When a parent stops paying court-ordered child support, the financial burden often shifts to the other parent and, ultimately, the child. A Phoenix child support enforcement attorney can help enforce an existing support order, pursue unpaid child support, or represent you if you are responding to an enforcement action. At Cohen Family Law, we represent parents throughout the Phoenix area in child support enforcement matters, helping them understand their rights and pursue practical solutions under Arizona law. Whether you need to recover past-due support or respond to enforcement proceedings, we will explain your legal options and advocate for your interests throughout the process.
Why Choose Cohen Family Law for Child Support Enforcement?
Child support enforcement often involves legal and procedural issues that can affect how quickly support is recovered. We help clients understand their options and represent them throughout the process.
When you choose Cohen Family Law, you benefit from:
- More than 40 years of experience representing Arizona families
- Attorney Mitchell E. Cohen’s decades of family law practice, beginning in 1982
- Recognition, including a Martindale-Hubbell Distinguished rating and Best of Arizona Business honors
- Representation for both parents seeking enforcement and parents responding to enforcement proceedings
- Individualized legal guidance based on your family’s circumstances
- A free 30-minute consultation to discuss your options
What Is Child Support Enforcement?
Child support enforcement is the legal process used to collect support that has not been paid under an existing court order. Once a judge issues a child support order, both parents are legally required to comply with it. When payments stop or become inconsistent, the receiving parent may ask the court to enforce the order.
Depending on the circumstances, enforcement may occur through the Arizona courts, the Division of Child Support Services, or private legal action. We evaluate your situation and recommend the approach that best supports your goals.
How Can a Child Support Order Be Enforced?
Arizona law provides several tools for collecting unpaid child support.
Enforcement options may include:
- Income withholding from wages
- Tax refund interception
- Liens against certain property
- Suspension of driver’s or professional licenses
- Credit reporting of delinquent support
- Contempt of court proceedings, when appropriate
We will review your support order, payment history, and available evidence to determine which enforcement methods are appropriate for your case.
What Are Child Support Arrears?
Child support arrears are the unpaid amounts that accumulate when a parent fails to make court-ordered support payments. These unpaid obligations generally remain enforceable under Arizona law, and, depending on the circumstances, interest may also accrue over time, increasing the amount owed.
If arrears have accumulated, we can help you:
- Review payment records and support histories
- Calculate the amount believed to be owed
- Seek a judgment for unpaid child support when appropriate
- Pursue available enforcement remedies through the court
Acting sooner rather than later may make it easier to gather records, preserve evidence, and move the enforcement process forward.
Can I Collect Back Child Support?
In many cases, yes. If a valid child support order was in place and payments were missed, those unpaid amounts generally remain collectible under Arizona law. We can review your payment history, explain your options, and help you pursue the support that is owed.
What If I Am Facing Child Support Enforcement?
Not every enforcement action involves a parent who intentionally refused to pay. A job loss, illness, or another substantial change in financial circumstances can affect a person’s ability to meet a support obligation.
We represent parents responding to enforcement proceedings by reviewing the allegations, presenting relevant financial information, and advocating for a fair outcome. If your financial circumstances have changed significantly, modifying your child support order may be appropriate. Because modifications generally apply only after a petition is filed, acting promptly is important.
What If the Other Parent Lives Out of State?
Moving outside of Arizona does not end a parent’s child support obligation. Through interstate enforcement laws, Arizona can work with courts and agencies in other states to enforce an existing child support order.
Whether the paying parent has relocated recently or has lived outside Arizona for years, we can explain the available enforcement options and help you pursue the support your child has been awarded.
Let Us Help You Protect Your Child’s Financial Future
A child support order is intended to provide financial stability for your child, and parents should not have to bear that responsibility alone when payments stop. Whether you need to enforce an existing order or respond to an enforcement action, Cohen Family Law is prepared to help. Contact us today to schedule your free 30-minute consultation and learn how we can assist with your child support enforcement matter.
Frequently Asked Questions
Will I have to go to court to enforce child support?
Not always. Some enforcement methods may proceed administratively, while others, such as contempt proceedings, require a court hearing.
How long does a child support enforcement case take?
The timeline depends on the enforcement method used, whether the case is contested, and the other parent’s response. Some wage withholding actions move relatively quickly, while contested court proceedings may take longer.
What if the other parent says they cannot afford to pay?
A parent experiencing a significant change in financial circumstances may ask the court to modify child support. However, they generally cannot stop making payments without obtaining a court-approved modification.
Can child support enforcement begin if payments are only a few months behind?
Yes. You do not have to wait until a large amount of unpaid support has accumulated before seeking enforcement. Taking action early may make it easier to document missed payments and pursue available legal remedies.
