Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Child support (https://www.askmehelpdesk.com/showthread.php?t=67785)

  • Mar 1, 2007, 04:17 PM
    shannonboo
    Child support
    My husband received a ticket for simple possession . This is his first offense however,
    Our concern is that he is behind in his child support and although they ran him for warrants on the scene and found none that when he goes for his court date that he
    May be served. Do they run for warrants again before the court date and if so do they run
    From a different data base than the officers did that day?
  • Mar 1, 2007, 08:53 PM
    Kstar4u
    Quote:

    Originally Posted by shannonboo
    My husband received a ticket for simple possession . This is his first offense however,
    Our concern is that he is behind in his child support and although they ran him for warrants on the scene and found none that when he goes for his court date that he
    may be served. Do they run for warrants again before the court date and if so do they run
    from a different data base than the officers did that day?

    I'm not an attorney but I've had a similar experience. In California, a court judgement for child support is a civil action. I believe that it only becomes criminal when the parent that is supposed to receive the support is on "public support" (welfare) or has been, for any period that support was to be paid, and the child support funds are meant to re-imburse the agency that granted the support payments. I could be wrong here... remember... I'm NOT an attorney. Also... I think it's only a criminal offense if the supporting parent can (or has avoided) making those payments but doesn't. Good luck.
  • Mar 1, 2007, 08:56 PM
    Fr_Chuck
    Child support is one of the few civil court issues that can end you up in prison, ( about the last of the debtors prison issues)

    Being behind in child support is not criminal, at least until the judge orders him to pay and he get so far behind that an warrant would be issued,

    Once a real warrant is issued, it shows up on the same data.

    The two events, a drug charge and a non payment are not related and have little effect on each other
  • Apr 18, 2007, 07:20 PM
    wynelle
    So he can afford to buy dope, but can't afford to feed his children? Better hope the ex-wife doesn't find out, because if she shows up with her attorney to make negative comments, it will influence sentencing.

  • All times are GMT -7. The time now is 02:01 PM.