A court order for child support binds both parents, but sometimes the person responsible stops making payments. What happens when payments stop?
An experienced family law attorney can guide you through the process if your ex-spouse has missed payments or stopped paying completely. Arizona law provides tools to help a parent collect what is owed within the 10 year statute of limitations. Understanding those options can make a difference in your family’s financial stability.
Steps to Recovering Missed Child Support Payments
Compiling a clear record of all missed or partial child support payments is the first step. Make a list of dates, amounts owed, and any written communication exchanged with your ex-spouse about the missed payments. This information is essential for pursuing enforcement of the court’s support order.
- Contact the Arizona Division of Child Support Services. This state office was created to assist parents with child support issues. To access services a parent must enroll in DCSS services through the AZCARES Child Support Customer Portal. Applications can also be submitted manually by mail or in person at a local DCSS office. This option does not include court appearances.
- Wage Garnishment. The default process for collecting child support in Arizona is wage garnishment. This system requires employers to deduct child support directly from the paying parent’s paycheck. However, not all parents are enrolled in the system, either because an income withholding order was not issued by the court or because the paying parent changed employers. DCSS can issue or update an order.
- Tax Refund Interception and Asset Seizure. Among the tools at the disposal of DCSS is the ability to intercept federal and state tax refunds to cover unpaid child support. If the paying parent falls 12 months or more behind in payments, DCSS can seize bank accounts, stocks, or other property.
- License Suspension. If a parent misses six months of child support payments, DCSS can suspend the parent’s occupational licenses without going to court. A driver’s license suspension is also an option but it requires going to court.
- Passport Denial. Non-custodial parents who have not paid at least $2,500 in child support may be prevented from obtaining or renewing their passports through direct intervention with the U.S. State Department.
- Petitioning the Court for Contempt. After exhausting options available through DCSS, the custodial parent may seek a contempt order from the courts. The court must find that the paying parent knew about the support order, had the financial ability to pay, and intentionally refused to make child support payments. The custodial parent or their attorney can file a Petition of Contempt to initiate the enforcement process. Both parties must appear at the court hearing.
Avoid Compounding the Issue
Even if nonpayment of child support is stressful, it is illegal to retaliate by denying the nonpaying ex-spouse child visitation (also called parenting time). If a custodial parent withholds contact with the child they may face legal consequences.
Financial and Legal Consequences of Nonpayment
Unpaid child support accrues interest at 10 percent annually. This interest never expires and cannot be discharged, even by bankruptcy. In addition, willful failure to pay child support can be charged as a Class 6 felony that carries 1.5 years of incarceration in addition to fines, property liens, and damage to the non-paying parent’s credit history.
Practical Legal Advice and Guidance
It can be difficult for ex-spouses to communicate, let alone enforce a nonpayment issue. An attorney from Webster Family Law can guide you through the process, including representing your interests in court. Call for a consultation today.