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).
Tucson Arizona Petition for OSC - Failure to Pay Child Support
Category:
State:
Arizona
City:
Tucson
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
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 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.
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.
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.
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.
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.
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.