Understanding Your Rights in Child Support Enforcement
Child support is a legal obligation, not an optional contribution. Yet, many parents find themselves struggling when their ex stops making payments or tries to unfairly reduce their financial responsibility. If you’re in this situation, you’re not alone. Arizona law provides several enforcement mechanisms to ensure child support orders are upheld, helping you fight child support reduction attempts that are unjustified.
At Stuart & Blackwell, we specialize in child support enforcement, ensuring that parents receive the financial support their children deserve.
What to Do If Your Ex Stops Paying Child Support
If your ex has stopped paying child support, the first step is to act quickly to enforce the court order. Under Arizona law (A.R.S. § 25-503), child support payments are legally binding, and failure to pay can result in serious consequences for the non-paying parent.
1. Confirm the Payment Issue
Before taking legal action, verify that payments have actually stopped. Double-check:
- Your bank statements or child support payment records.
- Whether payments are delayed due to bank processing issues.
- If your ex has changed jobs and payments need to be redirected.
If payments are truly missing, it’s time to initiate enforcement actions.
2. Contact the Arizona Division of Child Support Services (DCSS)
Arizona’s Division of Child Support Services (DCSS) provides enforcement assistance for parents struggling to collect child support. DCSS has the authority to:
- Garnish wages directly from your ex’s paycheck.
- Intercept tax refunds to cover unpaid child support.
- Suspend driver’s and professional licenses.
- Report delinquencies to credit bureaus.
- File contempt of court charges, leading to potential fines or jail time.
You can request assistance by visiting azdes.gov/dcss or calling DCSS directly.
3. File a Contempt of Court Motion
If your ex continues to ignore child support obligations, you can file a Motion for Contempt in family court. Under A.R.S. § 25-502, failing to pay court-ordered child support is a serious violation that can result in:
- Monetary penalties.
- Seizure of bank accounts.
- Liens on property.
- Possible jail time for willful non-compliance.
A contempt hearing will allow you to present evidence of unpaid support, and the court may issue an order compelling immediate payment.
4. Request a Wage Garnishment Order
If your ex is employed but refuses to pay, Arizona law allows for automatic wage garnishment. This means that child support payments are deducted directly from their paycheck before they even receive their earnings. You can file a Request for Wage Assignment with the court to initiate this process.
5. Seek Legal Representation
Navigating child support enforcement can be complex, especially if your ex is avoiding obligations. A family law attorney, like those at Stuart & Blackwell, can:
- File enforcement petitions on your behalf.
- Represent you in court for contempt proceedings.
- Negotiate with your ex’s legal team to ensure compliance.
At Stuart & Blackwell, we aggressively pursue enforcement actions to ensure you receive the child support you’re owed.
What to Do If Your Ex Requests a Child Support Reduction
If your ex files for a child support modification to reduce payments, don’t panic. Arizona courts only approve modifications if there is a substantial and continuing change in circumstances under A.R.S. § 25-503.
1. Review the Modification Request
If your ex claims they can no longer afford payments, request full financial documentation before agreeing to any changes. Common invalid reasons for requesting a reduction include:
- Voluntarily quitting or taking a lower-paying job.
- Claiming personal financial hardship without documentation.
- Remarrying and having new financial obligations (new spouses are not legally responsible for child support).
2. Contest the Modification in Court
If the request is unfair or lacks evidence, you can challenge the modification by:
- Gathering proof of your child’s ongoing expenses (school, healthcare, extracurriculars).
- Demonstrating that your ex is still financially capable of making payments.
- Proving that their income has not actually decreased.
The court will assess whether a true financial hardship exists before approving any modification.
3. Ensure the Modification Follows Arizona Guidelines
Arizona courts follow child support guidelines to calculate any modifications. Ensure that:
- The proposed adjustment aligns with state calculations.
- Any reductions are temporary if your ex’s situation is short-term.
- The modification does not unfairly burden your child’s financial needs.
4. Request an Income Withholding Order
If your ex is still working but wants to reduce payments unfairly, you can request an income withholding order. This ensures that child support is automatically deducted before they can spend their earnings elsewhere.
Why Choose Stuart & Blackwell for Child Support Enforcement?
At Stuart & Blackwell, we understand how frustrating and financially stressful it is when an ex stops paying child support or attempts an unjustified reduction. Our family law attorneys are experienced in:
- Enforcing unpaid child support through legal action.
- Contesting unfair modification requests.
- Protecting your child’s financial security.
We fight to ensure your rights and your child’s best interests are protected under Arizona law.
Take Action to Protect Your Child’s Future
If your ex has stopped paying child support or is trying to unfairly reduce their obligation, don’t wait to take action. Arizona law provides powerful enforcement tools to ensure compliance, and our legal team is here to help you navigate the process.
Contact Stuart & Blackwell today at (480) 420-2900 or visit stuartandblackwell.com to schedule a consultation.
Ensure Your Child Receives the Support They Deserve—Act Now