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DCSS-POL-06-6.3 v.3
- OVERVIEW
- The purpose of this policy is to provide staff and members of the public a working knowledge of the contempt referral process for support payors (SPs) who are delinquent in child support payments.
- APPLICABILITY
- This policy applies to all Arizona IV-D program staff performing title IV-D services.
- POLICY
- The Division of Child Support Services (DCSS) refers cases to the Attorney General’s Office (AGO) for contempt proceedings when the SP has failed to meet the payment requirements of an established order for child support and the DCSS has screened the case and determined that the SP may have the ability to pay.
- CRITERIA
- All cases referred for contempt shall:
- The case must be open with a valid child support order.
- Demonstrate the SP has knowledge of the child support order.
- Demonstrate that the SP has a history of non-compliance..
- Be screened for ability to pay.
If all criteria are not met, the case is not eligible for contempt referral.
- PROCEDURE
- This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions.
- AUTHORITY
| Federal Authority | |
|---|---|
| 45 C.F.R. § 303.6 | Enforcement of support obligations |
| 11 U.S.C. 362(a)(1) | Automatic Stay |
| 42 U.S.C. § 666(a)(15) | Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement |
| State Authority | |
|---|---|
| A.R.S. § 12-864.01 | Proof of contempt of court |
| A.R.S. § 12-865 | One year limitation on contempt proceeding no bar to criminal prosecution |
| A.R.S. § 25-320 | Child support; factors; methods of payment; additional enforcement provisions; definitions |
| A.R.S. § 25-502 | Jurisdiction, venue and procedure; additional enforcement provisions |
| A.R.S. § 25-809 | Judgment |
| A.R.S. § 25-511 | Failure of parent to provide for child; classification |
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