Enforcement & Contempt

If an ex-spouse isn't paying support or following the parenting plan, I can help.

Arizona Family Law Enforcement Overview

Arizona family courts have broad powers to enforce compliance with court orders through various mechanisms. When a party willfully violates a court order, the aggrieved party can seek enforcement through contempt proceedings, wage garnishment, license suspension, and other remedies.

Enforceable Family Law Orders:

• Child support orders: Payment obligations under A.R.S. § 25-501 et seq.
• Spousal maintenance: Alimony payment orders under A.R.S. § 25-319
• Custody orders: Legal decision-making under A.R.S. § 25-403
• Parenting time: Visitation schedules under A.R.S. § 25-403
• Property division: Asset transfers and debt payments

Enforcement Mechanisms:

• Contempt of court proceedings
• Wage garnishment and income withholding
• License suspension
• Tax refund interception
• Property liens and seizure
• Incarceration for willful non-compliance

Parenting Time and Visitation Enforcement

Enforcing parenting time orders requires different strategies than support enforcement:

Parenting Time Violations

• Denial of access: Refusing court-ordered parenting time
• Interference: Sabotaging relationship with other parent
• Late exchanges: Chronic tardiness or missed exchanges
• Failure to return child: Keeping child beyond allotted time
• Relocation without consent: Moving with child in violation of order

Enforcement Remedies

• Contempt proceedings: Most common remedy for parenting time violations
• Make-up parenting time: Additional time to compensate for missed visits
• Modification of custody: Change of custody based on pattern of denial
• Supervised visitation: Requiring supervision for interfering parent
• Attorney fees: Violating party pays legal costs
• Fines: Monetary penalties for violations

Documenting Violations

• Detailed records: Log of each violation with dates, times, circumstances
• Communications: Save texts, emails about denied parenting time
• Witnesses: Third-party witnesses to violations
• Police reports: Call police for serious violations
• Failed exchange attempts: Document attempts to pick up child

Self-Help Prohibited

• No withholding support: Cannot withhold child support due to parenting time denial
• No self-help remedies: Must use court process, not take matters into own hands
• No retaliatory denial: Cannot deny parenting time in retaliation

Spousal Maintenance Enforcement

Spousal support enforcement follows similar mechanisms to child support:

Enforcement Methods

• Income withholding: Wage garnishment for spousal support
• Contempt of court: Jail time for willful non-payment
• Property liens: Liens on real estate and personal property
• Bank levies: Seizure of bank accounts
• Judgment enforcement: Arrears become enforceable judgment
• Retirement account garnishment: Can garnish 401(k), IRA, pensions

Differences from Child Support Enforcement

• No license suspension: Cannot suspend licenses for spousal support only (A.R.S. § 25-518 applies only to child support)
• No passport denial: Federal passport denial program only applies to child support arrears
• No tax intercept: State/federal tax intercept unavailable for spousal support alone
• Modification affects enforcement: Easier to modify spousal support than child support
• Termination events: Remarriage or cohabitation may terminate obligation

Arrears and Interest

• Judgment for arrears: Past-due support becomes enforceable money judgment
• 10% per year interest: Interest accrues on unpaid spousal support arrears at 10% annual rate (A.R.S. § 25-510)
• No statute of limitations: Can enforce spousal support arrears indefinitely
• Renewal of judgment: Judgments can be renewed to extend enforcement period
• Survival after death: Arrears may survive payor's death and become debt of estate (depends on order language)

Property Division and Decree Enforcement

Enforcing property division and other divorce decree provisions requires specific strategies:

Enforceable Provisions

• Asset transfers: Transfer of real estate, vehicles, accounts
• Debt payments: Responsibility for specific debts
• Retirement division: QDRO implementation
• Refinancing obligations: Requirement to refinance mortgages
• Property sale: Required sale of marital property

Enforcement Mechanisms

• Contempt proceedings: For willful failure to comply
• Judgment liens: Lien on property for unpaid obligations
• Specific performance: Court orders specific action
• Writ of execution: Sheriff enforces transfer
• Receiver appointment: Third party appointed to complete transfer

Time Limitations

• Reasonable time: Must act within reasonable time to enforce
• Statute of limitations: Varies by type of obligation
• Laches defense: Delay may bar enforcement
• Changed circumstances: Significant time passage may affect remedy

Digital Asset & Cryptocurrency Enforcement

As cryptocurrency becomes a larger part of marital estates, hiding assets on the blockchain has become a common enforcement challenge.

• Wallet Tracing: Utilizing forensic experts to trace blockchain transactions and identify hidden wallets.
• Exchange Subpoenas: Serving subpoenas on major exchanges (Coinbase, Binance, etc.) to freeze accounts and seize assets.
• NFT Seizure: Court orders transferring ownership of non-fungible tokens.
• Key Disclosure: Judges can order parties to disclose private keys under threat of contempt/incarceration.
• "Constructive Trust": Imposing a trust on hidden digital assets for the benefit of the other spouse.

Defenses to Enforcement Actions

Parties accused of violating court orders have various defenses:

Common Defenses

• Inability to comply: Genuinely unable to comply with order
• Ambiguous order: Order unclear or subject to interpretation
• Lack of knowledge: Did not know of order or requirement
• Substantial compliance: Complied with spirit if not letter of order
• Other parent's conduct: Other party prevented compliance
• Emergency circumstances: Emergency justified non-compliance
• Order modified: Circumstances changed making compliance impossible

Inability to Pay Defense (Support)

• Job loss: Involuntary unemployment
• Reduced income: Significant income reduction beyond control
• Disability: Physical or mental inability to work
• Incarceration: Imprisonment prevents earning
• Medical expenses: Extraordinary medical costs

Parenting Time Defenses

• Child's illness: Child too sick for visit
• Safety concerns: Legitimate safety issues
• Other parent's unavailability: Other parent failed to exercise time
• Child's refusal: Older child refused to go (limited defense)
• Emergency: Legitimate emergency prevented compliance

Procedural Defenses

• Improper service: Not properly served with enforcement motion
• Lack of jurisdiction: Court lacked authority
• Statute of limitations: Claim brought too late
• Prior adjudication: Issue already decided

Enforcement Costs and Filing Fees

Understanding the costs of enforcement actions helps plan strategy and budget appropriately.

Maricopa County Filing Fees (As of December 28, 2024)

• Order to Show Cause (contempt): Approximately $105-110 filing fee
• Petition for enforcement: Similar fees to contempt filing
• 18% fee increase: Arizona courts increased fees 18% effective December 28, 2024
• Fee varies by action: Specific fees depend on type of enforcement sought

Fee Waivers and Deferrals

• Income-based waivers: Available if income below 150% of federal poverty guidelines
• Application required: File 'Application for Deferral or Waiver of Court Fees and Costs"
• Financial affidavit: Must provide detailed financial information
• Partial waivers: Court may grant partial fee waiver/deferral
• Deferral vs. waiver: Deferral delays payment; waiver eliminates fee entirely

Service of Process Costs

• Sheriff service: Approximately $50-75 per party served
• Private process server: $75-150 depending on difficulty
• Certified mail: Less expensive option for some cases ($10-15)
• Personal service required: Contempt usually requires personal service

Attorney Fees

• Simple enforcement: $3,500-$5,000
• Complex enforcement: Multi-state or complex cases $5,000-$15,000+
• DES alternative: DES services free (IV-D) or $25/year (non-IV-D)

Attorney Fee Awards in Enforcement

• Prevailing party fees: Court may order violating party to pay prevailing party's attorney fees
• Contempt sanctions: Attorney fees common sanction in contempt cases
• Factor in compliance: Threat of paying other side's fees motivates compliance
• Not automatic: Must request attorney fees and prove reasonableness

Other Enforcement Costs

• Wage garnishment setup: Minimal ($25-50 administrative fee)
• Bank levy costs: Sheriff fees for executing levy ($50-100)
• Property lien recording: County recorder fees ($30-50)
• Private investigator: If need to locate party or assets ($500-$2,000+)
• Forensic accountant: Complex financial cases ($2,000-$10,000+)

Cost-Benefit Analysis

Consider whether enforcement action is economically worthwhile:

• Amount owed: Compare cost of enforcement to arrears amount
• Collectibility: Consider whether obligor has assets/income to collect
• DES option: DES services may be more cost-effective for straightforward cases
• Long-term vs. short-term: Sometimes worth upfront cost for long-term compliance
• Parenting time enforcement: Often pursue despite costs when child's relationship at stake

Relevant Statutes: Maricopa County Superior Court Fee Schedule, A.R.S. § 12-302

Prevention and Compliance Strategies

Preventing enforcement actions through proactive compliance:

Support Payment Strategies

• Automatic payments: Set up automatic bank transfers
• Income withholding: Don't fight wage garnishment
• Document payments: Keep records of all payments
• Pay through state: Use official payment channels
• Modify promptly: File for modification when circumstances change

Parenting Time Compliance

• Clear communication: Confirm schedules in writing
• Calendar system: Use shared online calendar
• Buffer time: Arrive early for exchanges
• Flexible attitude: Work cooperatively on schedule conflicts
• Document compliance: Keep records of exercised time

Property Division Compliance

• Timely transfers: Complete transfers promptly
• Professional help: Use attorneys, accountants for complex transfers
• Written confirmation: Get receipts and confirmations
• QDRO preparation: Prepare QDROs immediately after divorce

Emergency Enforcement Actions

Some enforcement situations require immediate court intervention:

When Emergency Relief is Available

• Custodial interference: Parent taken or hidden child
• Imminent relocation: Parent about to move without permission
• Asset dissipation: Spouse transferring or hiding assets
• Safety concerns: Child's safety at immediate risk
• Documentation destruction: Party destroying financial records

Emergency Motion Procedures

• Ex parte motion: Request immediate relief without other party present
• Telephonic hearing: Judge may conduct phone hearing for urgent matters
• Temporary restraining order: Immediate order preventing harmful action
• Body attachment: Warrant for arrest of contemnor in extreme cases
• Asset freeze: Order freezing bank accounts pending hearing

Requirements for Emergency Relief

• Imminent harm: Must show immediate risk of irreparable harm
• No adequate remedy: Regular court process too slow to prevent harm
• Specific facts: Declaration with specific factual allegations
• Proposed order: Draft order for judge's consideration
• Good faith effort: Usually must show attempt to notify other party

Follow-Up Hearing

• Prompt scheduling: Full hearing scheduled promptly after emergency order
• Both parties heard: Other party has opportunity to respond
• Continuation or dissolution: Court decides whether emergency order continues
• Bond may be required: Security to compensate other party if wrongly restrained

Maricopa County Enforcement Procedures

Maricopa County Superior Court handles enforcement cases through its Family Court division:

Filing an Enforcement Action

• File petition or motion: Petition for Order to Show Cause or motion for enforcement
• Include violations: Specifically describe each violation with dates
• Attach documentation: Payment records, communications, calendar of missed visits
• Proposed order: Include proposed order with requested relief
• Filing fee: Pay applicable filing fee or request waiver

Service of Process

• Personal service required: Most enforcement actions require personal service
• Sheriff or process server: Use Maricopa County Sheriff or private process server
• Proof of service: File affidavit of service with court
• Alternative service: May request court permission for alternative service if party avoiding

Court Hearing

• Initial return date: Other party must appear by specific date
• Evidentiary hearing: Full hearing if matter not resolved
• Testimony and evidence: Both parties present evidence
• Court's ruling: Judge issues findings and order

Filing Locations

• Central Court Building: 201 W. Jefferson Street, Phoenix, AZ 85003
• Southeast Facility (Mesa): 222 E. Javelina Avenue, Mesa, AZ 85210
• Northeast Facility: 14264 N. 87th Street, Scottsdale, AZ 85260
• Northwest Facility: 14440 W. Tierra Buena Lane, Surprise, AZ 85374

Self-Help Resources for Enforcement

Resources available for parties seeking enforcement without attorney:

Court Self-Service Center

• Form assistance: Help completing enforcement forms
• Procedural guidance: Explanation of court procedures
• Document review: Review documents for completeness (not legal advice)
• Filing assistance: Help filing documents with clerk

ezCourtForms

• Online forms: Interactive system for completing family law forms
• Guided questions: System asks questions and fills in forms
• Free service: No cost for using the system
• Website: ezcourt.az.gov

Law Library Resources

• Maricopa County Law Library: Free legal research resources
• Arizona Judicial Branch: azcourts.gov for forms and information
• Arizona State Bar: Lawyer referral service for consultations
• Community Legal Services: Free legal help for qualifying individuals

When to Hire an Attorney for Enforcement

While self-representation is possible, certain situations warrant attorney involvement:

Hire an Attorney When

• Large arrears: Significant amounts at stake (over $10,000)
• Complex issues: Interstate enforcement, hidden assets, business income
• Custody involved: Enforcement tied to custody modification
• Criminal contempt: Facing jail time for contempt
• Other side has attorney: Opposing party represented by counsel
• Appeals involved: Complex procedural issues or appeals

Self-Representation May Work When

• Simple contempt: Clear violation of straightforward order
• Good documentation: Have clear evidence of violations
• Small amounts: Minor support arrears
• Uncontested: Other party admits violation
• DES handling: DES Child Support Services managing enforcement

Common Enforcement Mistakes to Avoid

Understanding common errors helps parties navigate enforcement more effectively:

Mistakes by Parties Seeking Enforcement

• Waiting too long: Allowing violations to accumulate instead of acting promptly
• Poor documentation: Not keeping records of violations
• Emotional approach: Filing enforcement based on anger rather than strategy
• Wrong remedy: Seeking criminal contempt when civil contempt is more appropriate
• Incomplete petitions: Filing without sufficient evidence of violations
• Self-help: Taking matters into own hands instead of using court process

Mistakes by Parties Facing Enforcement

• Ignoring violations: Hoping problem goes away instead of addressing it
• No modification: Continuing to violate instead of seeking modification
• Missing deadlines: Failing to respond to enforcement petitions
• No attorney: Facing criminal contempt without legal representation
• Incomplete compliance: Partial payment or compliance not sufficient
• No documentation: Failing to document own compliance efforts

Mistakes by Both Parties

• Using children: Involving children in enforcement disputes
• Social media: Posting about case on social media
• Informal agreements: Making agreements without court documentation
• Communication breakdown: Refusing to communicate about compliance

Timeline for Enforcement Actions

Understanding typical timelines helps set realistic expectations:

Support Enforcement Timeline

• Income withholding: 2-4 weeks to establish with employer
• Contempt filing to hearing: 4-8 weeks typically
• License suspension: 30-day notice period before suspension
• Tax refund intercept: Applied during tax filing season
• Passport denial: 2-4 weeks after DES certification

Parenting Time Enforcement Timeline

• Contempt filing to hearing: 4-8 weeks typically
• Emergency motion: 1-5 days for emergency hearing
• Make-up time: Ordered at hearing or soon after
• Custody modification: 3-6 months for full custody change

Factors Affecting Timeline

• Court calendar: Maricopa County court schedules vary by facility
• Complexity: Complex cases take longer to resolve
• Service of process: Difficulty serving other party delays proceedings
• Settlement potential: Cases may resolve faster through negotiation
• Appeals: Appeals extend timeline significantly (12-18 months)