How Does Severe Mental Illness Affect Child Support

My question involves child support in the State of: Arizona

Hello everyone,
3 years ago my dad was given SMI status in AZ. SMI stands for Serious Mental Illness. Even before he was given this status through AHCCCS he was unable to work. Because he's been unable to work, he has been unable to pay his court ordered child support since his divorce. Does anyone know what type of protection, if any, his SMI status gives him in terms of paying child support? Though he has SMI status, he does not have SSI status.

According to Southern Arizona Mental Health Services, the CPSA Member Handbook defines Serious Mental Illness (SMI) as follows: A condition of persons who are eighteen years of age or older and who, as a result of a mental disorder as defined in A.R.S. § 36-501, exhibit emotional or behavioral functioning which is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. In these persons mental disability is severe and persistent, resulting in a long-term limitation of their functional capacities for primary activities of daily living such as interpersonal relationships, homemaking, self-care, employment and recreation.

Thanks

We're not in a position to speak to his competence. If he has been legally incompetent for a matter of years, he (or if he remains incompetent, his guardian) may be able to convince a court to revisit his child support arrears despite the untimeliness of his motion based upon his inability to understand his rights or act to protect himself in court.