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When you come into my office, I’ll sit down with you and we’ll determine what needs to be done. Usually, it’s an enforcement issue and there are ways to enforce child support that have real teeth. Such as taking away licenses, such as contempt of court, such as jail time. It just depends on the circumstance but if the court thinks that the spouse is in contempt of court, they will set a purge amount and if the spouse doesn’t come up with money within a certain timeframe, they will be subject to a warrant for their arrest. Sometimes I’ve literally seen a sheriff come into the courtroom once they think they’re in contempt and they’ll say you go to jail until you can purge the amount. Let’s say it’s $10,000.00 and that person has to cough up $10,000.00 before they get out of jail. And in 30 days they’ll bring them back if they haven’t paid that $10,000.00. And they’ll say why haven’t you paid it and they’ll say something. The judge may lower it, the judge may not lower it, it depends on the facts and circumstances. But if father or mother that owes child support can afford a phone, they can afford their kids. IF they can afford certain things, they can afford their kids. And so, if they’re found in contempt the judge has little sympathy because duty to their children is utmost important.
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Mesa, AZ family law attorney Paul C. Riggs talks about what will happen to someone who is not paying child support when they were required to.