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What do I file after a IWO is no longer able to obtain child support.

Mesa, AZ |

I had an IWO stop recently which was established in Nov 2012, other than that there were only two payments last year, one because of an arrest warrant. And the child support enforcement hearing was in July of last year. I was wondering what I could file now that the IWO has stopped and I don't know where the respondent works.
Thanks in advance!

Attorney Answers 3

Posted

If I understand your question correctly, which I believe to be inquiring how to enforce a child support order, the answer will be found in your court orders. Sometimes the orders dictate certain remedies, such as a requirement for mediation between the parties prior to seeking court intervention. The answer also depends on whether you or child support case is a IV-D matter, which is a case that is managed by AZ DES. Under many circumstances, it is appropriate to pursue an order to show cause with a request for contempt and to enforce child support orders. All in all there are options available to obtain the child support ordered in your particular family case. To determine what option fits you particular situation currently, you will need to have a review of your child support order(s). Feel free to contact our office for a free consultation, and we can determine the exact answer pursuant your specific child support orders.

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Posted

There are a number of ways to proceed. If you have the employer information from the previous IWO you can submit an employer information request through A.R.S. 25-513. As part of that request the employer will send you current information and may provide information on where that individual is currently working. As counsel correctly pointed out in her answer, you should look to the order itself and see if there are any directives on how to get relief - through mediation or filing with the courts. Depending on how much child support is owed or how long he/she has failed to pay your case may be referred to accountability court. There are multiple options to enforce child support awards. Meeting with a Family Law attorney can provide guidance in this area. Depending on the circumstances, A.R.S. 25-324 provides for attorney's fee awards if a party acts unreasonably. Not complying with a court order, especially for family, support is generally considered unreasonable.

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Posted

I recommend filing an enforcement action for child support. Once that is initiated, you can file discovery requesting the other party's employment information, and can work on creating a new IWO that will garnish the wages. My recommendation would be that you obtain a free consultation from a family law attorney to review your case before taking action.

Good luck!

Judd S. Nemiro
Law Offices of Judd S. Nemiro, PLLC
602-343-1841

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