Legal Question in Family Law in Arizona

You cannot interfere with her parenting time regardless. We don't take away people's rights to see the children for non-payment because in the end it's a question of whether it hurts the kids. I would suggest you file a separate Petition to Enforce child support, which can be done through the expedited process, allowing for a fairly quick court date. Please give my office a call if you need assistance. We would be happy to assist.

Ronee

Typically, child support and visitation are NOT related. You cannot stop her access for failure to pay child support, and she cannot stop her child support for failure to get access. BUT, chiod support is the one debt in the US that you can got to jail for not paying. If you beleive she would NOT enjoy jail, then I would suggest you pursue her for contempt.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

You might want to hire an attorney in your county. No, you can't withhold visitation because child support is owed. The court considers the right to visitation and the duty to support as seperate.

Does she work? If you know where, you can get a wage assignment issued to her employer where the support will be automatically withheld. Also, I don't know the facts, but if supervised visitation has been successful for past 2 years maybe that could be changed and she'd have money to pay child support.

To get the child support paid you may have to file a Motion to Enforce with the court that entered the original child support order. You can also seek a Judgment for Arrears, file with the Recorders Office in the county where she lives so that it shows on her credit report.

You should also open a case with the Child Support Enforcement Office (it's free) see-https://www.azdes.gov/dcse. They will help you get child support payments

I don't know if you may qualify for assistance from Legal Aid--see http://www.azlawhelp.org/. Many people represent themselves. You can use the forms at the Maricopa County Self Help Center in any county in Arizona-see http://supreme.state.az.us/selfserv/. You can use the 3 forms to seek a waiver or deferral of filing fees.

I work in Cochise County and don't practice in the other Arizona counties.

Good Luck,

Jeanne Benda Whitney

Whitney Law Office

P.O. Box 2439

Sierra Vista, AZ 85636

(520) 507-2067

[email protected]