The Question:
Can I enforce a Kentucky Child Support Order in Arizona? We divorced in 2004. He didn’t pay child support after moving from Kentucky to Arizona.
RJ Says:
Yes, you can enforce your Kentucky child support order in Arizona—if he is located here and is collectible. The first step is to domesticate the Kentucky order in Arizona. Once domesticated, it is treated like an Arizona child support order, and you can move forward with enforcement.
Timing matters. If your youngest child emancipated more than ten years ago, the father may try to argue that you waited too long to collect. In Arizona, this is called the affirmative defense of laches. He has the burden to prove that your delay was unreasonable and that it prejudiced him in some way. If the court agrees, it may rule that some—or even all—of the unpaid child support is no longer collectible as of the date of that finding.
Time is of the essence. If you’re considering enforcement, the sooner you act, the better your chances of recovering what is owed.
A qualified and experienced family law attorney can help you take the right steps to domesticate and enforce the order. Our office offers free half-hour consultations, where we can review your case and create a plan. Call (602) 256-7575 to schedule your consultation today.