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What to Do If Your Spouse Is Falling Behind on Child Support in Arizona - And How Mediation Can Help

  • Writer: Kaila Thornton
    Kaila Thornton
  • 14 minutes ago
  • 3 min read

What to do if your spouse is falling behind on child support - Couples Solutions Center

When your spouse starts falling behind on child support payments, it can feel overwhelming—both emotionally and financially. In Arizona, child support is a legal obligation, and there are systems in place to enforce it. But sometimes, going straight to court isn't the only—or even the best—first step. In many cases, mediation can help resolve child support issues more effectively and peacefully, especially when you work with professionals who understand the sensitive nature of family conflict, like our team at Couples Solutions Center.


1. Start with a Conversation—If Possible

Before turning to formal legal processes, consider initiating a calm and respectful conversation with your co-parent. Life changes like job loss, illness, or unexpected expenses can impact someone’s ability to pay. An open dialogue can sometimes lead to a temporary agreement or plan to catch up on missed payments.


But if tensions are high, or conversations aren’t productive, you don’t have to navigate it alone.


2. Try Mediation 

At Couples Solutions Center, we specialize in family mediation, including child support-related concerns. Mediation provides a neutral space for both parties to express their needs, understand each other’s positions, and work toward a fair solution without the stress and cost of court.

Here’s how mediation can help in child support cases:


  • Clarify misunderstandings about payment responsibilities or timing.

  • Create a modified payment plan if circumstances have changed.

  • Avoid or reduce legal conflict, especially important for co-parents who want to maintain a functional relationship for their children’s sake.

  • Develop long-term communication tools to prevent future conflict.


Our mediators are trained in Arizona family law and help keep the conversation focused, respectful, and legally grounded. Plus, any agreements you reach can be filed with the court to become legally binding.


3. Document Missed Payments

Whether or not you pursue mediation, it's important to keep track of any missed, partial, or inconsistent payments. This documentation can be used in mediation or, if necessary, in court proceedings.


4. Utilize the Arizona Division of Child Support Services (DCSS)

If your spouse continues to fall behind and is uncooperative, you can contact DCSS to help enforce the order. They can:


  • Garnish wages

  • Intercept tax refunds

  • Suspend licenses

  • Report to credit agencies

  • Take legal action, including contempt of court proceedings


DCSS offers enforcement services free of charge and can be reached via https://des.az.gov/dcss.


5. File a Petition for Contempt—If Needed

If the situation escalates, you may need to file a Petition for Contempt through the family court system. This is a formal legal route that can lead to fines or even jail time for the non-paying parent. However, this is often a last resort and one that mediation can help you avoid.


6. Consider Modifying the Support Order

If your co-parent is genuinely unable to pay the current support amount due to a change in circumstances, they can file to modify the order. Through mediation at Couples Solutions Center, both parents can discuss potential modifications in a way that’s fair and child-focused, often with less conflict than a courtroom battle.


Whether you resolve child support concerns through court, DCSS, or mediation, the goal is the same: ensuring your child’s needs are met. Mediation provides a compassionate, solution-focused option that can protect co-parenting relationships and reduce long-term conflict.


If you’re facing this issue and don’t know where to turn, Couples Solutions Center is here to support you. Contact us today to learn how mediation can help you move forward.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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