Tucson Arizona OSC for Failure to Pay Child Support

State:
Arizona
City:
Tucson
Control #:
AZ-DR-5-CT
Format:
Word; 
Rich Text
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Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order of Service for Failure to Pay Child Support, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

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FAQ

Retroactive child support is different than back child support. Under Arizona Statute 25-320, the state law declares that the judge can enforce a previous date for when child support payments start. Your ex-partner may have to pay you for up to three (3) years prior to any child custody order of filing.

Understand that in the state of Arizona, a person who fails to pay the child support that they are obligated to pay by the court is guilty of a crime known as ?failure of parent to provide for child.? In Arizona, this is a class VI felony, which can result in up to 1.5 years in prison.

If you would like to speak to a representative, please contact the DCSS Customer Service at 1-800-882-4151. The Arizona Division of Child Support Services (DCSS) provides services to parents and caretakers who receive child support as well as parents who pay child support.

Q: How Far Behind in Child Support Before a Warrant Is Issued in Arizona? A: Once the owing parent is 30 days behind in payments, the custodial parent may file a petition for contempt.

Yes, Arizona does enforce child support through the Superior Courts of the county in which you file to enforce child support. Arizona can enforce child support orders issued by an Arizona judge, as well as child support orders issued in other states pursuant to the Uniform Interstate Family Support Act.

The penalties for not paying child support include incarceration for contempt of court, being ordered to pay the other parent's attorney fees for enforcing child support, and suspension of your drivers license, and the suspension of any professional licenses you may have.

If you owe the state the child support arrears, the DCSE will negotiate a settlement rather than outright waiving the unpaid balance. If the child support arrears are due to the custodial parent, then he or she has the right to negotiate a waiver of child support arrears.

Arizona law provides no statute of limitation on child support arrears. Once a court orders a parent to pay child support, and that parent does not pay child support, there is no statute of limitation on collection of the resulting arrears. Similarly, judgments for child support arrears do not expire in Arizona.

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Tucson Arizona OSC for Failure to Pay Child Support