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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Hi, I was told by my ex-spouse that i have a warrant for none

Customer Question

Hi, I was told by my ex-spouse that i have a warrant for none payment of child support, i recently got a new job and it took me almost 2 years to get one. however i did get unemployment for at least 3 months and child support was taken out, so its been a long time on the downside surviving off of food stamps,wic, HUD, TANF and so on. I just landed a secure job as a carpet cleaner, I have been there for about three months but only working a couple days out of the week, barley enough to pay rent and take care of my little girl with my new wife. I have been told that i did a great job and i will be added to the payroll, meaning those three months was sort of like a probation period to see if i could handle it. I now can afford to pay child support but now im in a situation, if I do get arrested i will most likely lose my job and have to start over I would hate to lose what i worked so hard for. another thing giving my criminal background when i was younger its really hard for me to find a job, I have not been in jail since I was 20 I am goin on 25 sobered up and im taking my GED classes to be able to compete in the work field now a days. I will move forward in following my passion to be a Nutritionist/Personal Trainer so that im able to make people happy and more income to help support my three kids. What can i do so that i dont have this setback. Going to jail will only prolong or make it impossible to reach my goals, honest truth im doing this for my kids as much as im doing this to be a better me, and in all truth my ex does not have anything going for her, I've talked to her about getting a better education at least trying to find a job whether its at a grocery store or housekeeping or whatever she can to provide a better living environment for my kids, but its seems she just wants to live off of child support, housing, food stamps, wic, and so on. She has told me herself she hasnt had a job in three years, and in those three years she took off with my kids to california in order to keep them away from me, i currently reside in colorado and she's planning on doin it again. so how do i stop the warrant and pay child support regularly?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Have you been contacted by the court or the state with respect to the warrant or is this just what she is telling you?

Is she receiving state aid and the state receiving the support?

Is all of this in Colorado?

Are you required to have your support taken out of your pay or do you pay directly?

If you pay directly who do you pay the money to?

Customer: replied 5 years ago.
I have not been contacted by the court or state in respect to the warrant, my ex told me this yesterday. She was receiving state aid in California. i have not made a payment in about 1 year and 7 months but honestly i had no work and i was looking for work at least 3 days a week "for a couple hours" i had to do it in order to receive TANF i just couldn't get a job. When i was working they would take out money from my check directly and when i was unemployed they took it from unemployment. but i would go do odd jobs and give her 50 dollars here and there but i would buy the kids clothes and toy's when ever i got a chance and send it to california. probably not the smartest thing to do. and yes this is all in Colorado except her state aid in California
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - You need to verify if there is a warrant form the court so you don't get arrested which would obviously be a problem with your work. If there is no warrant then you need to make certain that the payments resume asap to avoid a problem. If thee is a warrant you need to make arrangements to appear in court and resolve the situation. Since you are employed and can resume making some payments the court is not likely to put you in jail just to start the process all over again. Obviously I cannot guarantee the outcome of any court case so I have no way to assure you that you will not be put in jail but I do know that the odds are far greater that you will go to jail if you allow the police to pick you up on a warrant than if you appear on your own and resolve the problem.

So the first thing you need to do is find out if a warrant exists and then proceed accordingly. The warrant would have to be in CO in order to have jurisdiction.

Customer: replied 5 years ago.
Okay so would it be better to contact the court , or contact the child support agency?
Expert:  Dave Kennett replied 5 years ago.
I would first contact the support agency and ask exactly where you stand and inform them of your new job. If they say there is a warrant then you need to contact the court to get that resolved. It obviously wouldn't hurt to call the court as well just to make certain. The last thing you need is to be arrested on an outstanding warrant and then lose your job.
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Customer: replied 5 years ago.
okay thank you so much, you know i was also working on a letter to give the judge, my wife had spoken to a police officer and he was kind enough to let her know what judge to talk to, but do you think if i wrote a letter to the judge and have my wife take it to him on monday when he's in office, it might help diffuse the situation, i guess my fear is going to talk to the judge and being arrested on sight, losing my job will just throw me back in the system, over and over again. and the cop also said to give at least one full payment and the warrant could be lifted i dont know how true that is, and should i instead use that money for a lawyer? can a lawyer take care of the warrant without me having to go to jail if we could prove i got a job? and that i will make payments? and you being a lawyer is it really in anybody's interest to put a father in jail/prison for about 6 months and than have them come out and owe a larger sum of child support, and doesn't that just set people in my situation up for failure, i was reading an article on failure to pay child support and the reason why fathers/mothers go to jail is because they are in contempt, really because they failed to follow instructions giving by the court, so is it really about the will being of the kids or does it all come back to money? Since she had state aid, do i know have to pay the state back? and one more thing i dont know how true this is but, my ex told me she didnt want the warrant she said the child support agency did it with out her wanting to, can that be true? she said she went in there and told them she wants to close the child support case because me and her have an agreement, now that she is back in colorado and i have a job she would rather i cut her checks, and in return she would remove child support as long as im part of my kids life, and she would do it to help me get my license back in order for me to get a raise at my job, ( i think it might be BS) but does she have the power to do any of that, could she close the child support case and stop the warrant? sorry for so many questions but this is my last one just wanna have some sort of closure (peace of mind)
Expert:  Dave Kennett replied 5 years ago.
You can't trust the cops to give accurate information as they are not lawyers and really should not be offering legal advice although I know the officer was just trying to be nice. I never advise anyone to write letters to judges. If the judge thinks you are simply trying to avoid appearing in person you are much more likely to be arrested than if you appear on your own. Any payment of support will show you are trying to solve the problem so whatever you can pay will not hurt. Your ex is correct that the child enforcement agency probably issued the warrant especially if she is receiving state aid. DO NOT make any payments directly to your ex since they will not be counted by child support enforcement and you will end up paying twice.Anything you give her directly will be deemed as a gift and not count toward your support obligation.

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