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  1. #1
    Join Date
    Jun 2011
    Location
    mobile, Alabama
    Posts
    6

    Default Alabama Child Support Warrant

    I currently have a default judgement of 16k for arrears which is now up to a total of 42K in back support. Current is 1313.00 a month, that includes current and payment on the judgement received last year. There has been no payment at all in 4 years. He showed up for court 3 times it kept getting reset during which he paid zero. The last court date he did not show so a warrant was issued. He disappeared for a few months and I tracked him down when he returned to Alabama. I called DHR advised them of his work its commission based so no garnishment in this state, and they have yet to pock him up. I do all the work tracking him down to his job and home I report it every time and all I have received is a letter thanking me for the info! I called and asked why hes not being arrested and I was advised he will when we get the time! What else can I do? Eventually he will run again. Since our child he has had two more that he signed all rights over to. He refuses to sign rights over to her unless I drop the arrears he has nothing to do with her and has not seen her in 4 years. I have sole custody but I did attempt to have him in her life he just chose a life of drugs over her so she has not had contact with him at all. I don't think it would be fair to her to drop the arrears When I work two jobs to support her. What can I do to get this active warrant of the last 9 months put into action and have him arrested? Its not like hes paying anyway! Why should he be able to work and blow money on drugs while I work so hard to provide for her?! Any advice would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,348

    Default Re: Alabama Child Support Warrant

    Mom, I hate to say this...but sometimes, a deadbeat parent is just going to remain that - a deadbeat.

    Some people will go out of their way to avoid paying child support, even if it wrecks their credit, involves jail terms, nothing seems to be effective and they'll simply just Not Pay.

    If he's that determined to get out of paying - I'm sorry hon, but there's really not a whole lot more you can do. Keep on with child support enforcement though and ask them about tax refund interception - even if he's just commission-based, he is presumably earning enough to pay taxes...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Jun 2011
    Location
    mobile, Alabama
    Posts
    6

    Default Re: Alabama Child Support Warrant

    Lol that I know, hence the reason he is not in our lives. However I can not depend on the IRS when he does not file taxes. he did at one time which is how the order was established based on old 1099s left at my house but he has not filed in 5 years. If that was an option I would certainly use it but its not. child support kills me here... they want you to find the other party they do not want the state supporting your children, which the state does not at all I do, yet they do not want to assist when you give info. Its not a matter of we will get if hes stopped for another violation its just them saying when we have time. With all the deadbeats here all they have is time! Im handing him to them on a silver platter and they are doing nothing after 9 months!

  4. #4

    Default Re: Alabama Child Support Warrant

    A warrant is a law enforcement issue. A million calls and letters to CSE offices won't accomplish ANYTHING in getting that warrant served. The purpose of a warrant is to tell law enforcement (police/sheriff) to take the person into custody for the purposes of getting him in front of the court that issued the order, regardless of the REASON why the court wants to get their hands on that person (anything from child support to homicide).

    With that said...there are two major issues associated with warrants being served:

    1) Law enforcement doesn't LOOK for people with warrants, unless those people are on some bigtime top 10 wanted persons list for violent crimes or a particular officer is on a manhunt for a particular subject and they're litterally walking the warrant from the DA to the judge for a signature and go to go serve the warrant immediately themselves (which happens, but is rare and usually only in instances where there is some public safety issue behind it). There are many THOUSANDS of active warrants in any given state on any given day, and the typical way they get enforced is through minor contact with law enforcement such as a traffic stop, a minor fender bender, or on rare occasions (like we had at my agency today), officers who just happen to run the tag of a vehicle that looks suspicious, AND a dispatcher taking the extra step to bother to run the registered owner of the vehicle and finding the warrant. If a wanted person doesn't drive or doesn't have other incidental contact with law enforcement, that warrant could sit there for decades. Or, if someone happens to call and say that they know EXACTLY where the wanted person is right NOW, then there's a much better chance that an officer may be close enough to get to them to check the person out and pop the arrest on them. Bottom line is that unless police either just happen to run across him, OR they get VERY specific information about the person and their location that is IMMEDIATELY actionable, nothing happens. There just aren't enough officers on the street to even begin to address that many people (especially with the public who wants to call for police service about things like racoons in their yards and other nonsense that wastes a LOT of time better spent doing other things). If deadbeat dad lives closeby, and the warrant is out of a local court, then making friendly with a few of your local boys in blue and clueing them in to the warrant can be helpful in getting him into custody and in front of the court. (Which STILL may not solve the problem if dad either has no money or successfully works under the table and there's no way to document his income.)

    2) Even WITH an active warrant, not all warrants are actionable, and even contact with law enforcement may not result in an arrest...most typically because of EXTRADITION issues. When the court issues the order, it typically outlines how FAR the warrant extends. It could be anything from "local only", which might mean only the specific county in question, or the county in question plus "touching" counties, or "in state only", or "adjoining states", or a specific distance such as "within 100 miles", or "east of the Mississippi only", all the way up to nationwide. The more serious the offense, the greater costs the court is willing to bear to house the subject until a law enforcement officer can come get him and transport him to the issuing court. Felonies tend to get bigger distances, misdemeanors and civil-related warrants tend to get MUCH shorter distances. Find out what the limits on THIS particular warrant are by calling the sheriff's office warrants section in the county where the warrant was issued. Whatever that extradition distance is, that is the specific "circle" that the subject of the warrant must be in before an arrest will be authorized by the agency that entered the warrant. Lots of people who know they have warrants are able to evade them by simply staying outside the magic circle of extradition limits.

    So (1) you need to know the SPECIFICS of the warrant extradition limits, and (2) if the extradition limits are good to go, then working with law enforcement is the way to get it successfully executed.

    Hope this helps =)
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  5. #5
    Join Date
    Jun 2011
    Location
    mobile, Alabama
    Posts
    6

    Default Re: Alabama Child Support Warrant

    Thanks. As far as the warrant it was issued in mobile county Alabama, the same county in which we both reside and work in. So extradition isn't an issue. But like I said dhr keeps saying its NOT a matter of if hes pulled over or has contact with police, they do actively serve child support warrants, as in knocking on peoples last known address or work.... its just a matter of getting to it when they can. My door has been knocked on for a man who previously lived here for specifically a child support warrant. They had a search warrant and I had to allow them in my home to look for a man I didn't know. That's why I am not sure why mine has been active 9 months when they know where he works and loves. I have called them sitting outside his job just like they told me to, and never once saw any law enforcement. Child support has seperate warrant division here and they handle the warrants themselves or through the sheriff department. So on to making friends with the boys in blue I suppose. thanks again.

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