Felony warrant for non-payment of support, live in FL, case in MI

[AohnJbel]

What is the name of your state (only U.S. law)? Florida but my case is in Michigan.
I took a dive off of the planet about 6 years ago in which I stopped paying my child support, stopped working, lived as a loser-bum and basically haven't done anything good or right, up until a few months ago when after living with my sister for a few months, getting clean and developing a genuine desire to come back to the world and do the right thing, I also was very lucky and found a great job that I probably don't deserve. But anyway, I contacted the CS people in MI a few weeks ago just to update the situation (I also have a pending disability case) but this is the 1st time in 3 or 4 years that I contacted them....all my fault, I know. A couple weeks later, I am told that the local sheriffs came to arrest me at work and extradite me to Michigan. I wasn't there at the time. I called the prosecutor's office there and they said there is nothing that can be done besides turning myself in. I would think (and I don't often do that) that they'd be willing to work out a payment plan, because if they arrest me, I probably won't be able to pay for a long time whereas, if not, I will start paying right away (that's why I contacted them). I know it's probably a long shot of getting anything done without actually going to Michigan and turning myself in, but I am just looking for suggestions. I don't have a car or any assets to sell. I just have the weekly pay that I have been making. So I can't afford an attorney and I wouldn't be able to post a bond when I got there, if I go. Am I absolutely screwed here, or is there anything that might get the warrant recalled in lieu of a hearing to make a payment arrangement? Thanks in advance for any advise And before you all attack me for being a deadbeat, I know...I am a piece of ****. I cared more about myself my entire life than about anyone else, until the last year or so. I didn't find God or any **** like that, I found that all the things I used to think were important like money and stuff, are bull****. I have reconnected with my daughter, who turns 18 next month and I have spoken to her every day for the last several months. I am more worried about losing her than my job. I am just trying to think logically and it plainly doesn't make sense to arrest and jail me, for not paying, when that will cause me to KEEP not paying, and I was looking to (finally) do the right thing and start paying again. Being homeless and poor has wrecked my health, I am diabetic and have other issues too, and I am also finally able to see a doctor regularly. I would think that letting me start paying immediately would be better than taking away my ability to pay, cost the state a lot of medical expenses to jail and keep me, and risk that I'll come back and not be able to regain employment again....does that make sense?

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida but my case is in Michigan.
I took a dive off of the planet about 6 years ago in which I stopped paying my child support, stopped working, lived as a loser-bum and basically haven't done anything good or right, up until a few months ago when after living with my sister for a few months, getting clean and developing a genuine desire to come back to the world and do the right thing, I also was very lucky and found a great job that I probably don't deserve. But anyway, I contacted the CS people in MI a few weeks ago just to update the situation (I also have a pending disability case) but this is the 1st time in 3 or 4 years that I contacted them....all my fault, I know. A couple weeks later, I am told that the local sheriffs came to arrest me at work and extradite me to Michigan. I wasn't there at the time. I called the prosecutor's office there and they said there is nothing that can be done besides turning myself in. I would think (and I don't often do that) that they'd be willing to work out a payment plan, because if they arrest me, I probably won't be able to pay for a long time whereas, if not, I will start paying right away (that's why I contacted them). I know it's probably a long shot of getting anything done without actually going to Michigan and turning myself in, but I am just looking for suggestions. I don't have a car or any assets to sell. I just have the weekly pay that I have been making. So I can't afford an attorney and I wouldn't be able to post a bond when I got there, if I go. Am I absolutely screwed here, or is there anything that might get the warrant recalled in lieu of a hearing to make a payment arrangement? Thanks in advance for any advise

Call them and ask. If you still have the decent job give them your employer's information so that they can start an immediate wage garnishment.

 

[AohnJbel]

Call them and ask. If you still have the decent job give them your employer's information so that they can start an immediate wage garnishment.

I called and the prosecutor said I only have 2 choices, turn myself in, or get caught here and get extradited. I get paid cash, so getting garnishment isn't really possible. PLUS, I haven't been back to work in 3 days, cuz that's where they came looking for me. My boss is cool with me being gone a few days while I try to handle this, but he's already out of his mind without me there so he'll get someone else if I take much more time.

 

[justalayman]

Being paid cash does not preclude them from garnishing your wages. Being paid "under the table" (illegally as is they do not withhold taxes and such) means they have no reason to give you any benefit of the doubt that you have changed your ways.


The basic answer to your question is: yes, you are screwed

 

[AohnJbel]

Being paid cash does not preclude them from garnishing your wages. Being paid "under the table" (illegally as is they do not withhold taxes and such) means they have no reason to give you any benefit of the doubt that you have changed your ways.


The basic answer to your question is: yes, you are screwed

Hold on now, it's not illegally, I get a 1099....it's an outside sales job. I guess my boss would have to take it out of my check if need be. Still, I was told that wouldn't get the warrant recalled in which case I have no job anyway, so....

 

[LdiJ]

Hold on now, it's not illegally, I get a 1099....it's an outside sales job. I guess my boss would have to take it out of my check if need be. Still, I was told that wouldn't get the warrant recalled in which case I have no job anyway, so....

Then its not "under the table". "Under the table" is when the money is not being reported in any way at all, making it illegal. You are an independent contractor doing outside sales. Florida law allows for 1099 income to be garnished.

All I can say is that MI must want you REALLY badly because generally they will not extradite over child support. You must owe a heck of a lot.

 

[justalayman]

Hold on now, it's not illegally, I get a 1099....it's an outside sales job. I guess my boss would have to take it out of my check if need be. Still, I was told that wouldn't get the warrant recalled in which case I have no job anyway, so....

I didn't say you were working illegally. I gave a legal and illegal possibility. I had no idea which it is.


But why are you listed as an independent contractor for what is likely an employee position?

 

[justalayman]

Hold on now, it's not illegally, I get a 1099....it's an outside sales job. I guess my boss would have to take it out of my check if need be. Still, I was told that wouldn't get the warrant recalled in which case I have no job anyway, so....

I was not addressing the issue of whether it would allow for a recall of the warrsnt. I was simply addressing your claim garnishment was not possible. Being paid cash, either as an employee or an IC does not preclude garnishment as you implied.

 

[Proserpina]

Hold on now, it's not illegally, I get a 1099....it's an outside sales job. I guess my boss would have to take it out of my check if need be. Still, I was told that wouldn't get the warrant recalled in which case I have no job anyway, so....

Come on, John - how much do you actually owe?

 

[AohnJbel]

Then its not "under the table". "Under the table" is when the money is not being reported in any way at all, making it illegal. You are an independent contractor doing outside sales. Florida law allows for 1099 income to be garnished.

All I can say is that MI must want you REALLY badly because generally they will not extradite over child support. You must owe a heck of a lot.

$17,000, so, yeah. I guess so. Ya, I would gladly have my wages garnished if it meant keeping this job and my place and not having to basically come back from Michigan jobless and homeless. The prosecutor doesn't really seem to care that I had contacted them to say, "I'm back, let's do some child support!" They just want me in court...sounds like a bunch of bureaucratic BS to me, but I understand to an extent. It's the part where they actually impede me from starting to pay again that has me perplexed. I am quite sure that many procedures and doings in our court system aren't there to make sense, they are there to make money. I have an uncle who is a federal judge, as well as other politicians in the family. Not that I'd expect them to give 2 poops about me and my situation. When I fell off the Earth that included keeping in touch with them too. I'm not so sure that my uncle could help me even if he wanted, that would be kind of unethical for me to even ask. I am happy he didn't tell me to screw-off after not calling him for over 6 years, but he was very happy to hear that I was "back". I am such a disappointment....now this! Oy Vey!

 

[AohnJbel]

Does anyone think writing a letter to the judge who issued the warrant would possibly help me? I am not aiming to make excuses and try and make one feel sorry for me. I know how that would look (like every other loser who owes CS $$$). I just know what will happen if I have to go to MI to go to court, or if I get arrested here. Hell, I could end up in jail in MI for all I know. Either way, it just makes it harder for me to pay. Harder to get a job again, homeless etc...

 

[Proserpina]

Does anyone think writing a letter to the judge who issued the warrant would possibly help me? I am not aiming to make excuses and try and make one feel sorry for me. I know how that would look (like every other loser who owes CS $$$). I just know what will happen if I have to go to MI to go to court, or if I get arrested here. Hell, I could end up in jail in MI for all I know. Either way, it just makes it harder for me to pay. Harder to get a job again, homeless etc...

The judge won't read a letter.

You need to have at least a consultation with an attorney; we can't guestimate what will or won't happen once you get into court.

 

[justalayman]

If you are arrested you will end up in jail in Michigan. That's a given.

You keep thinking a recent change is supposed to cause the prosecutor to make some special exception for you. The fact is your record proves you are not dependable. That is what they see and not your most recent changes.

The only possibility that I can see might help is if you can secure a fairly large amount of money to pay towards your delinquency. If that might be a possibility I would suggest calling the prosecutor and asking how much it would take to keep you out of jail.

No, writing a letter to the judge won't help you. They issued the warrant but simply on the application of the prosecutor. If the prosecutor does not with to rescind the warrant a court should not be overriding the prosecutors attempt to perform their job.

 

[justalayman]

A real quick search shows your bond will be at least $4250 (25% of the balance). I do not know if you would be allowed to travel outside of Michigan though. I suspect a condition of your release would be to remain in Michigan.

 

[Silverplum]

I don't feel a dang thing about you and your sad, pathetic story. I feel sad for the Mother of your child, who had to support your mutual child on her own.