Arizona SB 1653: family court; fees; costs; award

Bill Text

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_STATUTE25-503. 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 at