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Bench warrant


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Old 20th March 2019, 1:15 PM   #61
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A bench warrant is simply an order from the court to bring someone in front of a judge, usually for failing to appear on a summons.

He will not be forced to stay in jail until he pays you.
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Old 20th March 2019, 1:30 PM   #62
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He will not be forced to stay in jail until he pays you.
You’re wrong. He has to post $4000 to get out if he were to be arrested. All that money would come to me.

The bench warrant is for his arrest.
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Old 20th March 2019, 1:33 PM   #63
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The police may be able to tell, with the right equipment, if he is licensed or not just scanning his plate or tolltag. Anyway, he's more likely to be caught if he's driving without a license. $40 isn't much but it's better than nothing, I guess. I guess the medical and education might have to be a lawsuit, and you'd have to decide if it's worth it or how to pay for it because if he is without money, the attorneys won't be able to get funds from him. But if he married a woman with money and there's not a prenup, maybe they can take her money, which won't that be an awful surprise for her, though.
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Old 20th March 2019, 1:59 PM   #64
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He may have put his vehicles in her name by now. He does that. Has his wives put things in their names then makes bad on the debt. If the car he drives now is in her name he wonít even show up if the tags are ran.

About the only thing that I can do is tip off child support about where he lives now. He may have gone in voluntarily though to make some sort of payment arrangement with them rather than run the risk of being arrested.

Iím just going to have to wait to see if child support kicks up again I guess. Itís been since November since heís paid anything.

That $40 a week is in addition to child support so about $160 a month. I know itís not much but I can treat the kids to a nice dinner out with it or something. Or even put it aside since I didnít think Iíd ever see it again to be honest.

Thatís probably the best thing for me to do. Save it.
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Old 21st March 2019, 10:34 AM   #65
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Youíre wrong. He has to post $4000 to get out if he were to be arrested. All that money would come to me.

The bench warrant is for his arrest.
No I'm not wrong. If he has 1,000$ in the bank and no other means of income do you really think they would keep him in jail for the rest of his life? Nope, it's unconstitutional. That's why wage garnishment is ultimately the strongest action the court can take along with taking tax returns and suspending a license. They can suspend a license to drive because operating a motor vehicle is a privilege, not a right.

Now if he has the money he can post the $4000 as court costs and fees (money owed to you). If he has the money and refuses to pay the court can take the money without his approval.
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Old 21st March 2019, 10:38 AM   #66
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If he has the money and refuses to pay the court can take the money without his approval.

What do you think happens to him if he can't pay the 4k bond ? they just let him go ?
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Old 21st March 2019, 11:15 AM   #67
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Yes, but with conditions. As I stated if he has the money h'll have no choice, if he doesn't then the court will enforce child support via garnishment through pay, tax returns, inheritance, lottery winnings, etc.

If you don't have the money and no income they can not keep you in jail to languish until your death.
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Old 21st March 2019, 12:09 PM   #68
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If he has past due child support, they will keep him in jail until he pays a certain amount in the state of NJ. They don't play in NJ when it comes to child support. He will be given a specific % to be released.
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Old 21st March 2019, 12:23 PM   #69
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He may have put his vehicles in her name by now. He does that. Has his wives put things in their names then makes bad on the debt. If the car he drives now is in her name he wonít even show up if the tags are ran.

About the only thing that I can do is tip off child support about where he lives now. He may have gone in voluntarily though to make some sort of payment arrangement with them rather than run the risk of being arrested.

Iím just going to have to wait to see if child support kicks up again I guess. Itís been since November since heís paid anything.

That $40 a week is in addition to child support so about $160 a month. I know itís not much but I can treat the kids to a nice dinner out with it or something. Or even put it aside since I didnít think Iíd ever see it again to be honest.

Thatís probably the best thing for me to do. Save it.
You should always update that agency on his whereabouts when you know them. It saves them the time and trouble, so they'll be glad.
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Old 21st March 2019, 12:36 PM   #70
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If you don't have the money and no income they can not keep you in jail to languish until your death.

Actually they do otherwise all criminals who owe bonds would be out free just because they don't have any money...it would negate the idea of a bond..

They jail them and work off an amount each day till they get out... I'd bet 4k would get him a min of 6 months
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Old 21st March 2019, 2:10 PM   #71
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Actually they do otherwise all criminals who owe bonds would be out free just because they don't have any money...it would negate the idea of a bond..

They jail them and work off an amount each day till they get out... I'd bet 4k would get him a min of 6 months
Why would the government let him work off his child support in the form of jail time?

Every jurisdiction may work differently on this stuff and states have different laws, I wouldnít rely on legal information from the people here when you have no idea what forms the basis for the advice.
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Old 21st March 2019, 2:51 PM   #72
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Failure to pay CS (child support) can land you in jail. Not showing up to court when youíve been told you need to appear because you failed to pay child support can also land you in jail. We live in New Jersey.

It seems he made a weekly payment yesterday through either garnishment or voluntarily. Iím not sure which. I hope it means heís now working but I have no idea. I online chatted with someone from CS yesterday and thereís still an outstanding bench warrant against him. Iím still unsure if the $40 extra is for money thatís accumulated since the court date he didnít show to or the full amount he owes since November, or if I can only get the first $4000 he owes back just if heís arrested. I guess I reached out too close to quitting time or something because the person on the other end of the chat abruptly ended the conversation at five minutes to four. Usually they ask if you have anything else they can help you with and I did tell her I had a new address for him but it seems like she couldnít be bothered with any of that.

She got a 2 out of 5 review.

I donít know what all this arguing about going to jail and posting back support for bail is about. I have a court order, signed by a judge, stating just that.

ďFull Arrears As PurgeĒ with the amount listed as of that date.
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Old 21st March 2019, 3:12 PM   #73
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You've done your homework, so just prod the system along. Hopefully you can get someone else on the phone when they're not ready to go home next time. You certainly have a right to whatever info they have as you are the injured party.

I have to believe if he does jail time still doesn't expunge his duty to pay if he ever works.
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Old 21st March 2019, 3:24 PM   #74
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You canít have that forgiven. You canít claim it in bankruptcy either.

About the only thing you can do is have it modified if you arenít earning as much as you once had. Heís never asked to have it reduced. Not once. But I think heís pretty much screwed there also. He signed our divorce settlement agreement stating that he was fully aware that the amount he was paying was more than what is required for him to pay.

Iím not sure how that got past his lawyerís approval but his attorney did say ďthat poor girlĒ in reference to me when my sister died about a month after I filed. His attorney also read my complaint for divorce. It didnít exactly put his client in a positive light so maybe that had something to do with it too.

Who knows? He may have tried to have it lowered in the past but by agreeing to those terms made it impossible to ever do so.

I donít care, it works for me.
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Old 21st March 2019, 3:25 PM   #75
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Why would the government let him work off his child support in the form of jail time?

They don't but they can with a bond or they just hold you over till court
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