If you are having trouble getting the other parent of your children to pay their court ordered child support, you are not alone. Every year, thousands of people go back to court in Arizona seeking to get the judge or magistrate to force the parent obligated to pay child support to meet their obligation.
In some instances, the person actually has the money and is able to pay but is just unwilling to do so. This can make the matter more frustrating, especially if you are trying to provide for your children and are simply not able to do so because of the failure of the other parent to provide the assistance that will benefit the health and welfare of your children.
How to Get Your Child Support Money If The Other Parent Is Not Paying
If you or someone you know is in a situation similar to this, we recommend that you speak with a talented child support lawyer. You have legal options to receive this child support – such as a child support bank account garnishment – and working with someone who knows the ins-and-outs of child support laws in Arizona will help guarantee that you receive this money.
You Have Legal Options to Receive Child Support
If the other parent is refusing to pay child support, it does not mean there is no legal remedy. Arizona state law grants the court and the Arizona Department of Child Services a number of avenues they can use to help you get the money you are owed. The court and this agency recognize that this money is needed for the benefit of the children. Failure to get that money is putting the children at a disadvantage and the court deems this unacceptable.
One of the remedies available to the court is to actually assign jail or prison time the parent refusing to pay child support. While this may catch their attention, it is likely not the remedy you would choose. After all, you are not receiving any money if they are sitting behind bars.
In some instances, the court can take away a person’s driver’s license or their professional license for not paying child support. These may not be ideal options either, as a failure to have a driver’s license or their professional license can make it difficult for them to get to work, earn a wage, and pay the money they owe. That doesn’t really help the children either.
Going Straight to The Source
If you are really looking to get the money you are owed from past child support, your best option may be to petition the court to garnish the money inside the bank account of the parent that has not been providing their mandated support. By choosing this option, the court can actually send an order to the bank that freezes the account, and then transfers the money to the county clerk’s office where it is then given to you.
This is actually an extremely effective tool to use if you are having problems getting money from the other parent and you know that they actually have the money. They have been working, they are not starving or living on the street, and it is clear that they are earning money but simply refusing to pay.
A court order mandating that the money be garnished from the bank account is the most effective way to resolve your problem. It denies the other parent the ability to take any action to stop it. The bank account is closed, so they cannot use their ATM or credit card to spend money because it will be unavailable to them.
What You Should Do If You’re in This Situation
If you are finding yourself in a situation where the other parent owes you money from past child support, make sure you are getting proper documentation. Have your bank statements ready that prove the money has not been given to you and demonstrate that you have attempted to work with the other parent to get the money owed.
If you have had issues like this before and don’t want to have direct contact with the other parent, or if there is some issue that makes it unsafe for you to contact them, then you should seek the help of an attorney. An attorney can help you by not only contacting the other parent to seek payment, but they can also help represent you in the court system to ensure you are able to get the past amount of money owed.
Having an attorney can also help you best navigate the court system in matters like this. It can be very confusing and frustrating acting on your own, especially if the other parent has an attorney to represent them. This puts you at a clear disadvantage and can make your chances for success in getting your money back much more complicated.
How JacksonWhite Can Help
By coming to JacksonWhite, we can assist you in matters related to receiving money owed in arrears. When you set up a consultation with one of our attorneys, we can discuss the different possibilities available to you, and show you what steps you should take to receive your money. Our skilled family law attorneys have over 20 years of experience helping Arizona families and know exactly what steps you need to take so that you can receive the money you are owed without having to spend weeks or months battling through the court system.
Should you choose to retain us, we can help you with matters like garnishing from a bank account, appearing before a judge and seeking remedies using the court system to benefit you. We can turn the battle you’re having against those who refuse to pay you what you are owed and assist you in getting what you and your children need for their benefit.
Understand that it is not your obligation to bite the bullet and simply figure out a way to care for your children without the support they are to receive from the other parent. It is their obligation to pay and assist in the welfare and health of the children, and if they are refusing to do so you should know that you have ways to fight back.
Call the Family Law Team at (480) 467-4348 to discuss your case today.