Phoenix Arizona OSC for Failure to Pay Child Support

State:
Arizona
City:
Phoenix
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

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.?

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.

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.

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 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.

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.

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Phoenix Arizona OSC for Failure to Pay Child Support