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).
Scottsdale Arizona OSC for Failure to Pay Child Support
Category:
State:
Arizona
City:
Scottsdale
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
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.
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.
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.?
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.
In Arizona, you can file for any service at any time, including filing for back child support as long as paternity has been established. The Division of Child Support Services (DCSS) is where you can receive assistance to file for back 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.
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.
According to Arizona family law code § 25-501(A), both custodial and non-custodial parents are required to provide reasonable financial support to their children.
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.
