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Depending on the facts, the court can enforce the order by entering a judgment against the non-paying parent, setting a purge (a lump sum payment that goes toward the arrears and is paid to stay out of jail), and sending the non-paying parent to ?Accountability Court? where his monthly payment will be monitored on a ...
If the noncustodial parent doesn't pay, it is considered a violation of the order. Once the payments are missed, you can "enforce" your order, which means you can ask the Arizona Department of Child Support Services (DCSS) or a court to help you get the financial support that your child needs.
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.
If you are found guilty of the misdemeanor charge, this can result in a fine up to $2500 as well as six months in jail. That time is generally served at a county workhouse or in a county jail. However, if you are charged with the felony you can get as much as 18 months in jail.
A: Once the owing parent is 30 days behind in payments, the custodial parent may file a petition for contempt. The owing parent will be required to appear in court, and if they fail to do so, they will very likely be found in contempt and may see jail time and/or fines.
If you are in a situation where the other parent has not been paying the child support and the child has reached the age of 18, you still have the legal right to pursue an action against them to retrieve the unpaid money. Call the Family Law Team at (480) 467-4348 to discuss your case today.
If The Parents Agree, Child Support Can Be Changed or Removed. Because of changes in circumstances for either of the parents, the two parties may agree to forgo payments. This can happen when the marital status of the custodial parent changes, the income of a parent changes, or other circumstances.
Waiving Child Support Arrears 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.