How To Enforce Child Support Obligations In Arizona

Payments for child support are supposed to be made in a timely manner and paid in full. Unfortunately this is not always the case. If you have not received payments there are a few forms of action you can take.

1. File a “Motion to Enforce the Order” with the Court.

File this motion when the other party is not following the order and you want the court to enforce that he or she does. This is a good option for folks who want something done more quickly (at least as quickly as the court system allows) and the burden (i.e. what you will have to prove) is a lower standard then when filing a motion for contempt. This is the more basic option and usually results in getting what you need accomplished.

2. File a “Motion for Contempt”

This motion is more complex where you must get a Judge’s approval before serving the other party. Because it must be approved by a Judge you can end up waiting longer for a court date. Keep in mind you are asking the court for more drastic action than a simple enforcement. Therefore this is a good option when a party is being rather hostile or has ignored a past attempt at enforcing the order.

3. The Child Support Enforcement Program

Arizona adopted a law in the 70’s that helps custodial parents enforce decrees and collect child support. It is a part of the Social Security Act. It should be noted that this is an extremely aggressive course of action and you should consult with an attorney before executing this method. The specific program is called Arizona’s Child Support Evader program and they will assist you if:

• An arrest warrant has been issued
• The location of the debtor is unknown
• No payments were made in 6 months
• The amount in arrears is in excess of $5,000

To contact the Evader program and request that the offender is listed on the website and to provide them with a photo, you can reach them toll-free at (800) 882-4151.

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