Child Support Enforcement
Every person has a duty to provide reasonable support for their natural and adopted minor children regardless of the residence of the child. This applies both to married and unmarried parents. Occasionally in the case of special needs children the duty to support may continue past the age of majority. If one party fails to comply with a child support order you may be forced back into court to enforce your rights.
Phoenix Child Support Enforcement Attorney
The Daly Law Firm is committed to helping parents enforce and collect unpaid child support. Our goal is to resolve your child support issue as quickly as possible with as little litigation as possible. As experienced Phoenix and Scottsdale child support enforcement lawyers we can review your case and determine the best course of action to ensure your family’s financial stability. Don't hesitate to call (480) 607-8308 for a free consultation regarding your child support enforcement matter.
What are my options to enforce child support in Arizona?
If someone is behind in child support payments you may seek relief by filing a Petition to Enforce or a Motion for Contempt. Generally, if the party is only a few months behind you may wish to file a Petition to Enforce. If a party is consistently behind or has stopped paying child support altogether a Motion for Contempt might be sought. This allows the court to issue serious sanctions which could include incarceration. In some case it may be advisable to have the Department of Economic Security (DES) get involved in the case.
What remedies are available to enforce child support in Arizona?
Any judgment that has been entered because of a divorce, custody determination or paternity determination may be enforcement as a matter of right by:
- Garnishment of wages
- Lien on personal property, real estate or motor vehicles
- Execution
- Attachment
- Levy bank accounts
- Appointment of receivership
The Daly Law Firm can assit you in collecting a child support judgment that you might have already obtained on your own. In addition, a person who fails to pay child support may be subject to any of the following:
- License suspension (drivers, professional, recreational)
- Tax refund intercepts (both state and federal)
- Passport denial
- Credit bureau reporting
- Lottery winning intercept
How do I get a child support arrest warrant issued in Arizona?
Failure to knowingly pay child support is a class 6 felony. In determining whether someone is guilty of failure to pay child support the court must consider all assets, earning and entitlements of the party and whether or not the party has made all reasonable efforts to obtain the funds necessary to pay the order. However, a criminal arrest warrant is different. In Family Court, a “child support arrest warrant" generally means an order that is issued by a judicial officer in a noncriminal child support matter that directs a peace officer in Arizona to arrest the person named in the warrant and bring the person before the court.
On motion of a party the court may issue a child support arrest warrant if the court finds the following applies to the person for whom the child support arrest warrant is sought:
- The person was ordered by the court to appear personally at a specific time and location.
- The person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a child support arrest warrant.
- The person failed to appear as ordered.
If the arrest warrant is issued, the court is required to make a determination as to the amount the arrested person should pay in order to be released from custody.
Daly Law Firm, PLLC- Scottsdale Child Support Enforcement Lawyer
If you are pursuing unpaid child support the Daly Law Firm can help. We handle child support enforcement and contempt actions in the Phoenix, Scottsdale, or Maricopa County area, don’t hesitate to call The Daly Firm at (480) 607-8308 for a free consultation regarding your child support enforcement matter.