DES Child Support Enforcement Arizona

From LoveToKnow Divorce

When it comes to DES child support enforcement, Arizona has a number of measures which can be put into place. The DES (Division of Child Support Enforcement) is the government agency responsible for enforcing child support orders in the State. The DES provides services at no cost to Arizona residents. It receives funding from both the federal and State governments.

Arizona residents can get help collecting child support from DES.
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Arizona residents can get help collecting child support from DES.

DES Child Support Enforcement Arizona - An Overview

DES provides services to enforce existing child support orders. It cannot enforce orders for spousal maintenance. Support payments collected by the agency are forwarded to the custodial parent; the agency does not provide support payments and then attempt to collect the payments from the other parent.

Enforcement Measures for Non-Payment

If a non-custodial parent has not kept up with child support payments as ordered, the following measures can be taken to bring the past-due payments up to date:

  • Seizure of Assets (includes moneys held in bank accounts and retirement plans)
  • Credit Reporting Agency Notified of Back Child Support Owing
  • License Suspension or Denial (includes drivers license, professional licenses, hunting and fishing licenses)
  • Denial of Passport Application
  • Seizure of Income Tax Refund or Property Tax Credits
  • Lien Filed Against Real Property
  • Accounts Frozen (an account held jointly with another individual may be frozen)

Interest on Child Support Payments

Interest is charged on unpaid child support at the rate of 10% per annum. Interest also accrues on retroactive support ordered.

How Child Support is Calculated

Child support in Arizona is calculated using a formula which takes into account the following figures:

  • Gross Income of Each Parent
  • Amount of Support Payments Being Made for Children from Previous Marriages or Other Relationships
  • Amount of Spousal Maintenance Being Paid/Received
  • Health Insurance Costs for the Child/Children

The following considerations are also factored in:

  • Number of Children Aged 12 and Up
  • Number of Days the Children are in the Care of Each Parent
  • Date and Month of the Youngest Child's Birthday

Limitations on Back Child Support Payments

In Arizona, the Statute of Limitations sets the limitation date for collecting unpaid child support as the end of the third year following emancipation of the youngest child for whom support was ordered. Under Arizona law, the age of emancipation is 18 years. If a written judgment was obtained, the custodial parent has the legal right to collect support until the debt is paid off.

Payment Methods for Arizona Child Support

DES Child Support Enforcement Arizona accepts the following methods of payment for child support:

  • Visa
  • MasterCard
  • Wire Transfer (Western Union)
  • Automatic Withdrawal from a Checking/Savings Account

Electronic Payment Card

Custodial parents receiving child support payments have the option of accessing funds through the use of an electronic payment card. This card can be used to withdraw funds in cash from an automatic teller machine (ATM) or it can be used to pay for items from retailers who accept Visa Debit cards.

Finding a Non-Custodial Parent

DES can assist provide assistance in finding the other parent. The agency has the ability to access federal and state records to find out where the missing parent lives or is employed. A custodial parent wishing to get this type of assistance is asked to provide as much information as possible, including:

  • Full Name
  • Last Known Address
  • Date of Birth
  • Social Security Number
  • A Photograph
  • Financial Information (bank records, insurance policies, pension plan statements).

 


Comments

Jannarama,

I see what you mean; if your husband gets paid once a week or every two weeks there is an extra pay twice a year. She is right that if your husband was ordered to pay $1500 per month, that is what she should be getting. You can try showing her a breakdown of how the payments are being calculated to see if that will help her to see that she is receiving the support payments she is entitled to.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband is ordered to pay child support and spousal maint. for his exwife (child support until 5/31/21 & spouse. maint. until 11/09.)

In previous job, he was getting paid every other week. In his new job, he gets paid every week. He's ordered to pay $1500 a month. Both employers took the total amount per year ($18,000) and divided it by the # of paydays per year, (currently, 52 paydays) and sent THAT amount to the clearing house, in this case $346.15.

By using this method of computing the amount deducted from his weekly paycheck, the total amount will NEVER be $1500 a month. It's either going to be $1384.60 (4 paydays a month), or $1730.35 (5 paydays a month).

The ex-wife insists my husband has to make up the difference if it doesn't equal $1500 a month.

Is it written anywhere about the calculation of division of payments so he can SHOW HER in writing that she's going to get a set amount each week according to the formula used to subtract the amount per payday?

Thanks

-- Contributed by: Jannarama

CJ,

Your child support obligations end when your daughter turns 18. You will likely need to file a petititon for termination of child support. If you can't afford a lawyer, you may want to look into applying for Legal Aid or seeing if a community legal clinic can help. Another option is to contact the Court Clerk's office where the support order was issued to find out where to get the petition and see if you can file it yourself.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond
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