Ex is going to court for FTA. Original appearance was required for suspended driver's license. License was suspended for failure to pay support. Apparently child support docs were not listed to require a warrant if my ex was contempt.
He went to jail 2 days ago for the failure to appear and will hopefully show up for the next scheduled court date.
Is there a way to submit a request to the judge for a bench warrant to be issued once he appears before the judge? And is this appropriate?
Is seems that the suspended license does not truly enforce the support payer to pay their unpaid support...
Note: Court ordered support is issued from a different Florida county.
Thank you, in advance, for any advice you have to offer!
2007-07-20 12:45:19 · 4 answers · asked by Katie 3 in Politics & Government ➔ Law & Ethics
I live out of state now. Uncertain if legal aid will assist me due to being out of state & uncertain if they would be able to do it prior to the court date.
2007-07-20 12:51:04 · update #1
Please just answer:
1) How do you make a request to a judge for a bench warrant
2) Is it appropriate to make this type of request to the judge?
Thanks again!
2007-07-20 17:19:06 · update #2
No, it is not appropriate for an individual to make this request of a judge. Usually a Judge issues a Bench Warrant is issued when a person fails to appear for a Court Date.
A bench warrant is not an active warrant where the police will go looking for an individual...it only means if they pull someone over for a traffic stop or get called to a domestic dispute, etc. and they run the name of the person through their computer after getting their id and it is a match with a bench warrant, they haul them into jail to hold overnight and it will depend on the circumstances of the original Court matter was if the Judge will set bail, how much or remand the person back to jail with no bail and set the matter up for a Hearing.
As indicate you live out of State, the best thing to do is to hire an attorney in the State where the person that is to be paying child support lives and pursue a garnishment of wages. If you don't know where the deadbeat currently works, the attorney's office can often times run a credit bureau or use a PI to find out (might cost initially, but can sue the deadbeat for attorney fees and Court Costs also). If nothing else, pursue a Summary Judgment for the amount of all back support due, that way it will be on the deadbeat's credit bureau report and a Summary Judgment is renewable in most states every 10 years...if they don't pay, you can renew the Judgment, it they own assets like real estate, some States even automatically attach to them, which may not be able to be collected on immediately, but the deadbeat won't be able to sell or refinance their home without paying you off in full.
2007-07-21 04:04:16 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
Call Legal Aid in West Palm Beach...
2007-07-20 12:48:54 · answer #2 · answered by Spirit 3 · 0⤊ 0⤋
USA is really gung ho on child support!!! - it should be like that in this country. Suspending driving licences etc.. this is crazy!!!!
Sorry, I have no idea about USA law, if you were in the UK I could advise you. ......
I doubt if the suspending driving licences would work in the UK though.. even I would oppose that and I don't have to pay child support to anyone!
2007-07-20 12:54:37 · answer #3 · answered by Just me 4 · 0⤊ 1⤋
The simple fact is, he can not or will not pay court ordered support. If he's willing to go to jail rather than pay, there's NOTHING you can do that will or can force him to pay. Good Luck
2007-07-20 12:56:02 · answer #4 · answered by Jan Luv 7 · 0⤊ 1⤋