Enforcing Unpaid Child Support in Arizona

Ensuring children receive the financial support they need is crucial for their well-being and development. Unfortunately, not all parents fulfill their child support obligations, leading to significant challenges for the custodial parent and the child. 

This article will cover the following topics: 

• What Happens If a Parent Refuses to Cooperate with a Child Support Order?
• How Can You Enforce Child Support in Arizona?
• How Can I Report Someone Not Paying Child Support?
• How Far Behind in Child Support Before a Warrant Is Issued in Arizona?
• Why Secure an Arizona Child Support Legal Paraprofessional Rather Than a Lawyer?

According to the U.S. Census Bureau, only 43.5% of custodial parents received the full amount of child support owed in 2017. Ensuring compliance with child support orders is critical for the financial stability of many families.

If you are facing challenges with unpaid child support, Lucas Law is here to help. Our experienced legal team specializes in family law and is dedicated to advocating for your rights and the well-being of your children.

What Happens If a Parent Refuses to Cooperate with a Child Support Order?

Several consequences can ensue when a parent refuses to cooperate with a child support order in Arizona.

A court can take the following actions:

• Income Withholding: The court may order the non-compliant parent's wages to be garnished directly from their employer
• Contempt of Court: Failure to comply with a court order can result in a finding of contempt, which may include fines or jail time.
• Seizure of Assets: The state can intercept tax refunds, lottery winnings, or other assets to satisfy unpaid child support.
• Suspension of Licenses: Professional, recreational, and driver's licenses may be suspended until the parent complies with their child support obligations.Enforcing these measures ensures that children receive the financial support they need and helps maintain fairness and accountability within the legal system.

How Do I Know If The Other Party Committed Contempt For the Court For Failing to Pay Child Support?

Determining if the obligor (the person obligated to pay support) has committed contempt of court for failing to pay child support involves understanding the legal definition of contempt and assessing their behavior. 

In Arizona, contempt occurs when someone willfully disobeys a court order. This means the non-custodial parent has knowingly and intentionally failed to make the required payments outlined in the child support order.

Steps to determine contempt:

• Evaluate Intent: Determine if the non-payment is due to genuine financial hardship or a willful refusal to comply.
• Gather Evidence: Collect bank statements, employment records, and communications showing they had the ability to pay but chose not to.
• Document Payments: Keep a detailed record of missed and partial payments.

Once you have gathered sufficient evidence, you can file a petition for contempt with the family court. If the court finds the obligor is in contempt, penalties may include fines, jail time, or additional enforcement measures to ensure compliance. 

How Can You Enforce an Arizona Child Support Order?

Enforcing child support payments in Arizona involves several mechanisms designed to ensure compliance. 

Here are the key methods used:

• Wage Garnishment: This is one of the most common methods. The Arizona Department of Economic Security (DES) can issue an income withholding order to the non-custodial parent's employer.
• Liens on Property: The state can place a lien on the property owned by the non-compliant parent, which can be enforced through the sale of the property.
• Passport Denial: Non-compliant parents may be denied a U.S. passport if they owe significant child support arrears.
• Credit Reporting: Child support arrears can be reported to credit bureaus, affecting the non-compliant parent's credit score.

These enforcement measures ensure that child support obligations are met, thereby supporting the child's needs.

How Can I Report Someone For Failure to Make Child Support Payments? 

If you need to report someone who is not paying child support, follow these steps:

1. Contact DES: The Arizona Department of Economic Security handles child support enforcement. You can contact them directly to report non-payment.
2. File a Complaint: Provide detailed information about the non-compliant parent, including their name, address, employer, and other relevant details.
3. Provide Documentation: Include any court orders or other documentation that show the child support amount owed and the payment history.
4. Seek Legal Assistance: Consider consulting with a legal paraprofessional at Lucas Law to help navigate the reporting process and ensure proper legal procedures are followed.

Reporting non-payment promptly can help expedite enforcement actions and secure the financial support needed for your child.

How Far Behind in Child Support Before a Warrant Is Issued in Arizona?

In Arizona, a warrant for arrest can be issued for non-payment of child support if the parent is found to be in contempt of court. No specific amount of arrears automatically triggers a warrant; it depends on the circumstances and the court's discretion.

According to A.R.S. § 25-681, the following factors may be considered:

• Amount of Arrears: Significant arrears can increase the likelihood of a warrant being issued.
• Compliance History: Repeated failure to comply with child support orders may lead to more severe consequences.
• Court Hearings: A warrant can be issued if a parent fails to appear for a court-ordered hearing regarding child support.

It's important to address child support issues proactively to avoid severe penalties, including arrest warrants.

Why Secure an Arizona Child Support Legal Paraprofessional Rather Than an Attorney?

Securing a legal paraprofessional for child support issues offers several advantages:

• Cost-Effective: Legal Paraprofessionals typically charge lower fees than lawyers, making legal assistance more accessible.
• Specialized Knowledge: Legal Paraprofessionals often have specialized training in specific areas of law, such as child support enforcement.
• Personalized Service: Legal Paraprofessionals can give your case more personalized attention, ensuring that your specific needs are addressed.
• Efficiency: Their focused expertise allows Legal Paraprofessionals to handle routine legal tasks efficiently, saving time and money.

At Lucas Law, our Legal Paraprofessionals are experienced in handling child support cases and are dedicated to helping you secure the financial support your child deserves.

Conclusion

Enforcing unpaid child support is essential to ensure children's well-being and financial stability. Understanding the mechanisms available in Arizona can help custodial parents take the necessary steps to secure the support their children need. At Lucas Law, we are committed to providing expert legal assistance to help you navigate these challenges effectively. Contact us today to learn how we can help you enforce child support orders and protect your child's future.