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Thread: bench warrant help

  1. #16
    mcy1115 is offline Junior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    If you have no job, you should have appeared and requested a modification. A judge would have possibly been lenient if you could document these issues. Now you also have warrant to deal with. My personal opinion is you should get to court and address the judge and warrant, before getting, then losing, a new job.
    Understand that i should have shown up at the hearing but i had no way of commuting 5 hrs to pittsburgh shouldn't the case be transferred?
  2. #17
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    Understand that i should have shown up at the hearing but i had no way of commuting 5 hrs to pittsburgh shouldn't the case be transferred?
    A bus. Until the case is transferred, that is where it is heard.
  3. #18
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    Would anyone know the specifics for allegheny county as to whether or not this is likely to be entered into the ncic database? My intentions are to resume paying my ordered amount I simply have no way of appearing in PA at this time.
    Where in Ohio do you live? Because there is bus transportation that will get you to Pittsburgh cheaply. And yes, it is possible you could be extradited. Especially if you are being criminally charged with non-support. Of course if Ohio decided, THEY could charge you with criminal nonsupport since you live here. You would then be arrested and spend time while waiting for trial on a F5. Which carries with it up to a year incarceration.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #19
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    Understand that i should have shown up at the hearing but i had no way of commuting 5 hrs to pittsburgh shouldn't the case be transferred?
    Nope. The court order is in PA.And transfer doesn't happen automatically. Have you contacted Ohio CSEA?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #20
    mcy1115 is offline Junior Member
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    So im basically screwed and am going to go to jail no matter what I do?
  6. #21
    CSO286 is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    Problem is that I dont have a caseworker assigned its who ever pulls the docket or answers the phone which it is notoriously difficult to get ahold of anyone in that office my last payment was in febuary and I had to borrow that from my father to pay it. I just got employed and had a wage attachment set up and then bang summons for contempt. Now Im going to lose this job as I need a clear background to maintain my insurance licenses.
    No, that is not the problem. Caseworkers make case notes. Each time I get off the phone with a client I note and summarize the call. My notes might look like this for someone who lost their job AND reported it:

    2/5/13-pc from ncp. Lost job at XYZ emp 2/1/13, laid off. Applied for unemployment. but not sure if he was there long enough to get it. Say we should see one more payment from them. He applied at A, B, and C, will call and let me know what's going on. CSO286

    2/20/13-pc from ncp, he started getting the unemployment. we should be getting partial payments from there. he knows it's not enough. Explained to him that I can't stop case from reporting arrears to credit bureau, but he isn't in danger of losing his license yet. ok, good. He interviewed at A and B, but didn't get the job, hasn't heard back from C yet, but tuned in apps at D and E as well. Will keep me posted. CSO286

    3/10/13-pc from ncp, he just got hired on full time at D, but at a much lower wage than he made at XYZ. Could we look at a possible mod? Sure. Ran the numbers with him, using what he believes the CP to be making. Looks like oblig would adjust down $200. Per his request, I will refer case to mod worker for further action. CSO286



    Now case notes from an NCP who doesn't keep in touch:
    2/5/2013-rcvd system info no pyt last month. phone call to ncp, no answer. Pc to ncp employer, ncp last date worked was 12/15/2012, they sent last pmt on 12/20/12. updated system. CSO286

    2/6/13-Letter to NCP re employment and pyt info. CSO286
    (same time, case gets referred to credit bureaus, and to IRS and State Dept of revenue for and tax refund intercepts)

    2/20/13-pc attempt to ncp, left message requesting callback. CSO286
    3/6/13- pre contempt letter to ncp about payments. CSO286
    (and its at this point that case get selected for driver's license suspension, Student grant hold and possibly passport denial)
    3/20/2013-pc to CP; looking for info on ncp any idea where he's working? nope, he still picks up the kids e/o weekend, doesn't say anything about job or anything. ok. CSO286
    4/6/13-drafted letter for county atty, letting ncp know that failure to contact CSED or respond would result in case referral to cty atty for contempt action. Signed this date by cty atty, mailed to ncp, copy in file. CSO286
    5/6/13-no response from ncp to cty atty letter. Pc attpt, no answer. no new hire info. Case referred to contempt worker for legal process.


    (And this is where find out NCP--except he's already been notified of the hearing and failed to appear at it. It is my guess he also failed to respond in any way to the court docs he got served.)
    Last edited by CSO286; 05-15-2013 at 02:56 PM.
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  7. #22
    CSO286 is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    Problem is that I dont have a caseworker assigned its who ever pulls the docket or answers the phone which it is notoriously difficult to get ahold of anyone in that office my last payment was in febuary and I had to borrow that from my father to pay it. I just got employed and had a wage attachment set up and then bang summons for contempt. Now Im going to lose this job as I need a clear background to maintain my insurance licenses.
    Back to my earlier questions: Did you call the CSEA when you first lost you job? Did you keep them informed of your job seeking activities? Did you file for unemployment?
    Did you respond to any of the notices you recieved about your case as it sunk further and further into non-payments?
    Did you respond when you were served the initial contempt docs?

    What proactive actions did you take on your case at all?

    Basic assumption about child support: If you don't keep in touch with your caseworker, you are hiding from your caseworker--nothing good can come of that.
    Last edited by CSO286; 05-15-2013 at 02:47 PM.
  8. #23
    CSO286 is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    So im basically screwed and am going to go to jail no matter what I do?
    That is not what you have been told.

    It's possible now--especially since you not only have not paid the support as ordered, but you failed to appear at the hearing to address WHY you have failed to pay support as ordered.

    However--IF YOU APPEAR in court, and are able to explain-and prove-that you are NOW employed, it is possible--only possible--that the court might stay a jail sentence so long as you pay your support and an add'l amount toward the arrears (past due amount).
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  9. #24
    single317dad is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    So im basically screwed and am going to go to jail no matter what I do?
    Nope. Plead your case to the court. Tell the judge that you have a job and wage attachment and will be paying support regularly from now on. Tell them you're REALLY sorry for wasting their time by not appearing. As I said in my initial reply, the judge will decide and that may not include jail time. Waiting and wasting more of the court's time is the worst course of action.
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  10. #25
    CSO286 is offline Senior Member
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    Quote Originally Posted by single317dad View Post
    Nope. Plead your case to the court. Tell the judge that you have a job and wage attachment and will be paying support regularly from now on. Tell them you're REALLY sorry for wasting their time by not appearing. As I said in my initial reply, the judge will decide and that may not include jail time. Waiting and wasting more of the court's time is the worst course of action.
    And, OP, realize this: Just becasue you are paying now doesn't excuse not paying, not contacting your caseworker or the agency, or not responding to notices, letter and served documents, including the notice of hearing. Nor does it excuse your failing to appear at that hearing.

    When you do go and turn yourself in, be soft spoken and clear and concise in your responses to the court. as Single317dad stated, plead you case. Don't make excuses, but apologize. Promise to maintain regular contact with CSEA and then DO IT.

    You might get off a bit easier that way.
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  11. #26
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by mcy1115 View Post
    So im basically screwed and am going to go to jail no matter what I do?
    By documenting all the issues and appearing in court, you are going to get a resolution. We can't decide how mad at you the judge will be. Be certain, if you do not fix this quick, the judge will definitely be mad at you. Once you are caught, he will likely throw the book at you.

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