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Enforcement

September 20, 2022 Cindy Best

Enforcement is the process of asking the Arizona family court to require a party to comply with an existing order. When someone is not following a court order such as not paying child support, not following the parenting plan, not transferring property as required by the decree enforcement is how the court is asked to step in.

Arizona family court has several enforcement tools. Contempt of court is the most commonly used. A party found in contempt can face sanctions, fines, attorney fee awards, and in serious cases jail. Income withholding orders can direct an employer to withhold support payments directly from wages. Judgment liens can be placed on property. Professional and driver’s licenses can be suspended for support arrears. Tax intercepts can redirect refunds to satisfy unpaid support.

Before filing an enforcement motion consider whether direct communication or a demand letter might resolve the issue more efficiently. Enforcement proceedings are expensive and time-consuming. They are also sometimes exactly the right tool when the other party is willfully ignoring a court order. The decision about when and how to pursue enforcement depends on the specific circumstances and what the client is trying to achieve.

Document every violation carefully before filing. Dates, amounts, specific provisions of the order that were violated, and any communications about the non-compliance all matter. A well-documented enforcement motion is far more effective than a general complaint that orders are not being followed.

 

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7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253