Parents who owe back child support payments, and those who receive them, may have legal options in their situation. The Tempe family lawyers at Blake & Pulsifer, PLC can explain what paths may be available to you and can advocate on your behalf.

If a parent does not pay child support in full and on time, they are violating a court order. As such, they are facing enforcement action either through the court or the state. If you are a parent who has fallen behind on child support payments, there may be options that are available to you. If you are the parent who is receiving child support, you can take action to enforce the court order to get the money you are owed. 

The experienced Tempe child support attorneys at Blake & Pulsifer, PLC, will take the time to listen to you and give you tailored legal advice based on your circumstances. Whether you owe or are owed child support, it is vital that you speak to an attorney immediately. Call our team now at (480) 838-3000.

There Are Harsh Potential Consequences When a Parent Owes Back Child Support

Paying child support can be difficult, and there may be legitimate reasons why a parent has fallen behind in their payments. For example, they may have lost a job or have had an unexpected financial challenge, such as a very high medical bill. However, if a parent intentionally lowers their income to avoid child support, the Court may attribute the higher income to the parent, regardless of actual income. For example, if a parent is a brain surgeon and has made $400,000/ year for the last 10 years, and that parent then quits brain surgery to work at the local fast food joint, the Court may attribute the $400,000 income to the parent, regardless of the minimum wage job. 

If one does not pay child support on time, interest begins to accrue from the date when the payment was due. Arizona law applies interest to missed payments in the amount of 10% per year. Both the principal and interest become part of the arrears that are enforced through the courts. 

The Court may be able to help the parents create a manageable schedule to make up the amount or even to reduce arrears if appropriate. The important thing is that both parties are proactive and communicating, because the Court could take enforcement action against a party who is behind if the Court believes that they are not actively attempting to resolve the issue. Potential enforcement action can include:

  • Wage garnishment
  • Asset Garnishment 
  • Interception of tax refunds
  • Garnishment of certain social security benefits
  • The loss of driver’s license
  • An arrest warrant being issued
  • Contempt of court charges that could even lead to time in prison

Options for Parents

A judge may allow for a repayment plan that includes the monthly payment and part of the amount in arrears. This repayment plan would be based on the parent’s ability to pay. A judge may consider assets, employment situation, and expenses in determining how much of the arrears would be paid back on a monthly basis. The Court may also determine that a modification is needed to the existing child support order. 

Here, much is within the discretion of the Court. A judge may consider the facts and circumstances of each individual situation in determining whether to grant any type of relief. An experienced child support attorney in Tempe can help you understand your rights and options, whether you owe, or are owed, child support. 

Contact a Child Support Law Firm in Tempe, Arizona

The Tempe child support attorneys at Blake & Pulsifer, PLC can help you take action to alleviate a difficult situation or to enforce a child support judgment. Schedule an appointment to discuss your case with one of our family lawyers by filling out an online contact form or by calling us today at (480) 838-3000.