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Past Due Support
Past Due Child or Spousal Support Collection of Delinquency
Why should I hire the firm for my delinquent support matter?
Retaining the firm gives you the best chance at collecting the money owed to you at the lowest cost. The firm’s principal attorney, Michael J. Fuller, is AV rated, he has over 3 decades of experience practicing collection law and is recognized by other Arizona attorneys as the person to hire to get the job done. Mr. Fuller is passionate about his desire to help other people and feels blessed to be able to do so with the privilege of practicing law. Mr. Fuller is sincerely interested in each client’s matter and will work with each client to devise a cost effective way to accomplish the client’s goals. In these tough financial times, it’s time to get tough with the people who owe you money.
How much time do I have to collect a past due child support obligation?
If you make efforts to collect a child support debt more than ten years after the emancipation of the youngest child subject to the order, the obligor may assert as a defense that you have unreasonably delayed your attempt to enforce the child support debt. If a court makes a finding of unreasonable delay, all or a portion of the child support debt is no longer collectible. (A.R.S. Section 25-503.J).
How can I avoid a possible defense that I unreasonably delayed enforcement of my child or spousal support order?
You are permitted to secure a judgment by requesting a judgment for arrearages which pleading is filed with the clerk of the court along with an affidavit indicating the name of the party obligated to pay support and the amount of the arrearages. Once a judgment for support is entered by the court, it is exempt from renewal and is enforceable until paid in full. (A.R.S. Section 25-503.L and K). Interest on the support arrearage accrues at the annual rate of ten percent beginning at the end of the month following the month in which the support payment is due but only accrues on the principal and not on the interest. (A.R.S. Section 25-510.E). A judgment for child support has priority over most other judgments once a certified copy of the judgment is recorded with the county recorder. (A.R.S. Section 25-514).
Can my former spouse go to jail for failure to pay past due child support?
Arizona law requires every parent to provide reasonable support for his or her minor children. (A.R.S. Section 25-501.A). A parent of a minor child who knowingly fails to furnish reasonable support for the parent’s minor child may be found guilty of a class 6 felony (A.R.S. Section 25-511.A.). In making a determination of whether the parent is guilty, the court will consider all the assets, earnings and entitlements of the defendant and whether the defendant has made reasonable efforts to obtain necessary funds. (A.R.S. Section 25-511.C).
What legal steps can the firm take to secure payment of my past due child/spousal support?
Arizona law provides an arsenal of weapons to secure payment of a past due child support/spousal support judgment including the following remedies:
- You can secure an ex parte order of income assignment for current or past due support by filing with the court a request which states the monthly amount of support ordered by the court, the specific amount of support arrearages, the name and address of the payor to whom the order of assignment is directed and the name of obligor. (A.R.S. Section 25-504.B).
- You can enforce the judgment by lien, execution, nonearnings garnishment, appointment of receivership along with all other forms of relief for enforcement of an ordinary civil judgment. (A.R.S. Section 25-508.A.).
- If an obligor has willfully failed to pay support for at least six months, you can request the suspension of his or her driver’s or recreational license (A.R.S. Section 25-517.A.)
- If an obligor is at least six months in arrears in making support payments, his or her professional or occupational license may also be suspended. (A.R.S. Section 25-517.D.)
- The court can issue a child support arrest warrant if the obligor is ordered to appear for a court hearing, he is properly served and he fails to appear. (A.R.S. Section 25-681.A.)