Arizona Revised Statutes

Ariz. Rev. Stat. § 12-864.01 (2026)

Proof of contempt of court

✓ current as of May 2026

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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.

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.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Marriage of Henderson v. Henderson, 390 P.3d 1226 (Ariz. Ct. App. 2017).

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Marriage of Henderson v. Henderson, 390 P.3d 1226 (Ariz. Ct. App. 2017). · cites it 2× “¶ 22 Under A.R.S. § 12-864.01(0), a person found in contempt has the burden of proving by a preponderance of the evidence that he is unable to purge the contempt as prescribed.”

— Ariz. Rev. Stat. § 12-864.01(0) — 1 case

Marriage of Henderson v. Henderson, 390 P.3d 1226 (Ariz. Ct. App. 2017). “¶ 22 Under A.R.S. § 12-864.01(0), a person found in contempt has the burden of proving by a preponderance of the evidence that he is unable to purge the contempt as prescribed.”

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