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).
Mesa Arizona OSC for Failure to Pay Child Support
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-DR-5-CT
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona OSC For Failure To Pay Child Support?
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FAQ
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.
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.
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.
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.
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.
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.?
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.
Waiving Arrears Waiving child support arrears in Arizona is not common and the courts rarely grant these requests. This is true whether it is owed to the state or directly to the custodial parent. Such a request requires proving extreme financial hardship.
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.