This model form, a Petition for OSC: Failure to Pay Child Support, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).
Mesa Arizona Petition for OSC - Failure to Pay Child Support
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-DR-4-CT
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Petition For OSC - Failure To Pay Child Support?
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FAQ
You will have to File a Petition for Contempt. The court will sign an Order to Appear for a contempt hearing. You must serve both the Petition for Contempt and the Order to Appear on the parent who is not paying his or her child support. You will have to appear at the scheduled contempt hearing.
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.
The CMS can use any money raised to pay off the arrears. If this doesn't clear the arrears, the CMS can ask a court to consider: taking away the other parent's passport or driving licence. sending them to prison.
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.
If circumstances occur that permanently affect your ability to pay child support and you have past-due (arrears) payments, you may be eligible for the DCSS Hardship Program. If you think you qualify, contact your case manager or the DCSS Customer Service at 602-252-4045 or 1-800-882-4151.
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.
How Far Back Can Retroactive Child Support Be Ordered? ARS 25-320 also states that ?the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support.?
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 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.