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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102358
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is a person has been out of the counry than 4 years and have

Customer Question

is a person has been out of the counry for more than 4 years and have not paid child support what happen when she comes back to the country
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

1) What state is this in?
2) Do you know if the other party or the state has filed a motion to compel/enforce/for contempt against the non-paying person? Or, not sure?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
State of California, I do not know if the other party has filed a motion
Expert:  Ely replied 1 year ago.

Thank you. If the other party has not filed a motion to compel/for contempt due to failure to pay child support, then the court may have issued a bench warrant for contempt for not paying.

However, the federal warrant database (NCIC) and the immigration database (NAILS) do not generally contain state warrants for such warrants. This means he could likely enter the country without issue. But, while the person may not be "flagged" while coming into the country by federal officials, they may be arrested in CA by a CA police officer for during a routine traffic stop, for example. (However, I do hear of cases where individuals with civil bench warrants do get arrested when coming back into the country. As such, it is best that he first use an attorney to clarify if a warrant is out for his arrest.)

If it is not (meaning if the other party never filed a motion to compel/for contempt and the Court never issued a warrant), then, he should be able to enter without an issue. and move around CA without an issue.

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