What Should I Do if They Are Not Paying Child Support in Arizona?
Child support is a legal obligation designed to ensure that a child’s financial needs are met, but what happens when the other parent fails to make payments? If you’re dealing with unpaid child support in Arizona, it’s essential to understand your rights and the steps you can take to resolve the situation. At McLeester Law in Phoenix, AZ, we are here to guide you through the family law process.
1. Understand the Importance of Child Support
Child support is not just about money—it’s about providing for your child’s basic needs, including housing, food, and clothing. Arizona courts take child support orders seriously, and non-payment can have serious legal consequences for the paying parent.
2. Document the Non-Payment
If the other parent is not paying child support, the first step is to gather evidence of the non-payment:
Keep Records: Maintain a detailed record of missed payments, including dates and amounts due.
Save Communication: Document any written communication about child support, such as text messages or emails.
Bank Statements: Keep records of any payments received or the lack thereof.
This documentation will be crucial if legal action is required.
*sign up for the Arizona Child Support Portal through the Department of Economic Security as an additional tool to assist in tracking payments.
3. Attempt to Resolve the Issue
Before escalating the matter, consider reaching out to the non-paying parent to address the issue. In some cases, they may be experiencing temporary financial difficulties and could be open to negotiating a short-term solution.
• Communicate calmly and clearly.
• Avoid hostility to keep the conversation productive.
• Propose a payment plan if appropriate.
If direct communication fails or is not possible, it’s time to take formal action.
4. Contact the Arizona Division of Child Support Services (DCSS)
Arizona’s Division of Child Support Services (DCSS) can assist with enforcing child support orders. DCSS offers several tools to help collect unpaid support, including:
• Wage garnishment.
• Seizure of tax refunds or lottery winnings.
• Suspending professional or driver’s licenses.
• Assigning an Assistant Attorney General attorney to take the case to court.
You can file a request with DCSS for assistance in recovering unpaid child support.
5. Consider Modifications if Necessary
If the non-payment is due to a significant change in the paying parent’s financial circumstances, such as job loss or health issues, they may be eligible to request a modification of the child support order. While this doesn’t excuse current arrears, it can help prevent future non-payment.
6. Seek Legal Support
Navigating child support enforcement can be legally complex and emotionally challenging. A skilled family law attorney can provide the guidance and advocacy you need to protect your rights and secure the financial support your child deserves.
Benefits of Hiring an Attorney
• Expertise in Arizona child support laws.
• Assistance with filing enforcement petitions.
• Representation in court proceedings.
Contact McLeester Law for Support
If you’re dealing with unpaid child support in Arizona, McLeester Law is here to help. Our experienced family law attorneys in Phoenix, AZ, are committed to advocating for your child’s financial security and ensuring compliance with court-ordered child support.