Child Support

questions & answers

Question: Does someone who is in jail for not paying child support receive any credit toward his child support for each day he/she is incarcerated? The pastor from my church told me he believes it to be $100/day

Answer:

Title 25 of the Arizona Revised Statutes states this about the procedures for the release of a child support violator:

25-638 Procedures for Arrest; payment for release from custody

A. When a person who is arrested pursuant to a child support arrest warrant is brought before the court, the judicial officer shall advise the arrested person of the nature of the proceedings and shall set a date for the next court appearance. The arrested person may be released from custody pending the hearing if the arrested person pays the amount set by the court pursuant to section 25-681 or a larger amount as the court determines. The court shall not reduce the amount ordered to be paid. The arrested person shall not be released from custody without paying the amount unless the court finds in writing or on the record that a compelling reason exists to release the arrested person. Monies received pursuant to this subsection shall be deposited and credited pursuant to section 25-502, subsection I.

B. If the arrested person pays the full amount set forth in the warrant before the arrested person is brought before a judicial officer, the arrested person may be released after receiving a notice to appear in the superior court in the county in which the warrant was issued pursuant to the procedure prescribed in section 25-682, subsection E. If the arrested person fails to appear as directed, a child support arrest warrant may be issued.

C. The arresting agency shall forward all amounts that are paid by the arrested person for release pursuant to this subsection to the clerk of the superior court in the county in which the warrant was issued or the support payment clearinghouse for deposit and credit pursuant to section 25-502, subsection I.

 

For more information please visit the Arizona Department of Economic Security's website under the Child Support Enforcement section.