Is criminal child support enforcement the same as the child support enforcement services provided by the Child Support Division of the Gila County Attorney’s Office?
No. The Child Support Division of the Gila County Attorney’s Office employs civil and administrative remedies in order to enforce civil child support orders. These remedies include wage assignments, state and federal tax intercepts, lottery intercepts, bank account seizures, civil contempt proceedings, and credit bureau reporting among others. What all of these remedies have in common is that they are all non-criminal. In other words, although they can have severe financial consequences and even sometimes leave someone who is ordered to pay child support in jail for a period because they have refused to pay child support, none of them can result in the person paying support being convicted of a crime. On the other hand, the criminal charge of non-support can result in the person not supporting his or her child being convicted of a felony, sentenced to prison or probation, and losing the right to vote or possess firearms.

Is there any advantage to having my ex-spouse on probation instead of having him sent to prison?
Yes, if he is sent to prison, you will probably only receive token amounts of child support while he is incarcerated (a couple of dollars per month at most). Then, when he is released from prison he will spend a brief period on community supervision (parole) and then be released to the general population under no one’s supervision. If he is placed on probation, he will be under the supervision of the Superior Court’s Probation Department usually for a period of three years. During this time he will be required to work and pay child
support. If he does not pay child support, his probation can be revoked and he could then be sentenced to prison anyway. Therefore, you are more likely to receive child support payments from him now and in the future if he is placed on probation.

What is criminal child support enforcement?
In Arizona, “any parent of a minor child who knowingly fails to furnish reasonable support for the parent's child is guilty of a class 6 felony.” A.R.S. §25-511.

How does the Gila County Attorney’s Office decide when to charge someone with criminal nonsupport?
The Child Support Division of the Gila County Attorney’s Office always attempts to enforce child support obligations civilly or administratively first. Unfortunately, there are some parents who, in spite of the best efforts of the Child Support Division, still won’t comply with their child support obligations. Many of these parents are referred to a criminal prosecutor in the County Attorney’s Office. The criminal prosecutor reviews the case to determine whether criminal charges are warranted.

If criminal non-support charges are brought against the person who owes me money, can the Child Support Division still enforce my case civilly or administratively?
Yes. The County attorney is authorized to use “all civil and criminal remedies provided by law” to enforce child support. A.R.S. § 25-509. Therefore, the Child Support Division can employ its civil and administrative remedies at the same time a criminal prosecutor is prosecuting the same individual for criminal non-support. Because of this, non-custodial parents who have questions relating to civil or administrative enforcement should call the Child Support Division (928) 425-4464 or 1-800-717-2629) while questions involving plea
agreements, sentencing recommendations or criminal restitution should be directed to the County Attorney’s Victim Coordinator at (928) 425-4120.

If the criminal indictment does not cover the entire period for which the non-custodial parent owes me support, does he still have to pay me for the periods not covered?
Yes. Remember the criminal and civil procedures are separate. Any child support arrearage that is civilly enforceable is still civilly enforceable even if it is not covered in a criminal non-support charge. The fact that a period is not covered in the criminal indictment only means that the State is not seeking criminal punishment for that period. It does not mean that support owed during that period is not enforceable.

I just received a copy of an indictment alleging that the person who owes me child support has committed criminal non-support but the dates in the indictment are not the same as the dates he owes me support for. Why?
Keeping in mind that criminal and civil enforcement of support are separate, there are many reasons why the dates on the indictment may not match the entire period for which child support is due. First, there is a seven year statute of limitations in this kind of criminal action so a non-support indictment will not normally go back more than seven years. On the other hand, in a civil child support case, once a child support arrearage is reduced to a written civil judgment, there is no statute of limitations. Second, the criminal non-support statute only makes it a crime to fail to provide reasonable support. It is possible in some cases that it could be reasonable for a parent to only make partial payments. In most cases, juries decide what reasonable payments are. Many of the worst offenders of the criminal non-support statute have on occasion made some payments of child support. These periods of partial payments are often left out of the criminal indictment. Finally, if the non-custodial parent was incarcerated or injured for a period, these periods are usually omitted
from the indictment.

Am I allowed to make a statement to the Court when my ex-spouse is sentenced for criminal nonsupport?
Yes, as a crime victim you are entitled to make a statement to the Court at the time of sentencing although you are not required to do so. You may also send the judge a letter at sentencing if you desire.

The amount of child support my ex-spouse owes me is greater than the amount of criminal restitutionhe will have to pay in the plea agreement. Why?
Criminal restitution is required to reimburse victims of crimes for their financial losses as result of crime. In criminal non-support cases, restitution will be ordered for the child support not paid during the period covered in the criminal charge. The period covered in the criminal charge will often be a period shorter than the period the non-custodial parent owes support for. Therefore, the criminal restitution will also often be less than the total child support owed. Also, accrued interest on child support arrearages is not included in criminal
restitution while it is included in the civil child support case. No amount of civil child support arrearages not covered in the criminal restitution is forgiven. It is still due and enforceable in civil court.

I just received a copy of a plea agreement that was offered to my ex-spouse. The agreement stipulates that if my ex-spouse will plead guilty to non-support of one of our children, the non-support charges for our other children will be dismissed. Why?
Most criminal cases are resolved by plea agreements that allow a criminal defendant to admit guilt to a charge in exchange for dismissal of other charges or agreed upon punishment or both. Criminal non-support cases are no different. In most criminal non-support cases, the State’s primary objective is to get the non-custodial parent under the supervision of the Superior Court’s Probation Department. That can be accomplished whether a non-custodial parent pleads guilty to one or one hundred counts of criminal non-support.

The plea agreement my ex-spouse was offered does not require him to go to prison. Why?
Criminal non-support is a class 6 felony, the least severe level of felonies in Arizona. Most people who are convicted of class 6 felonies for the first time are placed on probation and are not sent to prison. This is true as well in criminal non-support cases.

If I received public assistance and my ex-spouse pays criminal restitution as part of his criminal nonsupport probation, will the government keep some of the restitution?
Maybe. Criminal restitution in criminal non-support cases is paid to the child support clearinghouse in Phoenix and is applied as any other child support payment would be applied. If some of the child support arrearages in the civil case are assigned to the state because you have received public assistance in the past, then some of the money paid as restitution may go to the government to reimburse the costs of public assistance that you already received. If you have questions regarding precisely how a payment will be or has been distributed, please contact the Child Support Division at (928) 425-4464 or 1-(800) 717-2629.

If the charges for the other children are dropped, does my ex-spouse still have to pay child support for them?
Yes. Remember the criminal and civil procedures are separate. If the non-custodial parent was obligated to pay child support in civil court before criminal non-support charges were dropped, he is still obligated to pay support for those children after non-support charges are dropped. The fact that the charges are dropped only means he will not be criminally punished for his non-support of those specific children. It in no way forgives his obligation to support those children.