What happens if child support is not paid in Arizona?

The U.S. Department of Health and Human Services oversees the Federal Office of Child Support Enforcement. Their primary goal is to help families in obtaining financial and medical support for all kids throughout the nation. They assist each state by locating absent parents, establishing paternity and obtaining support orders when necessary. When determining child support in Arizona, the court calculates the amount that would have been spent on the kids if the couple had remained together. Each parent is responsible for contributing an equal share of the total amount.

Arizona & Unpaid Child Support

In Arizona, the Department of Economic Security (DCSE) has the legal authority to enforce child support obligations. Some of their enforcement remedies include:

• Seizing their assets, including bank accounts, retirement plans and investment funds
• Filing a lien against the individual’s property, such as their house
• Preventing them from obtaining a U.S. Passport
• Suspending or denying professional licenses, including driver’s licenses
• Intercepting and seizing any income tax refunds
• Any lottery winnings exceeding $600 may be intercepted
• Reporting non-payment to all credit agencies

DCSE is required to notify the individuals before taking action and the parents have the right to request an administrative review if they dispute the claim; i.e. they can prove that child support has been paid. All unpaid child support is charged interest at the rate of 10% annually and can be enforced retroactively for up to three years prior to the child support judgment. In some cases, DCSE can file a motion in Superior Court to find the non-compliant parent in contempt. This can result in large fines or incarceration.

Consulting an Arizona Family Law Attorney

Many parents don’t realize that by not paying child support may land them in a state or federal jail. Arizona has the right to report unpaid child support to the federal government who can seize your federal tax refund. Parents who fail to pay support and leave the State of Arizona can be charged with a misdemeanor or felony offense, depending on the amount past due. If you are unable to pay support and may be facing legal action, it’s time to consult a family law attorney. They can provide legal advice on how you can work out a payment plan so you don’t wind up behind bars.