Enforcement of Spousal Support – Arizona Remedies

After reaping the effective services of a local Arizona spousal support attorney, you hold in hand a legitimate spousal maintenance order. But what happens when the passage of time renders the power of the order null and worthless. Monthly payments fail to arrive on time. Occasionally the funds fail to show up at all. Contacting the Arizona Division of Child Support (DCSS) offers no help. Unless a child support order is included in the spousal maintenance settlement, the DCSS has no authority to enforce spousal support. You are on your own.

Alimony Defined

Whether terming the process alimony, spousal maintenance or spousal support, the process and concept is one and the same. A breakup in the marriage results in one former spouse receiving an award of financial support from the other former spouse. Unlike child support, spousal support is not factored based upon any specific formula. Not every dissolution of marriage results in alimony. Factors included in determination of equitable spousal support include:

  • Age of the respective former spouses
  • Debt responsibility and allocation
  • Division of existing property
  • Earning capacity of each party
  • Health conditions of both members of the former marriage
  • Life span of the marriage
  • Parental concerns
  • Standard of living as previously enjoyed by the couple
  • Tax status of both parties
  • AND More.

Methods Used In The Enforcement of Spousal Support Compliance

  • Interception of lottery winnings, unemployment benefits, tax refunds, and workers compensation
  • Suspension of various necessary life-tools such as drivers license, professional license and recreational license
  • Liens on property both personal and real, including motor vehicles
  • Seizure of assets such as bank and stock
  • Disruption of credit rating by reporting to the bureau
  • AND Court action.

Cautious Approach To The Enforcement of Spousal Support

Taking action that results in a non-paying former spouse doing jail time can result in the person who holds the receiving end of the spousal maintenance order to suffering even more immediate shortages in the influx of necessary living cash. So move with purpose but caution. Before taking steps that could lead to a contempt conference / hearing, consult an attorney. Your options may exceed your expectations. Retain a family lawyer to represent you in court. It is the most prosperous approach to the enforcement of spousal support.

Source: https://des.az.gov/content/arizona-child-support-myth-vs-fact-faq