Child support is an important part of ensuring that children of separated parents receive the financial support they need to provide for their education, healthcare, food, clothing, shelter, and other basic expenses.
When parents are separated or divorced, a court will order that the noncustodial parent make child support payments to the custodial parent. When this order goes unpaid, a Mesa enforcement attorney can help a custodial parent recover the payments that they are entitled to via court order.
Contact the Mesa child support attorneys at our firm today if you are in need of child support enforcement.
Enforcement remedies – how to get the money your child deserves
If your child’s parent is not making their child support payments on time and in full each month, you have the right to take action. When you work with Modern Law, PLLC we can help you to learn more about the different ways that the state and the federal government can enforce child support payments. As explained by the Arizona Department of Economic Security, types of enforcement remedies include:
- Wage garnishment. One way that the payment of a child support order is commonly enforced is through wage garnishment or income withholding. The Division of Child Support Services (DCSS) will send an order to the child’s parent’s employer instructing them to withhold income.
- Seizure of assets. When support continues to go unpaid, one action that may be taken is the seizure of the party’s assets. Typically, this can include money from a bank account or other assets, such as mutual funds, in order to pay support.
- Property liens. One of the more serious steps that the DCSS may take to recover payment for child support orders is to place a lien on a property. Even a house may have a lien placed against it.
- Lottery winnings. While winning the lottery is uncommon, if it does occur, the DCSS may garnish these winnings (so long as the lottery winning is greater than $600.00).
- License revocation. Licenses may be suspended or revoked as a penalty for failing to pay child support. This can include the suspension of a wide variety of license types, including professional licenses, driver’s licenses, and occupational licenses.
- Criminal prosecution. If child support continues to go unpaid, criminal charges may be brought against the delinquent by the state or federal government. In fact, the party delinquent on payments may face felony charges, which could result in incarceration.
- Passport denial. The federal government has the power to deny the issuing of a person’s passport if they owe a certain amount in unpaid child support payments.
- Tax withholdings. Finally, both state and federal tax returns may be withheld in order to make child support payments.
Failing to make child support payments is a direct violation of a court order, and is penalized as such. If payments are not being made to you, you have the right to take action to enforce payment, and should do so immediately.
How an experienced mesa enforcement attorney can help you
In addition to working with the Division of Child Support Services in Arizona, you can also hire an experienced Mesa enforcement attorney to represent you during the enforcement process. Your attorney can help you to record a child support judgment, and bring your case before a judge in order to ask the judge to issue new orders aimed at enforcement. For example, the judge can hold the delinquent party in civil contempt of court (which means violating a court order). This, in turn, could result in the delinquent party’s arrest.
When you need payments and need them fast, hiring an attorney may be within your best interest; while the DCSS is a great resource, the department is often over-burdened, and enforcing a child support order can take weeks or months. Working with an attorney may be a faster, more direct route of pursuing the payments that you and your child deserve.
Contact our law offices today
At the law offices of the Modern Law, PLLC we know how frustrating it can be to not receive the child support payments that you are owed. When you find yourself in this situation, our experienced attorneys are here to advocate for you. We will aggressively protect your right to payments, and do everything we can to enforce a court order.
To learn more or schedule a consultation with our Mesa enforcement attorneys today, use our online form to tell us more about yourself or call our offices directly. You can also text us anytime.