When a couple marries, they typically don’t envision the marriage ending and instead spend time building memories, investing finances, collecting assets, and often expanding their family with children. Unfortunately, if the marriage ends and children are involved, the parents are responsible for a number of additional tasks, including determining who will have custody, how much time they will have custody, and how much child support the non-custodial spouse may need to pay. Even parents who set out to have a mutually agreeable divorce could find themselves in contentious struggles over issues that should be settled in the child’s best interest.
When the dust settles, a family court judge will ensure that both parents meet their obligations regarding their children. In short, both parents have a legal duty to provide for the child’s needs and care either directly or through regular child support payments. Unfortunately, child support often goes unpaid due to a range of circumstances, which may include financial difficulties, disagreements regarding the amount of child support ordered, and even hostility between parents.
No matter the reason, however, the Arizona Family Court will work to ensure the children involved receive support from both parents, which can result in a number of legal requirements for both parties. Learn more about the consequences of unpaid child support and how you can approach such a case.
Frequently Asked Questions About Unpaid Child Support in Arizona
Whether you are the payer or the payee, it is crucial to settle unpaid child support to ensure the ongoing well-being of your child. The divorce and child support attorneys at the Valley Law Group want to help. Our experienced divorce lawyers in Arizona have provided answers to some of the most frequently asked questions about unpaid child support to give you some clarity about how unpaid child support can affect your family.
Can I Get Back Child Support if I Never Filed?
In Arizona, never filing for child support does not mean you do not qualify for payments. Under the law, you have a legal right to seek child support payments from the date of your separation from the child’s other parent, up to three years before the date you filed for divorce, legal separation, or requested child support. While the law establishes this timeline, the court may modify it further by extending or reducing the amount of time for which child support is owed. This is known as retroactive child support.
Back child support is different in that an order has already been established, and the paying party must be compelled to adhere to the rules of the court order. Back child support becomes due when the paying party fails to pay child support as expected. They remain responsible for this financial obligation and can be ordered to pay by the court.
Does the State Pay Child Support if the Father Doesn’t?
Child support laws in Arizona stand for all parties regardless of gender, race, age, or any other identifying characteristic. However, if one parent fails to pay child support, the other parent can seek the help of the Arizona Department of Economic Security’s Division of Child Support Services. This group can assist in the recovery of owed child support through strategies such as wage garnishment, collecting tax refunds, and even working with courts to hold violators in contempt of court. In addition to these avenues, failure to pay child support can be reported to the credit bureaus.
Who Gets Back Child Support After the Child Is 18?
If you are owed back child support for a failure to pay, but your child has turned 18, you can still qualify to receive the money owed. Child support is a calculated payment that must be satisfied to uphold a court order. Therefore, a parent ordered to pay child support is required to fulfill that obligation even after the child turns 18. In these situations, it is assumed that the custodial parent had to use their personal funds to support the child financially instead of the required child support. Child Support is a legally binding contract, and therefore, it is owed to the custodial parent no matter the age of the child.
Can You Lose Custody for Not Paying Child Support?
In Arizona, a parent can lose their parental rights for a variety of reasons. These include abandonment, domestic violence, mental health, substance abuse, incarceration, and more. Failure to pay child support could cause a parent to lose their parental rights. However, a court will likely review the circumstances of the back child support, missing payments, or any periods in which the parent caught up on payments to determine a course of action that is in the best interests of the child and the parents.
Can I Avoid Back Child Support if I File For Bankruptcy?
Filing for bankruptcy is a choice many people make when their debts become so burdensome that they are unable to recover financially. However, there are certain debts that cannot be erased through the bankruptcy process, and child support is one of them. The money owed for child support is required to help ensure the child’s basic needs are met. Therefore, this money is owed and cannot be released through the bankruptcy process.
I’m Told I Owe Back Child Support, but I Have Been Making Regular Payments. What Can I Do?
Making regular child support payments is an important part of ensuring that there is no doubt you are fulfilling your obligation. It is important that you have an agreement in writing with the other payment on how the monies are to be paid. You should avoid making any agreement that the support will be made in cash. By using checks, bank transfers, or other electronic means, you are able to create a log of payments that serves as documentation should your payment history ever come into question. In addition, you should collect receipts of the payment, pay in the presence of a witness, or otherwise find opportunities to create a record to prove your regular payment.
Can I Make Modifications to Child Support Arrangements Without a Court Order?
You should never self-modify a child support agreement, even if the child’s other parent agrees. Circumstances change, and your income may increase or decrease, which could impact your child support payments. However, without a legal modification, the other parent could still pursue legal action against you for not following the court-mandated order. Ensuring that your child support modifications are completed via the correct legal steps can help to ensure that you are protected from any adverse actions by your child’s other parent.
If My Ex Moves With My Child to Another State, Is Child Support Still Protected?
Under the Uniform Interstate Family Support Act, child support orders are protected from state to state. This federal law ensures that parents and children are still provided with the means to access basic necessities via child support payments. If the violating parent lives in another state, you can work with an attorney who can help file the proper paperwork for enforcement. This may mean filing a petition in your home state, filing in the other parent’s state, or contacting a local child support agency. These processes can help you collect payments through wage garnishment or other means.
In addition, refusing to pay child support when one parent lives in a different state with the child is a federal crime, as outlined by The Child Support Recovery Act of 1992. Coupling this with the Deadbeat Parents Punishment Act of 1998, failing to pay child support can lead to severe consequences and even a felony.
Will Child Custody Modifications Change Child Custody Payments?
A modification to child custody may or may not impact the amount of child support one parent owes to the other. If there is a modification to the custody arrangement, then a court can review the terms of the child support agreement and make a determination regarding child support. In many cases, child support is not affected, so you should not assume child support requirements will change with custody alterations. Unless child support modifications are requested and occur through the correct legal avenues, regular child support payments should be made.
How Do I Locate a Non-Custodial Parent Who Has Not Paid Child Support?
When one parent refuses to pay child support, the resulting financial gaps affect both custodial parent and child. Unfortunately, some parents who choose not to pay support may also choose to relocate without informing the other parent or the court system in the hopes that if they cannot be found, they won’t have to pay. However, the Division of Child Support Services can assist custodial parents in locating the other parent to enforce orders of support.
If I Am the Victim of Domestic Violence, Will the Other Parent See My Information When Paying Child Support?
Domestic violence can add a very complex layer to custody and support agreements. In some cases, the custodial parent, who was also the victim of domestic violence, is afraid to seek support because they do not want the other parent to have access to their address. In Arizona, these cases can be handled with non-disclosure agreements in place, provided that the right documentation is submitted.
What Are Child Support Payment Arrears?
Child support payment arrears are another term for unpaid child support payments. Payment arrears can be resolved by adding them to the regular child support payments provided each month. These additional payments serve to resolve the back child support owed and are determined as a percentage depending on the amount of back child support that is owed. For example, if you are between 2 and 6 months behind on payments, you may pay an additional amount of 25%, whereas if you are six to 12 months behind, your total could increase by an additional 33%.
Can the Government Intercept Income Tax Returns to Recover Owed Child Support?
Yes, income tax returns can be intercepted as a way to recover child support monies owed. In some cases, a parent can voluntarily forfeit a part of their return to be applied to child support payments. In other cases, state agencies tasked with collecting child support can help to recover the money that is owed through this process. To find out if this option is right for you, whether you owe or are trying to collect, speak with an attorney about your circumstances so they can help guide you through the process of intercepting tax returns.
Child Custody Lawyers in Arizona
Providing for a child’s needs is a duty that applies to both parents regardless of the time they spend with their children. When one parent fails to hold up their end of this important duty, the Arizona Family Court can and will take steps to ensure these critical payments are recovered. However, you must take the first step and request legal enforcement of missing child support payments.
Whether you are struggling to collect child support payments from your child’s other parent or are behind on child support payments, the team at The Valley Law Group is here to help. Our Arizona child support attorneys can help you at any stage of the process. Contact our offices today to request your free family law consultation.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.