Temporary Support Order

DCSS-POL-05-11 v.2

 

  1. OVERVIEW

The purpose of this policy is to provide staff and members of the public a working knowledge of the enforcement and termination of temporary support orders.

  1. APPLICABILITY

This policy applies to all Arizona IV-D program staff performing Title IV-D services.

  1. POLICY

A temporary order provides for child support and/or spousal maintenance for a time period prior to the entry of a final order.  Support under a temporary order is enforceable by all available remedies until the entry of a final order/decree.

  1. CRITERIA
  1. A temporary order:
  1. Remains effective until further order of the court or the entry of a decree of dissolution, legal separation or annulment.
  2. May be revoked or modified before a final decree on a showing by affidavit of the facts necessary for revocation or modification of a final decree.
  3. Terminates when the final decree is entered or when the petition for dissolution, legal separation or annulment is dismissed.
  1. Arrears from a temporary order, whether for child support or spousal maintenance, are extinguished by entry of a final order/decree unless the order/decree includes language which preserves the arrears.  Examples of such language include, but are not limited to:
  1. Reducing the arrears under the temporary order or judgment
  2. Making the effective date of the support order(s) in the final order/decree the same as the effective date of the temporary order
  3. Referring to the fact that support has been previously established
  1. When the final order/decree is silent and does not mention the temporary order, then the arrears under the temporary order are not enforceable.
  2. Obtain an opinion from the Attorney General's Office on any legal issues or questions pertaining to temporary orders.
  1. PROCEDURE
  1. This policy is supported by staff procedures, which identify how action related to this policy will be conducted; including responsibilities, time frames and required actions.
  1. AUTHORITY
State Authority

A.R.S. ยง 25-316

Temporary order or preliminary injunction; effect; definition

17B A.R.S. Rules Family Law Procedures, Rule 47

Temporary Orders

Return to beginning of the Temporary Orders Policy

Policy Revision Date: 11/22/2022
Policy Review Date: 11/2/2022

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