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  1. #1
    Join Date
    Oct 2010
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    3

    Default Capias Warrant

    My question involves an arrest warrant from the State of Virginia:

    My husband is currently paying on arrears for a child support order. The actual order obligation was completed in July 09, he is trying to ask the court to review and forgive the remaining $9500 due which is simply interest on the arrears. We went to court, file and paid to have the case reopened so that a judge can review this and hopefully grant the relief. Just got a call that we needed to be in Juvenile Court vs Civili Court BUT...we learned that my husband has 2 capias warrants out from 1/00 on him for failure to appear, something about a show cause order and I can't remember the 3rd thing). The woman at the court said we have to return to file in Juvenile and get a refund for the action we filed in civil court, but warned that he could be arrested on these outstanding warrants. He had no clue these even existed!! What can he do? She suggested an attorney, but we don't have the money and this is why we are doing this ourselves, he's done the right thing, he's made his payments, and he's still getting screwed...what can we do??? Thanks for the help, sorry for the long post.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Capias Warrant

    He obviously didn't make them timely and that is why he owes interest. So, in fact, he has not complied. He should have realized that there were likely court actions pending due to his non-compliance.

    It appears you do not have a lawyer. I'd recommend one rather than blundering around. He will most likely have to contact the court and schedule an appearance to get the warrants listed. If you do have a lawyer, fire him and get a competent one. It doesn't take a genius to realize that support orders and the like are handled by the Juvenile and Domestic Relations Court. As a matter of fact, I'm surprised that the clerk didn't just push the order back to you at the Circuit Court as it's pretty patently obvious that they don't have jurisdiction.

    Since you owe interest, it would appear there was already a court action for unpaid back child support (just paying late doesn't incur interest in the Commonwealth unfortunately). It also should have been patently clear that came from the JDR court as well. What makes you think you have the slightest chance of prevailing on not paying the interest on a substantial arrearage that the custodial parent had to go to court to force your deadbeat spouse to pay?

  3. #3
    Join Date
    Oct 2010
    Posts
    3

    Default Re: Capias Warrant

    1 - we have no lawyer and I'm not spending a dime on one for something I can and will do on my own
    2 - he did not pay for awhile and yes this is how the arrears occurred...he has since made ontime payments for many years
    3 - the child he is paying the support for died suddenly in 2002
    4 - it does not hurt to ask the court to relieve the debt and actually i am glad we started this or we would never have learned of the capias that were out for him...

    ya know if the courts spoke to one another or to make the irs (where they annually intercept his tax refunds) he could have been served with this quite awhile ago..or when he got a speeding tix in VA...if the computer systems spoke to each other, he would have been notified THEN...and the worst part is if we never attempted to pursue this relief, he would NEVER have known these outstanding actions were out after him.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Capias Warrant

    Quote Quoting bsketlady
    View Post
    1 - we have no lawyer and I'm not spending a dime on one for something I can and will do on my own
    Not very well.
    3 - the child he is paying the support for died suddenly in 2002
    It matters NOT. The custodial parent is due that money. She supported the child while it was alive.

  5. #5
    Join Date
    Oct 2010
    Posts
    3

    Default Re: Capias Warrant

    I replied earlier this morning and now my post is gone...interesting.

    Bottom line is I came here for suggestions/constructive help and you are just being unkind and rude. He owed the debt, initial debt is paid, period...nothing wrong in asking to have the final interest relieved...and thank goodness we are doing this or we would not know of the capias out for him...and nice dodge on the my comment regarding the systems speaking to one another.

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