My Ex Refuses to Pay Child Support, What Do I Do?

Dealing with a ex who refuses to pay child support can be frustrating and overwhelming. As a parent, it is your right to seek the financial support necessary to provide for your child. If you find yourself in this situation, you may be unsure of what steps to take next. This is where the Law Office of Daniel Hutto can help.

With years of experience in family law, the Law Office of Daniel Hutto understands the challenges of handling child support issues. If your ex is avoiding their responsibility to provide financial support for your child, the team at the Law Office of Daniel Hutto can help you collect what is owed to you.

 
If you are unsure of where to start, the Law Office of Daniel Hutto offers a free initial consultation to discuss your case and explore your options. Whether you need to obtain an order to pay child support or enforce an existing order, their team of legal experts is dedicated to helping you through this difficult process. 

This article covers the following topics:

• Understanding Child Support Laws in Arizona
• The Legal Implications of Refusing to Pay Child Support
• How Child Support Enforcement Works 
• What if My Ex Moved Out of State?
• Can Child Support Modifications Be Made? 
• Frequently Asked Questions About Child Support in Arizona
• Legal Advice From a Family Law Attorney

Understanding Child Support Laws in Arizona

In Arizona, child support laws are defined under the Arizona Revised Statutes, providing a framework for the financial support of children.

Here’s what you need to know:

• Child support calculations and obligations are outlined in ARS § 25-320 and § 25-501, ensuring a fair and consistent approach.
• These statutes detail how child support is calculated, considering factors such as income, parenting time, and medical expenses.
• The laws also cover enforcement measures and penalties for non-compliance, ensuring adherence to child support orders.

The Legal Implications of Refusing to Pay Child Support

Refusal to pay child support in Arizona is not only a violation of a court order but also has substantial legal repercussions under the Arizona Revised Statutes.

Here’s an in-depth look at these implications:

• Legal Enforcement Actions: As per ARS § 25-503, the court can take various enforcement actions against the non-compliant parent. These can include wage garnishments, intercepting tax refunds, and even placing liens on property.
• Contempt of Court: Under ARS § 25-511, willful non-payment of child support can lead to contempt of court proceedings. This is a serious legal matter that can result in fines and, in extreme cases, incarceration.
• License Suspensions: ARS § 25-518 authorizes the suspension of professional, recreational, and driver’s licenses for individuals who have fallen behind on child support payments by a certain amount or duration.
• Criminal Penalties: Persistent non-compliance with child support orders can escalate to criminal charges. As stated in ARS § 25-681, failure to pay support can be treated as a class 6 felony under certain conditions, especially when the parent leaves the state to evade payment.
• Passport Denial: According to federal regulations, significant child support arrears can deny passport applications or renewals, impacting the non-compliant parent’s ability to travel internationally.

It’s important for parents to understand that Arizona takes child support obligations seriously. The state’s legal system provides various methods to enforce these obligations and maintain the child’s welfare.

How Child Support Enforcement Works 

In Arizona, the enforcement of child support is managed by the Division of Child Support Services (DCSS) within the Department of Economic Security.

Key methods under Arizona law for ensuring compliance include income withholding (ARS § 25-504), where employers deduct child support directly from wages, and intercepting state and federal payments like tax refunds (ARS § 25-505) for unpaid child support.

Additionally, non-payment can affect credit scores (ARS § 25-510) and lead to legal actions such as property liens or court proceedings for contempt.

For cases involving non-custodial parents living out of state, the DCSS operates under the Uniform Interstate Family Support Act to enforce orders, ensuring that children receive the financial support they are entitled to, irrespective of parental location.

What if My Ex Moved Out of State?

Imagine a scenario where Jane, a resident of Arizona, is the primary caregiver for her two children following her divorce. Her ex-husband, John, who has been making regular child support payments, decides to move to California for a new job opportunity. Jane is concerned about the continuation of child support payments now that John is out of state.

In such cases, Arizona’s enforcement of child support extends beyond its borders, thanks to the Uniform Interstate Family Support Act (UIFSA).

UIFSA allows for cooperation between states to enforce child support orders.

Here’s how it works in Jane’s situation:

1. Continued Obligation: Despite moving to California, John is still legally obligated to pay child support as per the original court order in Arizona.
2. Interstate Cooperation: The Arizona DCSS can collaborate with its counterpart in California to ensure John continues to make his child support payments.
3. Legal Recourse: If John fails to comply with the child support order, Jane has the right to seek legal recourse. Arizona courts can take enforcement actions against John, which California authorities will uphold and implement.
4. Modifications: If John experiences a significant change in financial circumstances, he has the right to request a modification of the child support order. However, until any modification is legally approved, he must continue to pay the current amount.

Can Child Support Modifications Be Made? 

In Arizona, child support orders can be modified under specific circumstances, as outlined in ARS § 25-503.

Modifications are usually considered when there’s a significant change in a parent’s income, such as a substantial pay increase or job loss. Changes in the child’s needs, like increased medical or educational expenses, can also justify a modification.

 Additionally, alterations in custody arrangements, where the non-custodial parent assumes more responsibility or there’s a change in primary custody, can lead to a reevaluation of support obligations. It’s important to remember that until a court officially approves a modification, the original order remains in effect.

Frequently Asked Questions About Child Support in Arizona

1. What can I do if my ex-partner stops paying court-ordered child support?
   
   • If your ex-partner has stopped paying the court-ordered child support, you can seek enforcement through the Arizona Department of Economic Security’s Division of Child Support Services. They can take actions like wage garnishments, intercepting tax refunds, and even initiating contempt of court proceedings. Consulting with an experienced family law attorney can provide guidance on the best course of action.
2. How is the amount of child support determined in Arizona?
   
   • The amount of child support in Arizona is calculated based on the Arizona Child Support Guidelines. These guidelines consider several factors, including both parents’ incomes, childcare costs, healthcare expenses, and the amount of time the child spends with each parent.
3. What happens if my ex owes back child support?
   
   • If your ex owes back child support, also known as arrears, the court may use several enforcement mechanisms. This includes wage garnishments, bank account levies, and possibly reporting the debt to credit bureaus. In extreme cases, non-payment can lead to contempt of court charges, potentially resulting in jail time.
4. Can the court order my ex to pay a portion of my child support lawyer’s fees?
   
   • In some cases, the court may order one party to pay a portion of the other party’s legal fees, especially if there is a significant disparity in income or if one party has acted in bad faith.
5. How can a child support lawyer help me collect past-due child support?
   
   • An experienced child support lawyer can help file motions for enforcement or contempt, negotiate with the other parent, and represent you in court to ensure the owed child support is collected.
6. What if I want to pay child support but can’t afford the current amount?
   
   • If you’re unable to pay the current child support amount due to a change in circumstances, like a job loss or medical emergency, you should file for a modification of the order as soon as possible. Until the court modifies the order, you’re still responsible for the current amount.
7. Can the court help me collect child support if my ex moves out of state?
   
   • Yes, child support enforcement extends across state lines under the Uniform Interstate Family Support Act. Arizona can work with other states to enforce and collect child support, ensuring that your child receives the necessary financial support.
8. What actions can the court take if my ex won’t pay child support?
   
   • If your ex refuses to pay child support, the court may enforce the order through wage garnishments, seizing tax refunds, revoking licenses, or even imposing jail time. It’s crucial to involve legal authorities or an attorney to address this issue effectively.
9. Is child support a legal obligation even if I don’t have child custody?
   
   • Yes, child support is a legal obligation regardless of custody arrangements. The non-custodial parent is typically required to pay child support to contribute to the child’s well-being and expenses.
10. What should I do if I want to pay child support but my ex refuses to accept it?
    
    • If you want to pay child support but your ex refuses to accept it, you should make the payments through the court or state agency handling child support. This ensures there’s a record of payment, protecting you against claims of non-payment.

If your ex refuses to pay child support, the Law Office of Daniel Hutto provides expert legal support to enforce child support orders in Arizona. Our experienced attorneys use various methods, such as income withholding and legal proceedings, to ensure compliance.

We offer personalized and aggressive representation, focusing on achieving the best results for your family.

For assistance with your child support case, contact the Law Office of Daniel Hutto. You can call us at 602-833-0986.

Our team is dedicated to supporting you and ensuring the financial well-being of your child.