Child support is a crucial step of the separation process. The financial aid that comes from child support ensures a child continues living a stable life. Child support laws vary from state to state. It is important that you do research on the specific laws in your state.
With 2.3 divorces per 1,000 total population residing in the state of Arizona, it has definitely had its fair share of child support cases. The state, like any other, takes its child support laws quite seriously.
Failure to pay child support can greatly impact the children involved. The parent who is failing to pay the child support can be charged with contempt of court, as well as other charges determined by the laws in the state. Arizona child support laws calculate child support based on an income share model.
This model dictates that the children involved receive the kind of financial support they would receive had the parents not separated. Child support is paid until the child or children turn 18 years of age. If the child has not graduated high school, the child support continues till they graduate or till they turn 19 years old, whichever comes first.
So, what do you do when an ex-partner is refusing to pay child support? This article explains how you can begin the legal process.
Filing a Petition
The very first step is to get yourself an experienced lawyer and file a petition for contempt. The court will then issue a notice of appearance for the parent held in contempt. The petitioning parent must also appear for the hearing.
If the parent held in contempt misses the appearance on the scheduled date, the court will proceed with the hearing without them.
If the parent has refused to appear in court, they will face legal consequences. For this, you will need to gather evidence that the parent was notified about the date of the contempt hearing. Here, you will need an experienced child support attorney to take this evidence to court.
Arrears Forgiveness
The Arizona Division of Child Support Services may offer programs to help pay back child support in some cases. Various circumstances can lead to the payment failure of the non-custodial parent. Recognizing this, the courts may consider the back child support as “in arrears” and set up a systematic plan for the parent. In Arizona, there are three programs that help the non-custodial parent:
- If the parent has a GED or diploma, they may see a reduction in their back payments.
- The DCSS Hardship Program offers help to those who are in circumstances that make it impossible to pay child support.
- A settlement plan can be agreed upon wherein the non-custodial parent either pays the custodial parent a lump sum or in installments over three months.
Child Support Modification
Financial issues can occur at any moment. If either parent finds themselves in a tough financial situation, the initial child support amount can be modified. A new agreement is drafted that suits their current financial situation. The circumstances that affect financial ability are:
- One child ages out of support while other children remain under the age of 18.
- A significant change in wages
- A significant change in parenting time
- Any new child or children outside of the current dynamic
The court may agree to the modification if the parents face any of these circumstances.
Facing the Penalties
So, once your ex has been brought to court– what’s next? If and when a parent fails to fulfill the court’s orders, several penalties go into effect. Jail time is the biggest penalty they may face.
Apart from this, their driver’s license will be suspended, bank accounts will be seized, any worker’s compensation benefits or personal property will be garnished, and if they have any professional license, that too, will be suspended.
Arizona child support laws are very strict. Failing to comply with the court’s orders is considered a serious crime. It is seen as a class VI felony, with up to 1.5 years of prison time. If the guilty party’s back child support is not as high for it to be considered a felony, they will face misdemeanor charges and be sentenced to six months in prison, along with a hefty fine.
Final Thoughts
Knowing the legal steps you can take to secure your child or children’s well-being is essential in a separation case. An experienced child support attorney also goes a long way. The Arizona family court recognizes that the financial circumstances of parents can change in a moment.
Keep yourself informed every step of the way so your child can gain the compensation they deserve.
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