A. The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify or enforce a duty of child support, including medical support, regardless of the welfare or nonwelfare status of the person to whom the duty of support is owed. The attorney general or county attorney may establish, modify or enforce such a duty of support by all means available, including all civil and criminal remedies provided by law. An attorney-client relationship does not exist between the attorney and an applicant or recipient of child support enforcement services.
B. This state may initiate an action or may intervene in an action involving child support. Intervention by the state in an existing action is by unconditional right and is accomplished by the state filing an entry of appearance.
C. The attorney general or county attorney shall not seek or defend any ancillary matters, such as custody or parenting time, raised in these proceedings. The attorney general or county attorney may petition for modification of child support or medical support for children.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1997–2023 · leading case:
Glover v. Glover, 289 P.3d 12 (Ariz. Ct. App. 2012).
Glover v. Glover, 289 P.3d 12 (Ariz. Ct. App. 2012).
· cites it 2× “¶ 6 On August 6, 2010, the State appeared in the case pursuant to A.R.S. § 25-509, which authorizes the State to initiate proceedings or intervene in existing cases for the limited purpose of being heard regarding ongoing and past-due child support.”
State v. Huskie, 44 P.3d 161 (Ariz. Ct. App. 2002).
· cites it 2× “The state appeared in this action pursuant to A.R.S. § 25-509 and filed a brief in support of the judgment.”
State v. Zaman, 946 P.2d 459 (Ariz. 1997).
· cites it 2× “1996)); see also § 12-2456(C)(1994)(current version at A.R.S. § 25-509(C) (Supp.1996)). Zaman did not challenge the State’s involvement in the custody and visitation portions of this action.”
Hall v. Lalli, 952 P.2d 748 (Ariz. Ct. App. 1998).
· cites it 2× “Here, the state’s interest in the underlying action was purely economic; it sought to recoup AFDC benefits it had paid, A.R.S. §§ 25-509 and 46-295, and to compel future support.”
State ex rel. Arizona Dep't of Econ. Sec. v. Lee, 175 P.3d 85 (Ariz. Ct. App. 2008).
· cites it 2× “The State is permitted to initiate or intervene in actions to establish, modify, or enforce duties of child support pursuant to A.R.S. § 25-509 (2007). . The monthly payment amount was reduced to $352.”
Dept. of Econ. SEC. v. Tazioli, 246 P.3d 944 (Ariz. Ct. App. 2011).
· cites it 2× “Accordingly, the State had standing to participate in the instant matter pursuant to A.R.S. § 25-509 (2007). Subsection (A) states that the State may "initiate an action or intervene in an action" to modify or enforce a child support award and that "[a]n attorney-client…”
State v. Gutierrez (Ariz. Ct. App. 2020).
· cites it 2× “1994); see also A.R.S. § 25-509(A) (“The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify or enforce a duty of child support, including medical support, regardless of the welfare or nonwelfare…”
state/smith v. Stevens (Ariz. Ct. App. 2023).
· cites it 2× “§ 654 ; A.R.S. §§ 25-509, -816. ¶14 Whether a custodial parent receives assistance from ADES’s Title IV-D program to collect child support does not concern the child’s care, custody, and control.”
ades/celius v. Celius (Ariz. Ct. App. 2016).
“As the appellant, it is Father’s “obligation to provide 1 The petition to modify support was actually filed by the Arizona Department of Economic Security (“ADES”).”
Marinello v. Glover (Ariz. Ct. App. 2018).
“) § 25-509 (2017), father moved to modify the Massachusetts judgment to reflect the parties’ agreement.”
State v. Denslow (Ariz. Ct. App. 2020).
“") section 25-509 (2020). Absent material revision after the relevant date, we cite the current version of a statute or rule.”
State Ex Rel. Dept. of Econ. Sec. v. Lee, 175 P.3d 85 (Ariz. Ct. App. 2008).
· cites it 2× “NOTES [1] The State is permitted to initiate or intervene in actions to establish, modify, or enforce duties of child support pursuant to A.R.S. § 25-509 (2007). [2] The monthly payment amount was reduced to $352.”
— Ariz. Rev. Stat. § 25-509(A) — 1 case
State v. Gutierrez (Ariz. Ct. App. 2020).
“1994); see also A.R.S. § 25-509(A) (“The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify or enforce a duty of child support, including medical support, regardless of the welfare or nonwelfare…”
— Ariz. Rev. Stat. § 25-509(C) — 1 case
State v. Zaman, 946 P.2d 459 (Ariz. 1997).
“1996)); see also § 12-2456(C)(1994)(current version at A.R.S. § 25-509(C) (Supp.1996)). Zaman did not challenge the State’s involvement in the custody and visitation portions of this action.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.