Navigating Child Support in Maricopa County, AZ

Child support is a crucial aspect of divorce proceedings, ensuring that children receive the financial support they need from both parents. In Maricopa County, AZ, child support is determined by the Arizona Child Support Guidelines, which take into account factors such as each parent's income, the number of children, and the amount of time each parent spends with the children.

What Happens if You Are Unable to Pay Child Support?

Unfortunately, financial hardships can arise at any time, making it difficult for a parent to meet their court-ordered child support obligations. If you find yourself in this situation in Maricopa County, AZ, it is important to understand your options and the potential consequences.

Child support in Maricopa County AZ

is taken very seriously by the courts, and failure to pay can result in legal action being taken against you. This can include wage garnishment, suspension of your driver's license or professional license, and even jail time.

Seeking a Modification

If you are facing financial hardship and are unable to pay your court-ordered child support, it is important to take action as soon as possible.

The first step is to seek a modification of your child support order. This can be done by filing a petition with the court and providing evidence of your changed financial circumstances. The court will review your petition and may adjust your child support payments based on your current income and expenses. It is important to note that the court will not consider voluntary unemployment or underemployment when determining a modification. You must be able to show that your financial hardship is beyond your control.

Working with the Department of Economic Security (DES)

In Maricopa County, AZ, the Department of Economic Security (DES) is responsible for enforcing child support orders.

If you are unable to pay your child support, you may be contacted by DES to discuss your situation. It is important to be honest and provide any documentation that supports your claim of financial hardship. DES may be able to offer resources and assistance to help you meet your child support obligations. This can include job training programs, employment assistance, and referrals to community resources.

The Consequences of Not Paying Child Support

If you are unable to pay your court-ordered child support and do not take action to seek a modification or work with DES, there can be serious consequences. As mentioned earlier, the court can take legal action against you, including wage garnishment and suspension of your driver's license or professional license. In addition, failure to pay child support can result in a contempt of court charge.

This means that you have willfully disobeyed a court order and can result in fines and even jail time. In Maricopa County, AZ, the maximum penalty for contempt of court for failure to pay child support is six months in jail.

What Happens if You Are Incarcerated?

If you are unable to pay your child support and are facing jail time, it is important to understand what will happen to your child support obligations while you are incarcerated. In most cases, the court will not modify your child support order while you are in jail. This means that when you are released, you will still owe the same amount of child support as before. It is important to note that if you are incarcerated for more than six months, your child support order may be modified upon your release.

However, this is not guaranteed and will depend on the specific circumstances of your case.

Seeking Legal Assistance

If you are facing financial hardship and are unable to pay your court-ordered child support, it is important to seek legal assistance. An experienced family law attorney can help you navigate the process of seeking a modification and working with DES. They can also represent you in court if necessary. It is important to take action as soon as possible to avoid the potential consequences of not paying child support. By seeking a modification or working with DES, you can show the court that you are making an effort to meet your obligations and avoid legal action.

Conclusion

Child support in Maricopa County, AZ, is a serious matter and should not be taken lightly.

If you are facing financial hardship and are unable to pay your court-ordered child support, it is important to take action and seek a modification or work with DES. Failure to do so can result in serious consequences, including jail time. Seeking legal assistance can help you navigate this process and ensure that your children receive the financial support they need.