A. If a person is ordered to pay child support and there is proof that the person has failed to comply with the order together with proof that the order was made and was filed and served on that person or proof that the person was present in court at the time the order was made, then the court may presume that the person is in contempt of court.

Terms Used In Arizona Laws 12-864.01

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

B. The respondent may affirmatively defend and prove that the respondent is unable to comply with the court order.

C. A person found in contempt of court pursuant to this section has the burden to prove by a preponderance of the evidence that the person is unable to purge the contempt order as prescribed by the court.

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