Contempt of Court After Child Turns 18 for Unpaid Child Support

Tue 27th Dec, 2016 Arizona Child Support Laws

When a parent fails to pay court-ordered child support, Arizona law provides several legal remedies to enforce those obligations. One of the most effective enforcement tools available to the courts is civil contempt. While many parents understand that contempt may be used while a child is still a minor, an important legal question arises once the child reaches adulthood: Can an Arizona court still use contempt to enforce unpaid child support arrearages after the child turns 18?

The Arizona Supreme Court answered that question in the case of Tande v. Bongiovanni.

The Facts Behind Tande v. Bongiovanni

The parties married in Nevada in 1962 and had two children before divorcing in California in 1965. As part of the divorce decree, the father was ordered to pay child support of $75 per month for each child. Despite the court order, he made only a handful of payments.

Years later, the parents were living in different states. The mother resided in Virginia, while the father had moved to Arizona. In 1980, she initiated child support enforcement proceedings under the Uniform Reciprocal Enforcement of Support Act (URESA), with Arizona serving as the responding state. It is important to know that URESA has since been replaced in Arizona with the Uniform Interstate Family Support Act (UIFSA).

Following a hearing, the Arizona court determined the father had failed to make child support payments for approximately many years. The court ordered him to resume paying support for the parties’ remaining minor child but postponed deciding the amount of unpaid child support until the arrearages could be accurately calculated.

The father complied with the new monthly support order until the youngest child turned 18. However, the issue of the unpaid child support remained unresolved.

When the Pima County Attorney later sought to collect the past-due support through a wage assignment, the trial court dismissed the action. The court concluded that because the children had reached the age of majority, it no longer had jurisdiction under URESA to determine or enforce the unpaid child support owed for earlier years.

The mother appealed.

The Arizona Court of Appeals Recognized the Right to Pursue Child Support Arrearages

The Arizona Court of Appeals reversed the trial court’s decision. It held that Arizona courts retain authority to determine and enter judgments for child support arrearages even after the children are no longer minors.

However, the Court of Appeals also concluded that contempt of court was not an available enforcement remedy once the children reached adulthood.

That issue ultimately reached the Arizona Supreme Court.

Can Arizona Courts Use Contempt to Collect Child Support After a Child Turns 18?

The Arizona Supreme Court agreed that courts may determine child support arrearages even after a child reaches majority. The remaining question was whether civil contempt could still be used to enforce payment.

Earlier Arizona decisions had suggested that contempt was unavailable once a child became an adult. In particular, the Court of Appeals relied on State ex rel. Cordova v. Cordova, which had held that contempt could not be used to enforce child support arrearages after the child emancipates.

However, the Arizona Supreme Court carefully examined that reasoning and concluded the ruling in the Cordova case should not be control this case.

Why the Arizona Supreme Court Reached a Different Conclusion

The Court distinguished earlier cases involving contractual support obligations from cases involving court-ordered child support.

Unlike a contractual obligation between former spouses, court-ordered child support is a direct order of the court. A parent’s failure to comply is not simply a debt—it is a violation of a court order.

The Court also looked to the language of URESA, which expressly provided that all duties of support, including the duty to pay arrearages, are enforceable… including a proceeding for civil contempt.

This statutory language demonstrated the Legislature’s intent to allow contempt proceedings as a method of enforcing unpaid child support obligations.

The Court Adopted the Minority Rule

Courts across the country were divided on this issue.

The majority view held that contempt should no longer be available after a child reaches adulthood because the purpose of child support—to provide for a dependent child—has ended.

The minority view, however, focused on the parent’s failure to obey a court order. According to this approach, the violation of the court’s authority continues regardless of the child’s age.

The Arizona Supreme Court found the minority view more persuasive.

The Court reasoned that allowing an obligor parent to avoid contempt simply by delaying payment until the child became an adult would undermine the authority of Arizona courts and encourage noncompliance.

Protecting Parents Who Paid the Financial Burden Alone

The Court also recognized the practical consequences of eliminating contempt as an enforcement tool.

If contempt were unavailable after a child reached adulthood, the custodial parent might be limited to collecting against the non-paying parent’s property. In many cases, an obligor parent may have few or no assets available for collection, leaving the custodial parent without an effective remedy.

The Court noted that such a result unfairly shifts the financial responsibility for raising the child to the custodial parent—or, in some cases, to public assistance programs—instead of holding the responsible parent accountable.

By preserving contempt as an enforcement option, Arizona courts retain a meaningful tool to compel compliance with child support orders.

The Supreme Court’s Holding

The Arizona Supreme Court ultimately held that:

Arizona courts may determine child support arrearages even after the children have reached the age of majority.
Civil contempt remains an available enforcement remedy for unpaid child support that accrued while the child was a minor.
Earlier Arizona decisions limiting the use of contempt in these circumstances were distinguished to the extent they conflicted with the Arizona Supreme Court’s decision.

The case was returned to the trial court for further proceedings consistent with the Arizona Supreme Court’s ruling.

Why This Decision Still Matters Today

Although URESA has since been replaced by the Uniform Interest Family Support Act (UIFSA), the principles established in Tande v. Bongiovanni remain significant. Arizona courts continue to recognize that unpaid child support does not disappear simply because a child turns 18.

Parents who are owed substantial child support arrearages may still have powerful legal remedies available, including contempt proceedings in appropriate cases. Likewise, parents facing enforcement actions should understand the serious consequences that can result from failing to comply with court-ordered support obligations.

Need Help with Child Support Enforcement in Arizona?

Whether you are seeking to recover unpaid child support or defending against an enforcement action, understanding your rights and the remedies available under Arizona law is essential. The attorneys at Hildebrand Law, PC have extensive experience handling child support enforcement, contempt proceedings, and post-decree family law matters throughout Arizona.

If you have questions about child support arrearages or enforcement options, contact Hildebrand Law to discuss your situation and learn how Arizona law applies to your case. The attorneys at Hildebrand Law, PC. Our Arizona child support and family law attorneys have decades of combined experience successfully representing clients in child support and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child support or family law case around today.

Hildebrand Law, PC Voted Best Divorce Law Firm in Arizona in Arizona Foothills Magazine

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