev. Stat. § 25-1304(C) — 1 case
Clarritt v. Scott (Ariz. Ct. App. 2018).
“1 Arizona courts are obligated to enforce a foreign support order "and collect arrears and interest due" on foreign judgments pursuant to A.R.S. § 25-1304(C). Section 25-1307, “Contest of registration or enforcement,” sets out eight defenses available to challenge the validity…”
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