Enforcing Support Orders | Arizona Support Enforcement Lawyer

In our system, Maricopa County Superior Court is the Court Reporting - A forum for problem solving with a very specific purpose. Through contempt proceedings, the Court applies the responsibility of support arrears and improve future compliance with the controls.

Appearing before the Court of responsibility?

The Court deals with the responsibility to those who are chronically non-compliant with their prescriptions. The parent who makes a late payment of child support (or former spouse who has written a bad check accidental) is not a likely candidate for this court to resolve problems.It is only once transgressions and not necessarily indicative of any problems arrears. Instead, the AC is for those who are chronically late, having established a pattern of nonpayment.

Motion to refer to the Court of accountability.

In these cases, post-decree, the individual creditor (the party receiving the support) may file a motion to refer to the Court of accountability. In a case of IV-D application in which the DES in Arizona is seeking the support of a parent does not comply, the State Attorney General may request that the matter be referred to the CA.

Where the debtor is behind in support payments ordered by the court, the evidence is presented and a certain amount is set to recover arrears of support (including principal and interest). The Family Court will sanction the debtor held in contempt, including confinement in the county jail for an indefinite period. The game is released on presentation of a "purge payment" that must be paid in cash. Payment of purge is part of the arrears owed. For example, if the arrears of child support was $ 18 348, Purge payment could be set at $ 1,500. The obligor remains in the county jail, in custody, until the cash purge payment is made.

 In granting the Motion for Referral to Accountability Court, the Family Court Judge will order the obligor to appear for an AC hearing at a specific time and date. (The Judge may deny the motion, yet still recommend that the case be referred to AC if the obligor is noncompliant with the support order in the future.) Although the obligee need not be present at the AC hearing, he or she is welcome to appear. Unless the obligor remains in custody for not making the purge payment, a hearing will be held with the AC Judge. If the obligor fails to appear at the scheduled AC hearing as ordered, then the Court may find that person in contempt, again, and issue a support arrest warrant. A judgment may be entered for additional arrearages.


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