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).
Pima Arizona OSC for Failure to Pay Child Support
Category:
State:
Arizona
County:
Pima
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
In Arizona, you may face jail time if you fall significantly behind on child support payments. Generally, if you are over 30 days late, consequences can arise, leading to a potential Order to Show Cause. Each case varies, but if non-payment is willful, a court in Pima Arizona may issue penalties, including jail time. Regularly communicating with your support order can help prevent severe issues.
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.
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.
To do so, you'll need to file a petition for modification with the court. The clerk will schedule a hearing, and you will be required to serve a copy of the petition and summons to the other parent.
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.?
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.
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.
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.
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.