• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Warrant

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

abstract99

Senior Member
What is the name of your state? Az

I have a friend that lives in Arizona that has had a warrant out for child support non-payment since last November. When he was in court last november, the judge told him that he had 24 hours to pay the 1500 listed as due. He paid it but it was roughly 30 days late so the warrant was still issued. Since then, nobody has come to get him. He has his place of employment and residence on record. He was under the impression that since nobody came and got him that the warrant was no longer active (stupid I know). He recently tried appliying for a new job and the warrant came up on his background check. I looked up the Az laws and ARS 25-683 states:
"If the arrested person pays the full amount set forth in the warrant before the arrested person is brought before a judicial officer, the arrested person may be released after receiving a notice to appear in the superior court in the county in which the warrant was issued pursuant to the procedure prescribed in section 25-682, subsection E. If the arrested person fails to appear as directed, a child support arrest warrant may be issued."

With what that says, can he simply turn himself in and provide his proof of payment? He paid the amount over a period of a month in weekly payments. Does that make a difference? Does the full amount have to be paid all at once or can it be paid in payments for it to count towards the debt?
 


abstract99 said:
What is the name of your state? Az

I have a friend that lives in Arizona that has had a warrant out for child support non-payment since last November. When he was in court last november, the judge told him that he had 24 hours to pay the 1500 listed as due. He paid it but it was roughly 30 days late so the warrant was still issued. Since then, nobody has come to get him. He has his place of employment and residence on record. He was under the impression that since nobody came and got him that the warrant was no longer active (stupid I know). He recently tried appliying for a new job and the warrant came up on his background check. I looked up the Az laws and ARS 25-683 states:
"If the arrested person pays the full amount set forth in the warrant before the arrested person is brought before a judicial officer, the arrested person may be released after receiving a notice to appear in the superior court in the county in which the warrant was issued pursuant to the procedure prescribed in section 25-682, subsection E. If the arrested person fails to appear as directed, a child support arrest warrant may be issued."

With what that says, can he simply turn himself in and provide his proof of payment? He paid the amount over a period of a month in weekly payments. Does that make a difference? Does the full amount have to be paid all at once or can it be paid in payments for it to count towards the debt?
He was told 24 hours not payment plans of 30 days.
 

abstract99

Senior Member
outragedMOM said:
He was told 24 hours not payment plans of 30 days.
Yes, I realize that, but since the debt has now been paid shouldn't he be able to get it removed?

Also, just out of curiousity, though I hold no opinion on the matter, I thought it was not legal to imprison someone for a debt.
 
abstract99 said:
Yes, I realize that, but since the debt has now been paid shouldn't he be able to get it removed?

Also, just out of curiousity, though I hold no opinion on the matter, I thought it was not legal to imprison someone for a debt.
Wow! Children are not considered debts. If the shoe was on the other foot, I'm sure you'd want your child support, for the sake of the child.

However, he would still have to make good on the warrant by turning himself in and go before the Judge. If I'm not mistaken only the Judge can dismiss the warrant, not his receipt of payment, but make sure he has receipt to present to the Judge when he appears in front of him.

I certainly hope he is up-to-date and current on his support or he won't go anywhere.
 

ceara19

Senior Member
abstract99 said:
Yes, I realize that, but since the debt has now been paid shouldn't he be able to get it removed?

Also, just out of curiousity, though I hold no opinion on the matter, I thought it was not legal to imprison someone for a debt.
Even though he paid the $1500, he was 30 days late with the payment. There is a good chance that there was interest added to the amount, which would have, in turn, drawn interest this whole time.

If he turns himself in, he will likely be incarcerated until he sees the judge. If there is still a warrant out for his arrest, if he has any sort of police interaction (like being pulled over for speeding) they will arrest him.
 

GrowUp!

Senior Member
abstract99 said:
I thought it was not legal to imprison someone for a debt.
Ummm...there are no longer debtor prisons. Children are not "debt" -- EACH parent has a financial obligation to support their children. There is also an order for support. Once someone is in arrears of more than 5k, it becomes a felony non-payment issue.
 

Ohiogal

Queen Bee
abstract99 said:
Yes, I realize that, but since the debt has now been paid shouldn't he be able to get it removed?

Also, just out of curiousity, though I hold no opinion on the matter, I thought it was not legal to imprison someone for a debt.
He was not going to be imprisoned for a debt -- he was going to be arrested for CONTEMPT OF COURT. That is the problem. He has not been following the court order. The court gave him one last chance to do so. He didn't. Hence the court wants him arrested. Court orders are ORDERS that MUST BE FOLLOWED. They are NOT court SUGGESTIONS! Your buddy apparently thought the court was suggesting that he pay child support. He was wrong. He then apparently thought they were SUGGESTING he pay it in 24 hours. THEY WERE NOT! It was an order. He did not obey it. Hence he is guilty of contempt. The proof -- the fact that the order said 24 hours and he took 30 days by his own records. He is guilty. He should start acting like a man and pay his child support and turn himself in.
 

abstract99

Senior Member
OK thank you for your helpful insight, as to the interest, he pays his weekly child support ammount. As to why he was late, it is because he had a family emergency that regarded the welfare and safety of his child and her being sexually abused and he required that money to be able to afford to protect her. Once the court ruled that mom had to pay his attorneys fees he was going to take that money and pay back the arrears. The money was due to him no later than 24 hours before the ruling for the warrant went through (mom pressed charges) Mom intentionally held the payment past the due date full weel knowing that he needed that to pay the arrears (hence why she requested in court that he be incarcerated before she paid him, this was a reltaliation on mopms part because her BF can't be within 500 feet of her kids anymore and is spending time in jail now). If the courts worked the way that they were supposed to then they would have allowed moms debt to dad go towards the child support arrears. In my opinion it is kinda silly to give someone money that just gets it right back.

Anyways, he is going to request a hearing to have the warrant quashed. In the future, you shouldn't just assume that someone doesn't care about their children and that is why he was late. He was proetcting his child and I am sure that he would do it again in a heartbeat to make sure that his daughter wasn't being fondeled again.
 
abstract99 said:
OK thank you for your helpful insight, as to the interest, he pays his weekly child support ammount. As to why he was late, it is because he had a family emergency that regarded the welfare and safety of his child and her being sexually abused and he required that money to be able to afford to protect her. Once the court ruled that mom had to pay his attorneys fees he was going to take that money and pay back the arrears. The money was due to him no later than 24 hours before the ruling for the warrant went through (mom pressed charges) Mom intentionally held the payment past the due date full weel knowing that he needed that to pay the arrears (hence why she requested in court that he be incarcerated before she paid him, this was a reltaliation on mopms part because her BF can't be within 500 feet of her kids anymore and is spending time in jail now). If the courts worked the way that they were supposed to then they would have allowed moms debt to dad go towards the child support arrears. In my opinion it is kinda silly to give someone money that just gets it right back.

Anyways, he is going to request a hearing to have the warrant quashed. In the future, you shouldn't just assume that someone doesn't care about their children and that is why he was late. He was proetcting his child and I am sure that he would do it again in a heartbeat to make sure that his daughter wasn't being fondeled again.
I don't believe anyone said he didn't care about his child, what was said was:
A Court Order is law!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top