Arrest warrant issued

[mom6399]

What is the name of your state?CP/GA,NCP/FLA

What happens when an arrest warrant is issued due to non-payment of child support?

Thanks.

 

[brisgirl825]

What usually happens is that, after they've been located and go in front of a judge, they will be required to pay a purge, not unlike a bond. Then a payment plan will be put in place for the ncp to pay current cs and extra for the arrears.

 

[mom6399]

Thanks

CSE established an address for the NCP prior to issuing the warrant. My guess is the NCP will go into hiding again once he learns of the warrant...but if he doesn't...

Does the arrest warrant just establish and serve as a summons to appear in court or will he be picked up? If he does appear in court, will I need to attend the proceedings?

I currently have no idea where he is, but he has been spotted in other states by family members and friends. Should he surface in these locations again, should authorities be notified? Is the warrant enforcable accross state lines?

All so complicated!

Thanks again for your reply.

 

[SingleMom67]

Yes, the process is much more complicated than brisgirl alluded to. Do you know if the warrant is criminal or civil? Understand that no one gets issued a warrant for failure to pay. He or she is issued a warrant for either contempt of court, contempt of an order, failure to appear or something like that. Sometimes warrants are issued based on negligence which can be criminal. Depending on the type of warrant determines whether or not it will cross state lines. Is your ex's driver's license suspended in his state? I'm assuming since CSE has a valid address on him, they know what state his license is issued from. That's another possible way to have him arrested if he's stopped.

Another problem you face is he's in another state. If, for example, he's picked up and arrested in Florida, there's only a limited amount of time they can hold him before they either have to let him go or GA authorities have to go down, pick him up and transport him back to GA. Believe me, the process is very complicated. It took me almost a year and a half to get my ex picked up and he's only an hour away!!! He just so happened to be across county lines!!

Last thing I'll add is that if he's picked up, he may not necessarily have to go before a judge. If he pays the purge amount (CSE in GA will determine what the amount is), they may just let him go. Some of that depends on resources, caseload, etc. If they do hold him and make him go in front of a judge, they will tell you that you may not necessarily have to be there. CSE will actually be there on your behalf. However, it was strongly recommended to me to be there in case he came up with some b.s. reasons for not paying (For instance, if he lies and says he wasn't able to work. And you know he was working under the table and took this 2 week vacation to Bermuda or something. Remember, the burden of proof here is not on you, but on him!). It's just safer if you are there to discredit any caca that might come out of his mouth!!!

 

[brisgirl825]

I realize that the process is much more involved and complicated than I stated. However, OP didn't give very many facts, as to her situation, for me to give anymore than generic info.

OP, Singlemom has had experience in this situation and has given you valuable advice. Good luck.

 

[SingleMom67]

OP, Singlemom has had experience in this situation and has given you valuable advice. Good luck.

More so than I wanted.

 

[Zephyr]

CSE will actually be there on your behalf.


cse is there on behalf of the state, no one else.
mom needs to be there to protect her own interests.

 

[brisgirl825]

More so than I wanted.

You recently had some success on finding your ex, right? I believe that was you I read with an update. How have things progressed thus far?

 

[SingleMom67]

You recently had some success on finding your ex, right? I believe that was you I read with an update. How have things progressed thus far?

Yes, that was me. I updated back on the original thread, but just now when I went to attach that thread, it appears that the whole thing is gone. It may have been deleted by the administrators because Troll of the Century "eyemback" was all in it. As a quick synopsis, I did find the ex. He was arrested, but quickly came up with $4,000. He's got 60 days to pay the remaining $2,600 of the purge amount. If he doesn't then we start again with the bench warrant, etc., etc. I am praying that the experience helped stop him from what otherwise was just "game-playing" with the system. We'll see.

EDIT: I just went digging and I didn't update the original thread. I think I hijacked my comments as it related a little bit to the poster's problem. But now I can't find it. Anyways, you got the short version above!!!

 

[SingleMom67]

CSE will actually be there on your behalf.


cse is there on behalf of the state, no one else.
mom needs to be there to protect her own interests.

Wrong again. There goes another legally uneducated response. In PA, every plaintiff in a CSE case is assigned an attorney whether they want to use that person or not. The assigned attorney is paid by the state to represent the plaintiff. It is recommended that mom go because the state-appointed attorney doesn't know personal facts that go on outside of the court. In other words if dad (in this case) lies, attorney has no way of knowing. Mom is there to refute.

 

[Gracie3787]

Wrong again. There goes another legally uneducated response. In PA, every plaintiff in a CSE case is assigned an attorney whether they want to use that person or not. The assigned attorney is paid by the state to represent the plaintiff. It is recommended that mom go because the state-appointed attorney doesn't know personal facts that go on outside of the court. In other words if dad (in this case) lies, attorney has no way of knowing. Mom is there to refute.

The OP's order is either in Ga. or Fl. (NOT Pa.). If it is in Fl. OP needs to be there, because it is specifically written into Fl law that the attorney represents the DOR CSE- NOT the plaintiff, it even goes on to state that the attorney and DOR should advise the plaintiff that they do not represent the plaintiff. Fl. is pretty picky about that. I believe that it is also that way in Ga. although I don't know for sure if it's specific in their laws.
Gracie

 

[mom6399]

Thanks!

My original order was issued in Minnesota, with jurisdiction transferred to GA at the end of divorce proceedings. I filed with GA CSE, NCP lives in FL. My case is in GA, but from what I can get and understand from GACSE, the case is being enforced by FLCSE? The amount ordered in MN was reduced by GA based upon NCPs income, when they were able to garnish wages for 2 months.

It is an arrest warrant issued for contempt. Is this considered criminal or civil? NCP is well into 5 figures in arrears. Quitting jobs, moving, etc...to avoid payment as well as to hide from the IRS. NCP has seen the child only twice in almost two years and has had zero contact in nearly 15 months, if that matters?

I believe his DL was suspended, a lien was put on his back account (which I am guessing at this point was empty at the time).

I am totally in the dark here. I filed with CSE on NCPs request and after I had to get a restraining order against him. I'm concerned about having to face him in court...and what his reaction might be if he is arrested and come up with the purge amount to get out. My restraining order expired a few weeks ago.

 

[SingleMom67]

The OP's order is either in Ga. or Fl. (NOT Pa.). If it is in Fl. OP needs to be there, because it is specifically written into Fl law that the attorney represents the DOR CSE- NOT the plaintiff, it even goes on to state that the attorney and DOR should advise the plaintiff that they do not represent the plaintiff. Fl. is pretty picky about that. I believe that it is also that way in Ga. although I don't know for sure if it's specific in their laws.
Gracie

I was responding to WannaCry who was making a direct reply to something I said. It wasn't a state issue.

 

[SingleMom67]

Thanks!

My original order was issued in Minnesota, with jurisdiction transferred to GA at the end of divorce proceedings. I filed with GA CSE, NCP lives in FL. My case is in GA, but from what I can get and understand from GACSE, the case is being enforced by FLCSE? The amount ordered in MN was reduced by GA based upon NCPs income, when they were able to garnish wages for 2 months.

It is an arrest warrant issued for contempt. Is this considered criminal or civil? NCP is well into 5 figures in arrears. Quitting jobs, moving, etc...to avoid payment as well as to hide from the IRS. NCP has seen the child only twice in almost two years and has had zero contact in nearly 15 months, if that matters?

I believe his DL was suspended, a lien was put on his back account (which I am guessing at this point was empty at the time).

I am totally in the dark here. I filed with CSE on NCPs request and after I had to get a restraining order against him. I'm concerned about having to face him in court...and what his reaction might be if he is arrested and come up with the purge amount to get out. My restraining order expired a few weeks ago.

Yup, our stories are similar (as too many here are). It sounds like you're doing everything you can be doing. As far as civil vs. criminal, I'll research that one and get back to you. The warrant's out of GA though right? Florida's just enforcing it? Did I understand that correctly?

As far as facing him in court, remember that if it comes to that you will not be alone. And the BEST place to be if you have to be anywhere near him is in a courthouse!!!! Secondly, it's sometimes easier said than done, but stop worrying about how he's going to react once it all catches up to him. Remind yourself that YOU didn't do this. He failed to financially support his child(ren)!!! So turn off any sort of feelings you might have of feeling bad, and he's gonna be mad, etc., etc. TOO BAD!!! Finally, and then I'll go do some research for ya, but you can request to be notified (by CSE) if and when he's picked up and if and when he's released from prison. Be back in a bit.

 

[mom6399]

Case filed in Georgia. Florida appears to be the enforcing agent, as that is his state of residence.

I KNOW he did this to himself and to his child. Unfortunately, he will see it as me...no guilt, just a little apprehensive as to the end result. Thanks for your kind words and encouragement.

I have requested notification of his arrest and release...