STATE EX REL. DEPT. ECONOMIC SEC. v. Hayden

115 P.3d 116
CourtArizona Supreme Court
DecidedJuly 1, 2005
DocketCV-04-0303-PR
StatusPublished

This text of 115 P.3d 116 (STATE EX REL. DEPT. ECONOMIC SEC. v. Hayden) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE EX REL. DEPT. ECONOMIC SEC. v. Hayden, 115 P.3d 116 (Ark. 2005).

Opinion

115 P.3d 116 (2005)

In re the Matter of STATE of Arizona, ex rel., DEPARTMENT OF ECONOMIC SECURITY (Linda Dann), Petitioner-Appellee,
v.
Jack HAYDEN, Respondent-Appellant.

No. CV-04-0303-PR.

Supreme Court of Arizona, En Banc.

July 1, 2005.

Terry Goddard, Attorney General by Kathryn Harris Kupiszewski, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

Law Offices of Jeff C. Jackson by Jeff C. Jackson and Burch & Cracchiolo, P.A., by Daryl Manhart, Phoenix, Attorneys for Jack Hayden.

Law Offices of Paul G. Ulrich, P.C. by Paul G. Ulrich, Phoenix and Law Offices of Melinda K. Cekander by Melinda K. Cekander, Flagstaff, Attorneys for Amicus Curiae James Michael Pacheco.

Law Offices of Bill Spence, Ltd. by Brian K. Stanley, Chandler, Attorneys for Amici Curiae Kevin Le Clair and Tony Russell.

*117 OPINION

HURWITZ, Justice.

¶ 1 Arizona law provides that each installment under a child support order becomes "enforceable as a final judgment by operation of law" when it comes due. Ariz.Rev.Stat. ("A.R.S.") § 25-503(H) (Supp.2004). Either the party entitled to receive the installment or the Arizona Department of Economic Security ("ADES") may file a request for a formal written judgment for support arrearages no later than three years after the emancipation of all of the children who were the subject of a child support order. A.R.S. § 25-503(I). Once obtained, such a written judgment is "exempt from renewal and . . . enforceable until paid in full." Id. If no written judgment for support arrearages is timely requested, however, "an unpaid child support judgment that became a judgment by operation of law expires" at the end of that three-year period. A.R.S. § 25-503(H).

¶ 2 Arizona law also assigns to the State the right to the support of a child and spouse who receive assistance under certain federal welfare programs. A.R.S. § 46-407 (2005). The legislature has provided ADES with a variety of administrative remedies to collect child support arrearages. See, e.g., A.R.S. § 25-505.01(B) (Supp.2004) (income withholding order); A.R.S. § 25-516 (2000) (lien on property of obligor); A.R.S. § 25-521 (2000) (levy on obligor's rights to property).

¶ 3 The question in this case is whether ADES may pursue administrative measures to collect unpaid child support despite having failed timely to request a formal written judgment of arrearages.

I.

¶ 4 In 1977, Linda Dann gave birth to a baby girl. In 1980, Dann filed a petition in superior court to establish paternity and to require the child's father, petitioner Jack Hayden, to pay child support. Hayden admitted paternity and the superior court ultimately ordered him to pay $150 per month in child support. Hayden's child support obligations were assigned to the State after Dann and the child received Aid to Families with Dependent Children, and ADES subsequently initiated administrative measures to collect arrearages.

¶ 5 The child reached the age of majority in 1995. Neither Dann nor ADES requested a formal written judgment for the outstanding support obligations within three years of the child's emancipation. In 2002, Hayden filed a petition seeking to terminate ADES's administrative collection efforts, alleging that his obligation to pay child support had expired under A.R.S. § 25-503(H).[1]

¶ 6 The superior court rejected Hayden's claim and entered judgment in favor of ADES. The court of appeals affirmed. State ex rel. Dep't of Econ. Sec. v. Hayden, 208 Ariz. 164, 168 ¶ 17, 91 P.3d 1007, 1011 (App.2004). We granted Hayden's petition for review because the issue is one of first impression and statewide importance. This Court has jurisdiction pursuant to A.R.S. § 12-120 .24 (2003) and Article 6, Section 5(3) of the Arizona Constitution.

II.

¶ 7 The issue in this case is one of statutory construction: whether A.R.S. § 25-503(H) prohibits ADES from collecting the child support arrearages through administrative measures. We review questions of statutory interpretation de novo. City of Tucson v. Clear Channel Outdoor, Inc., 209 Ariz. 544, 547 ¶ 8, 105 P.3d 1163, 1166 (2005). When interpreting a statute, our aim is "to fulfill the intent of the legislature that wrote it." Bilke v. State, 206 Ariz. 462, 464 ¶ 11, 80 P.3d 269, 271 (2003). To determine that intent, we look first to the language of the statute. Id. We interpret statutory language to give effect to each word of the statute, such that "no clause, sentence or word is rendered superfluous, void, contradictory or insignificant." Id. Statutes that are in pari materia — relating to the same matter — are construed together as though they constituted one law. Pima County by City of Tucson *118 v. Maya Constr. Co., 158 Ariz. 151, 155, 761 P.2d 1055, 1059 (1988). In seeking to discern legislative intent, "we construe the statute as a whole, and consider its context, language, subject matter, historical background, effects and consequences, and its spirit and purpose." People's Choice TV Corp. v. City of Tucson, 202 Ariz. 401, 403 ¶ 7, 46 P.3d 412, 414 (2002).

A.

¶ 8 In relevant part, A.R.S. § 25-503(H) provides:

The right of a parent entitled to receive support or the department to receive child support payments as provided in the court order vests as each installment falls due. Each vested child support installment is enforceable as a final judgment by operation of law. Unless it is reduced to a written money judgment, an unpaid child support judgment that became a judgment by operation of law expires three years after the emancipation of the last remaining unemancipated child who was included in the court order.

¶ 9 The question is whether the expiration of judgments under subsection (H) functions to cancel outstanding child support arrearages.

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Related

State Ex Rel. Department of Economic Security v. Hayden
115 P.3d 116 (Arizona Supreme Court, 2005)
City of Tucson v. Clear Channel Outdoor, Inc.
105 P.3d 1163 (Arizona Supreme Court, 2005)
Bilke v. State
80 P.3d 269 (Arizona Supreme Court, 2003)
People's Choice TV Corp. v. City of Tucson
46 P.3d 412 (Arizona Supreme Court, 2002)
Pima County by City of Tucson v. Maya Const. Co.
761 P.2d 1055 (Arizona Supreme Court, 1988)
Guthmiller v. North Dakota Department of Human Services
421 N.W.2d 469 (North Dakota Supreme Court, 1988)
Bednarek v. Bednarek
430 N.W.2d 9 (Court of Appeals of Minnesota, 1988)
STATE EX REL. DEPARTMENT OF ECONOMIC SECURITY v. Hayden
91 P.3d 1007 (Court of Appeals of Arizona, 2004)
State v. Huskie
44 P.3d 161 (Court of Appeals of Arizona, 2002)
Lamb v. SUPERIOR COURT, ETC.
621 P.2d 906 (Arizona Supreme Court, 1980)

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Bluebook (online)
115 P.3d 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dept-economic-sec-v-hayden-ariz-2005.