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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is currently in federal prison in Florida. Prior to

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My son is currently in federal prison in Florida. Prior to his arrest he was scheduled to appear in court for a child support issue. At the time of the court hearing he was in jail and was unable to attend the hearing ( Cobb County, Georgia). The court was not advised of this and a warrant was issued( I believe failure to appear). This warrant is outstanding and is showing on his record. The child support is still running. He needs the warrant cleared in order to get into a program in prison. He also needs to have the child care payment placed on hold until he is released from prison.

What are the steps to clear this up?

Can an attorney have the judge release the warrant without addressing the child support issue?

Can the child's mother waive the back payment?

Thanks

Is this difficult to clear up since he is in jail?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your son's situation.

If a person fails to appear in court when they have been ordered to do so, the the Court may order what is typically known as a bench warrant. This is what he likely has.

The way this is handled is that the individual (or more often, their attorney) file a Motion to Quash Warrant and set it for a hearing. I do not have a sample for Georgia, but I do have one for Nevada which should illustrate how such a motion would look (in general) - here.

The Court will then consider this at a hearing where the individual can explain his case, and if the Judge is satisfied, the warrant is quashed (voided).

Now what someone in your son's position wants to do likely is to FILE such a motion and set up an oral hearing date. Once this is done, one would want to coordinate with the jail to have one transported to the Court for the hearing. This is not unusual. All one would need is documentation illustrating that a hearing is set in the family court for him. The jail should then arrange transportation to and from jail. Then one can have the hearing, and hopefully, have the warrant quashed (ironically, the warrant is to have him held in custody, which he already is in).

As for halting child support until he is released, this may be done via a Motion to Modify Child Support, for which a full step by step instructions plus forms may be found here. He would have to do this separately, and coordinate with the jail administration to have himself transferred to and from jail for the matter, just like the motion to quash.

I hope this helps and clarifies. Good luck.

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Expert:  Ely replied 1 year ago.
PS - the Court may also allow him to appear in Court via TELEPHONIC HEARING from Florida if the Judge agrees (at the Judge's discretion). Please let me know if you need more information on this by using the REPLY button.
Customer: replied 1 year ago.

Can an attorney represent him in court (absent my son)? Who pays for the transportation cost?

Expert:  Ely replied 1 year ago.
Y,

Can an attorney represent him in court (absent my son)?

Yes. Your son may still need to appear for some of the hearings however. As such, he may be transferred there OR may appear via telephonic hearing. This is at the Judge's discretion:

MOTION FOR A TELEPHONIC HEARING

TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW (name), Movant herein, and files this, and brings this Motion for Telephonic Hearing for the hearing on (motion's name that is set to be heard):

1. Said motion is set for hearing on ___________
2. Movant is unlikely to be able to present at the hearing in person due to: (reason)

3. Movant would be able to be present via telephone on the date and time of the hearing.
4. The Court has inherent power to grant said request.

WHEREFORE, PREMISES CONSIDERED, Movant herein, requests this Court to grant this Motion for Telephonic Hearing and that the Court allow (name) to appear via telephone on (date), and for such other and further relief that may be awarded at law or in equity.

Respectfully

Signature

Name

[certificate of service]


(New page - proposed order)
ORDER GRANTING MOTION FOR TELEPHONIC HEARING

On , the Court considered Movant’s Motion for Telephonic Hearing, and after reviewing the evidence and hearing the arguments, the Court finds that the Motion should be

GRANTED DENIED.

SIGNED on , 2013.


_____________________
JUDGE PRESIDING


It is worth a try, certainty. This may be use with or without an attorney's representation.

Who pays for the transportation cost?

Normally, the government.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88193
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Family Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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