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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If I I have a warrant -payment of child support and have

Customer Question

If I I have a warrant for non-payment of child support and have been given a purge amount. Is there a possibility that I can petition for a Writ of Habeas Corpus if I have passed my time to appeal?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can try for a habeas corpus, but they are rarely effective in a child support case like this unless you have actual legal basis to prove support is not due or has been paid. So, if you have evidence the support is not owed or has been paid and the warrant was issued anyhow, then Habeas is the only remaining relief available and can be filed.

Customer: replied 1 year ago.
My concern is how they would be able to incarcerate me when I don't have the ability to pay. I have to be able to comply with the purge amount, right?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

They can incarcerate you on the warrant I am afraid if you cannot pay the purge amount. However, if you can show the court that you cannot pay the amount and that incarcerating you would cause you to lose your employment and ask for a reasonable payment plan based on your income, most all courts will recall the warrant and would set a payment plan rather than have you lose your job and not be able to pay at all.