Suspension of Driver’s License for Nonpayment

The Arizona Legislature has enacted legislation to suspend the driver’s license of a parent who owes child support upon satisfactory proof of a failure to pay child support.

This statute provides that after a court hearing, the court mayfind that the obligor has willfully failed to pay child support and that support is at least two months in arrears.

The courtcanthen send a certificate of non-compliance to the Arizona Department of Transportation to suspend the obligor’s driver’s license.

The court will then set a review hearing not more than 120 days after the issuance of the certificate of non-compliance. If the court finds that the obligor is in compliance with his or her child support order, the court will issue a certificate of compliance to the Department of Transportation, which allows the obligor to reapply for their license.

Child Support and Bankruptcy

The recent amendments to the United States Bankruptcy Code have made it more difficult for a non-custodial parent to avoid their obligation to pay child support.

The support obligation cannot be discharged. The parent entitled to support does not need to bring an action in Bankruptcy Court to ensure that the debt is not discharged.

Child support obligations are a priority under any distribution made by the bankruptcy trustee.

Any pre-filing payments of child support cannot be set aside by the trustee as a preferential payment.

A parent entitled to child support may proceed against the debtor without an order of the Bankruptcy Court if the matter is for paternity or the establishment, modification or collection of child support orders.

Child Support Arrearages

Under most circumstances, in order to enforce payment on a judgment, that judgment needs to be renewed every five years. However, renewal is unnecessary when it is a judgment for child support. Case law suggests that ten (10) years after the child reaches majority (age 18), the judgment for unpaid child support cannot be enforced unless a renewal has been filed with the Court.

The family law lawyers of PLATT AND WESTBY, P.C. have assisted hundreds of clients in establishing and collecting child support. We represent clients in collecting delinquent child support on a contingency fee basis. Contact our office to speak with an experienced Arizona child support attorney.