Maricopa Arizona OSC for Failure to Pay Child Support

State:
Arizona
County:
Maricopa
Control #:
AZ-DR-5-CT
Format:
Word; 
Rich Text
Instant download

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

Getting out of paying child support in California can be challenging. However, if you believe there has been a significant change in circumstances, such as a loss of income or job, you may seek a modification through the court. In this situation, it's important to demonstrate your case effectively, perhaps with legal help. Understand that each case is unique, and getting advice tailored to your situation is essential.

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.

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.

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.

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.

Contact the DCSS The Division of Child Support Services (DCSS) is where you can receive assistance to file for back child support. At any office, you can collect the appropriate papers and you can ask your caseworker to assist you in filling out the paperwork for the filing for back child support.

How to Stop Child Support in Arizona When Both Parents Agree All parties must sign the Agreement to Stop the Income Withholding Order (and Support Order) in front of a Clerk of the Court or a Notary. If DCSS was involved in the child support case, a representative from the agency must also sign the agreement.

In short, yes, you can go to jail for failing to pay your court-ordered child support. The good news is that you will have several chances to amend the issue and make up the payments you owe. If you are more than 30 days late on a child support payment, your debt may be reported to a credit agency.

If the other parent won't agree to repay the arrears If that doesn't clear the arrears, the CMS can apply to court for a 'liability order'. This means they can ask bailiffs to take goods from the other parent and sell them. If the other parent owns their home, the CMS can also ask a court for an order to sell it.

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.

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Maricopa Arizona OSC for Failure to Pay Child Support