What Are the Consequences of Not Paying Child Support in Arizona?

Failing to pay child support in Arizona can have serious consequences. The state can impose penalties such as fines and even jail time for non-paying parents. They might face license suspensions, making it difficult to work or enjoy certain hobbies. Their credit score could also take a hit, preventing them from getting new loans or credit cards.

Can You Go to Jail for Not Paying Child Support in Arizona?

Failure to pay child support is a class 6 felony in Arizona. If a parent fails to pay child support despite having the ability and means to pay, they can face severe consequences, including jail time.

The courts will consider all of a parent’s assets, earnings, and other income when determining their ability to pay. If a parent has previously worked and has no physical or mental disability, the court will assume they can work full-time at minimum wage – though there are exceptions for parents younger than 18 who are still attending high school. A parent who voluntarily reduces their income or avoids work to escape their child support obligations cannot say they aren’t able to pay.

For a first-time felony offense, the possible sentence for a class 6 felony ranges from four months to two years in prison, depending on the circumstances of the case. Subsequent class 6 felony offenses have even more severe penalties.

What Arizona Agency Enforces the Payment of Child Support?

The Division of Child Support Services (DCSS) enforces the payment of child support in Arizona. DCSS provides services such as locating parents, establishing paternity, setting up child support orders, and enforcing those orders. If a parent fails to pay child support, DCSS has the authority to take various actions to collect overdue payments. These methods can include garnishing wages, seizing bank accounts, intercepting tax refunds, and even suspending driver’s licenses. The agency’s primary goal is to ensure children have the financial support they need for their well-being.

What Are Some Ways of Recovering Back Child Support?

Parents who are owed back child support in Arizona have several options to recover these overdue payments. Here are some effective methods courts use to secure these unpaid funds:

• Wage garnishment – One of the most common methods for recovering unpaid child support is wage garnishment. This process involves the DCSS ordering an employer to withhold a portion of the non-paying parent’s wages to cover child support debts. The amount garnished from each paycheck depends on specific guidelines and how much the non-custodial parent owes.
• Tax refund interception – Another powerful tool is tax refund interception. If a parent owes back child support, the DCSS can intercept their federal and state tax refunds to cover the unpaid support. This often occurs when other collection efforts have failed, and the refund can provide a significant lump sum to reduce or clear the outstanding balance.
• Property liens – Property liens are another effective means of securing back child support. The DCSS can place a lien on the property of a parent who owes child support. The delinquent parent must pay off this lien before they can refinance or sell the property. This method prevents the non-paying parent from benefiting from the sale of significant assets without first addressing their child support responsibilities.
• License suspension – The state can suspend a non-custodial parent’s licenses to encourage them to settle their outstanding support debt. License suspensions can apply to drivers’, professional, or recreational licenses. This can affect the non-paying parent’s ability to drive or even their career if they require a license to work, often prompting quick resolution.
• Bank account seizure – If a parent has failed to pay child support, the DCSS can seize funds from their bank accounts. This straightforward approach allows the agency to withdraw past-due amounts directly from the parent’s bank, which can be highly effective in cases where other collection efforts are unsuccessful.

What Happens When Back Child Support Payments Are Paid in Full in Arizona?

When a non-custodial parent pays off their overdue child support payments, the DCSS updates their records to reflect that the parent has cleared their debt. This update can stop ongoing enforcement actions, such as wage garnishment or bank account seizures. The agency also removes any liens against the parent’s property and notifies the relevant authorities to lift suspensions on the parent’s licenses.

What Happens If You Cannot Afford to Pay Child Support?

You must act quickly if you cannot afford your child support payments in Arizona. Ignoring the problem can lead to severe legal consequences. The good news is that you have options. You can seek a modification of the child support order. This involves asking the court to re-evaluate your financial situation and adjust the amount of support accordingly. Conditions that might warrant a modification include significant changes in income, loss of employment, or medical emergencies.

A knowledgeable family law attorney can help you pursue the child support modification you need. They know how to handle necessary legal procedures, gather vital documentation to prove your change in circumstances, and present a compelling case to the court. Your lawyer will argue on your behalf, demonstrating how your financial means have changed since the court made the original child support order. They can advocate for a new child support amount that is fair and reflects your current ability to pay. They can also effectively communicate with the court and your child’s other parent, aiming for a resolution that maintains your financial stability while continuing to support your child’s needs.

Contact Our Arizona Family Law Attorneys Today

If you’re an Arizona parent struggling with child support issues, help is available. Contact Mushkatel, Gobbato, & Kile, P.L.L.C. today for an initial consultation with a family law attorney who can advise you on your rights and help you find a path forward. Our team will review your situation, discuss your options, and assist you with the necessary legal proceedings.

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