Help with a Child Support Bench Warrant

[ron4jojo]

Ok, recently I started a new job, I owe back child support in 2 county's, So they issued an income withholding notice to my employer to deduct support directly from my check. I have an active bench warrant as well, when I call friend of court they ask me to come down to try to resolve the warrant, which they said was a possibility with no money from me. My question is since they are getting their money now, since it's coming directly from my check, what do you think are the chances they will lock me up for the warrant, this would probably not be in their best intrest since I will lose my job , and have no way to pay them. Should I just go to the friend of the court and take the chance of being thrown in jail? Friend of court says I have 2 options go and try to resolve the bench warrant with my case worker, or have the county sheriff come to my work to arrest me, or my choice quit my job and begin working under the table until I have enough money to pay off my bench warrant.

Ron in Michigan
Thanks

[aaron]

The FOC won't have to do anything to have the police act on the bench warrant - it's in the Law Enforcement Information Network (LEIN) and if you are identified by a police officer who checks for warrants, absent unusual largesse from the officer you will be picked up if you are within the pickup radius for the warrant.

If you can, your best bet is to resolve the arrearages, borrowing the money if you need to.

[ron4jojo]

So then going down to resolve the warrant with no money, most likley will land me in jail? Do you think since they have had my home address and never came to my home to arrest me, that they would actually come to my work? I dont understand if they sent a notice to withhold my money then why not just come arrest me instead? Makes no sense to arrest me after my income is being withheld. I do not have the money to pay off what I owe its around 24,000 dollars. But I might be able to pay off the bench warrant in time and begin good payment again with some money towards the back support. Do you think I would have time to continue working where I am, saving to pay the warrant and keep good on my payments?

[aaron]

I don't know what County this is in. I don't know what prior discussions you have had with FOC. I don't know the case history. So... I am simply giving you the best approach to resolving the situation.

If you want to have relative certainty as to what would happen if you turned yourself in (at the courthouse) on the bench warrant, you should consult a family lawyer in the county where the order was issued. Also, you should not just show up at court - you may not be able to get on the docket, or a representative from the FOC may not be available, and as this is a bench warrant it is possible that the judge will order you detained until a hearing can be scheduled. Some judges set bond in the amount of the arrearage, then apply the bond to the arrearage after the hearing.

[ron4jojo]

Well my case is in macomb county and wayne county michigan, as far as my case past, I owe 11,038.46 dollars to macomb in back support, and 24,057.42 to wayne, I recieved an IWN on both cases to pay 156.00 a week, wich is killing me, I am unable to fight this amount due to a bench warrant issued in my name, without the money to pay off my warrant I am kinda of stuck. I was picked up in 2002 on a warrant and had to pay 3200.00 to get out of jail, since then my account has went in the hole once again, and a new warrant has been issued, I have been unemployed for the last 6 years due to a medical condition, a medical conditition that cannot be proved because I never seeked treatment for due to no insurance. The thing is, I would like to take care of this and get back on track since I am employed now, but now that I have a job, that has been threatened because fotc has told me I still can be arrested on the warrant even though I am now making my support payments, wich makes no sence to me because how are they going to get their money if I am in jail. Do you think I should get an attorney before going any further, or do you think the court will be easy on me since my support is being paid, and resolve the warrants for me, with no money from me, They want me to just show up to see my case worker to see if we can resolve the warrant, and I just dont know if this is the best move for me. Any answers I could get here would be greatly appreciated.

Ron in Michigan

[Mr. Knowitall]

You may be putting yourself in danger of felony nonsupport charges, although it helps a lot if you're keeping up with your current payments. I think you would be better off paying any amount you can pay toward support rather than a lawyer, or having available in case you are arrested and have to bail yourself out again. It may be wise to consult a family lawyer, but I am not sure what they can tell you other than pay off your debt.

[Deadbeat]

I came across this site and this thread via a google search for FOC info. I'm only posting because someone else might do the same.

I tried to do what the above poster recommends (not getting a lawyer and just paying it off). I did it once. I was laid off again. (SE MI factories...go figure.) I tried to do it again when I found work. However, I didn't make as much anymore. I never got back. By the end, I served time and I'm still in a sinking ship...all because I tried to do it the "right" way.

The system is against you. You must have a good lawyer. If I had it to do all over again, I would do my best to find a good lawyer and anytime I saw trouble on the horizon, I'd call him. Worst case here would of been for the OP to get a good lawyer and the lawyer would of worked out a payment plan and the warrant would of been dropped...then he could of lived his days out having access to a good lawyer.

FOC will ruin your life. It did mine. You must have a mouthpiece.

[moonlief73]

The best advice I can give you is for you to simply communicate with your case worker & the courts. Start your first step with a step in the right direction. Talk to the judge. Tell him what you want to do to resolve this. When you pay your support obligation, don't pay it with anger. Pay it with the objective to survive this time in your life without problems. Remember that so long as you pay on time, nobody from child support services or the courts can ever hurt you. . .

[aaron]

However, I didn't make as much anymore. I never got back.

If you suffer a decline in your earning capacity, you would normally want to petition for a reduction in your ongoing support obligation based upon your reduced earnings.