Rule 91.2.Post-Judgment Petition to Enforce Spousal Maintenance or Child Support

Rule 91.2 is two short subsections covering enforcement of an order to pay spousal maintenance, child support, or other sums due under a support order.

The arrears calculation

Beyond complying with Rule 91, the petition must include a current summary calculation of arrears derived from support payment clearinghouse records -- or, if those are not available, a statement of all sums due.

The preference for clearinghouse records matters. Arizona routes most support payments through the Support Payment Clearinghouse, whose ledger is the neutral record of what was actually paid. Starting from it rather than from a party's own accounting removes the most common dispute in an enforcement proceeding before it starts.

Reimbursement claims

Where the applicant seeks reimbursement of medical, dental or vision costs, the petition must state all sums due after application of any applicable insurance coverage. The claim is for the uncovered balance, and the petition must show the netting rather than the gross charge.

Disclosure

A party must disclose relevant documents and information supporting the claim including proof of payments from all sources supporting the claim or any defense. The obligation is symmetrical: the applicant proves what was not paid, and the responding party proves what was -- and "from all sources" reaches payments made outside the clearinghouse, directly or through a third party, which is where most genuine disputes about arrears actually live.

Where contempt comes in

Enforcement under this rule and a contempt remedy are different requests. Rule 91(e) requires a petition seeking contempt to comply with Rule 92 as well, which brings the personal service requirement, the present-ability finding, and the purge provision.