Results 1 to 5 of 5
  1. #1
    Join Date
    Feb 2012
    Location
    California
    Posts
    4

    Question Out-of-State Bench Warrants

    My question involves criminal law for the state of: Michigan

    I just found out that I have a bench warrant issued in michigan, I currently live in California....it was issued because I couldnt afford to fly to michigan for a "show cause" hearing. Not sure what to do. At that hearing my ex was ordered to pay the balance on some treatment our son had through the court. He was previously supposed to turn over the adoption subsidy monies to the court, but did not, he just kept the money. I had no access to this money. Now to have the warrant reversed they are saying I need to pay the balance. (?) Does this sound right? Please help, not sure what to do!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,902

    Default Re: Out-of-State Bench Warrants

    If you and your ex- were ordered to pay money back to the state, and you and your ex- failed to pay the money you owe, and you chose not to appear in court as ordered, then it's no surprise that there is a bench warrant and that you continue to owe the money.

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,202

    Default Re: Out-of-State Bench Warrants

    Maybe they use different terminology in Michigan. But, to me, a "show cause" hearing means that you had ALREADY failed to show up in court or disobeyed a court order in some other way. They then hold a "show cause" hearing to give you the opportunity to "show cause" why you should not be held in contempt of court. In other words, the court gives you the opportunity to explain that, "I missed court because I was in ICU recovering from a triple by-pass" or something before passing judgment for contempt of court.

    So, reading between the lines from your post, it sounds like you and your ex had not paid some fees that the court ordered and the court held a hearing to determine if you should be assessed further penalties. Your ex showed and you didn't. And, your ex either paid his portion of the fees (along with any additional penalties) or simply said, "I gave my half to mom and she was supposed to give it to[fill in agency here]." Since you were not there to refute this claim, the court accepted it...and held you responsible for the full amount owed and issued a warrant to haul your butt before the court to pay it.

    Sounds like you now have a choice...either pay the full amount or return to Michigan for another round of hearings to try show that your ex actually owes the money. The money you saved in air fare by skipping court is probably gonna cost you in the long run. Judges take a dim view of, "I moved to California and couldn't afford to come back for court." Especially in family court.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,902

    Default Re: Out-of-State Bench Warrants

    That's correct - an order to show cause directs a person to appear in court and "show cause" why she should not be held in contempt. Failing to appear pretty much guarantees a contempt citation.

    I would not be surprised if the court found that dad was not in contempt because he appeared and paid half, but held that mom is in contempt until the remaining balance is paid. That's not to say dad isn't jointly liable for that balance, and I expect he is even if he managed to avoid being held in contempt by paying half, but it is to say that mom's contempt citation is not going to be discharged until she fulfills the conditions prerequisite to its discharge - in this case, apparently that means that somebody will have to pay the balance.

  5. #5
    Join Date
    Feb 2012
    Location
    California
    Posts
    4

    Default Re: Out-of-State Bench Warrants

    Thanks for the answers so far.....I got a copy of the paperwork from the hearing which shows my ex was held in contempt for not turning over the adoption subsidy cks and was ordered to immediately report to the clerks office and make payment arrangments. I was issued the bw for not showing. But when I called the judges office to find out what to do to have the bw removed they told me that "I" would have to pay the balance.... ?

    1. Sponsored Links
       

Similar Threads

  1. Arrest Warrants: Bench Warrants
    By robbinyobanks in forum Criminal Procedure
    Replies: 2
    Last Post: 09-19-2010, 08:45 PM
  2. Arrest Warrants: How Do Arrest Warrants and Bench Warrants Work
    By ebola in forum Criminal Procedure
    Replies: 6
    Last Post: 02-11-2009, 02:54 AM
  3. Background Checks: Do Bench Warrants From Another State Show Up On A Background Check?
    By uncleted2k in forum Application, Hiring and Promotion
    Replies: 2
    Last Post: 05-15-2008, 04:11 PM
  4. Arrest Warrants: What Is The Difference Between Bench Warrants And Arrest Warrants
    By drgmdo in forum Criminal Procedure
    Replies: 2
    Last Post: 03-07-2008, 02:11 PM
  5. Arrest Warrants: Bench Warrants
    By hayes9000 in forum Criminal Procedure
    Replies: 5
    Last Post: 07-25-2005, 09:38 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document