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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16720
Experience:  Experienced Licensed Attorney
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I'd like to know if I can remove a Capius (family court

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I'd like to know if I can remove a Capius (family court bench warrant) without appearing in court. Is it possible to send a lawyer to represent me without going with him and have it removed? I live in Philadelphia and cant get to Boston easily.
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: This is in Massachusetts.
JA: Has anything been filed or reported?
Customer: Filed or reported for what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello. My name is Alex.

Thank you for your question.

I will be happy to provide you with information you are seeking for educational purposes only.

Why was the warrant issued by the family court?

Customer: replied 5 months ago.
I was in Utah for the last court date that my ex wife initiated and I could not travel to Boston for financial reasons. Thus, I did not appear and the warrant was automatically issued.

Thank you for your follow up.

Why did your wife initiate family court proceedings? Are you behind on child support?

Please explain.

Thank you.

Customer: replied 5 months ago.
I had been behind, but I've paid thousand of dollars since. I have not worked in 4 years. I recently qualified or SSDI and am receiving monthly payments. BUT, she managed to have $1500 of my $2300 payment garnished and paid to her through the MA DOR. Additionally, I received a large payout on my pension last fall and she was also able to levy $15,000 from my bank account. Finally, as a result of my SSDI, she recieved $10,000 in back payment for my two kids and also receives a separate ongoing payment from Social Security in the amount of $1100 per month for my two kids. She's making a killing and I'm living in poverty due to my disability. I obviously need to file a modification as well, but haven't yet.
Customer: replied 5 months ago.
She receives the $1500 every month, which is taken out of my $2300 monthly payment, leaving me only $800 or so to live on.

Thank you for your follow up.

Unfortunately, generally, the court would require the respondent / parent who is delinquent on child support payments to appear in person in court before the warrant would be terminated, unless the respondent pays off the entire amount of delinquent child support, plus any interest or other court ordered costs.

I am very sorry to provide you with this badnews, but please understand that I do have professional obligation to customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and good luck!

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

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