If a parent shirks legal responsibility by failing to pay court-ordered child support, it can create a significant burden on the custodial parent and work to the child’s detriment. Fortunately, Arizona offers a range of tools to enforce the child support order and hold the delinquent parent accountable. 

One course of action is to contact the Arizona Division of Child Support Services, which investigates complaints of nonpayment and carries out appropriate enforcement measures. Upon receiving notification by the DCSS of a complaint, the allegedly delinquent parent has the right to request a hearing and raise defenses. If the hearing demonstrates nonpayment, or if the parent fails to appear, the DCSS can take a variety of actions to ensure child support gets paid.

One of the most effective enforcement tools is income withholding. The DCSS can issue an Income Withholding Order (IWO), which directs an employer, workers' compensation provider, unemployment agency and retirement plan administrator to deduct a specific amount from the delinquent parent's income and send it directly to the DCSS. The withheld funds are then forwarded to the custodial parent. An IWO is a powerful tool because it can be used to collect both current and past-due child support.

Another option is a state tax refund offset. If the delinquent parent is expecting a refund from Arizona income taxes, the DCSS can intercept those funds and apply them towards the outstanding child support. Federal tax refunds can also be redirected in this way, but it may be necessary to secure an order from a federal judge.

Where the delinquency is severe and substantial, the DCSS can resort to asset seizure. When the unpaid child support reaches 12 months or more, the DCSS has authority to seize bank accounts, stocks or other property owned by the delinquent parent and to apply the proceeds to settling the debt.

The DCSS can also place liens on the delinquent parent's property, such as cars or houses. This essentially freezes the assets, preventing their sale until the child support debt is paid in full. Liens hinder the parent's ability to dispose of the assets without resolving the child support issue.

License suspension or revocation are also possible. If a parent falls at least six months behind in child support, the DCSS can initiate a process to suspend his or her professional licenses without the need for court intervention. Driver's license suspension is an option as well, but obtaining court approval is usually required.

In addition, family courts have the power to hold a noncustodial parent in contempt for willful failure to pay child support. A parent found in contempt can face fines, community service or even jail time.

An Arizona child support enforcement attorney can be of great assistance in dealing with a spouse who is in arrears in making required payments.

The attorneys at Clark & Schloss Family Law, P.C. in Scottsdale are highly experienced in Arizona child support cases and will protect your rights. To schedule a free initial consultation, call 602-789-3497 or contact us online.