Incarceration Cases

Date/Version: 01/29/2026 v.1

Process Owner: Compliance 2

Review Cadence: Annually

Process/Purpose: Assist team members identify the next action to take on cases involving support payors or support recipients who are incarcerated.
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Important Steps (WHAT?)

Key Points

(HOW?)

Artifacts

A logical segment of the operations that advances the work

Important actions in the steps that will: Make or break the job Make the job easier

Sketches, layouts, digital pictures , etc. that will improve understanding of the job

1

SP incarcerated at time of establishment

  1. Establish:
  2. Zero Order unless there is evidence of income that will continue during incarceration.
  3. Use Fast Track Establishment method.
  4. Interest:
  5. If a past support judgment is obtained, no interest will accrue.
  6. Closure:
  7. Review the case for closure if SP will be incarcerated until after the emancipation of the youngest child.
  8. See the AZCARES Case Closure standard work.
 

2

SP incarcerated during the minority of children, but will be released prior to the emancipation of the youngest child.

  1. Modify:
  2. Modify the order to zero unless there is evidence of income that will continue during incarceration.
  3. Use forms for Simplified Modification.
  4. Interest:
  5. Refer the case to the Attorney General's requesting a motion to stop the accrual of interest.
  6. Closure:
  7. Closure not permitted.
 

3

SP incarcerated during the minority of children and will not be released prior to the emancipation of the youngest child.

  1. Modify:
  2. Modify the order to zero unless there is evidence of income that will continue during incarceration.
  3. Interest:
  4. Refer the case to the Attorney General's requesting a motion to stop the accrual of interest.
  5. Closure:
  6. Review the case for closure.
  7. See the AZCARES Case Closure standard work.
 

4

SP incarcerated. Arrears only.

  1. Neither Establishment nor Modification apply.
  2.  
  3. Interest:
  4. Refer the case to the Attorney General's requesting a motion to stop the accrual of interest.
  5.  
  6. Closure:
  7. Review the case for closure if:
  8. The SP will be in prison for life without the possibility of parole; or
  9. The SP is in prison with the earliest release date of 10 years or more years in the future.
  10. It has been determined that the SP has no income or assets that can be levied, nor can an income withholding order be attached during the time of incarceration.
  11. If the case is a responding case, request permission to close the case from the initiating jurisdiction (IJ).
  12. See the AZCARES Case Closure standard work.
 

5

SR incarcerated during the minority of the child.

  1. Establish/Modify:
  2. Try to determine where the children are e.g. AZTECS and DCS.
  3. Review the case for possible termination of the order, if applicable.
  4. Review if the case meets criteria to transfer an active Arizona support order to caretaker. If applicable.
  5. Review the case to determine if it should be modified to arrears only with payments or if an arrears amount and payment need to be established.
  6.  
  7. Interest:
  8. Not applicable.
  9.  
  10. Closure:
  11. Review the case for closure only when the order has been terminated and/or arrears no longer exist.
  12. See the AZCARES Case Closure standard work
 

6

SR incarcerated after the minority of the child(ren).

  1. Neither Establishment nor Modification apply.
  2.  
  3. Interest:
  4. Not applicable.
  5.  
  6. Closure:
  7. Review the case for closure when arrears no longer exist.
  8. See the AZCARES Case Closure standard work