QUESTION

If I have a warrant for my arrest for child support how can I resolve that and have the warrant lifted so I don’t have to look over my shoulder

Asked on Apr 25th, 2019 on Child Support - New Jersey
More details to this question:
I’m behind in my child support like 37 hundred bucks for a bunch of different reasons and I just started working again and if I go to jail then I lose all my progress and im back in the hole so how can I get the warrant lifted do I just go make a payment
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1 ANSWER

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
Thank you for your question. Unfortunately there is no easy way to resolve the warrant but you must do so. You can turn yourself in by reporting to the county sheriff’s office and telling them you want to surrender on a child support bench warrant. Otherwise, you will be subject to arrest at any time that a member of law enforcement stops you and discovers the bench warrant.   By surrendering yourself it gives you some control over the process, it gives you the chance to bring documents you may need with you, and you may be able to do so in a fashion that you can be heard that day and have the judge lift the warrant for a lesser amount than owed in back support, which is called the purge amount.  The court may then set a date for you to appear before it for an ability to pay hearing, or you may be told to file a motion to have the amount adjusted to something you can pay in order to avoid future warrants.   If you surrender at the sheriff’s office, be sure to take your document evidence with you. While you are held awaiting the hearing, they will hold your papers. Make sure you tell them you will need them for the hearing. They will provide them to you in court. If you do not plan to surrender, you should still gather you document evidence. Try to arrange for someone you know to bring your document evidence to court if you are arrested on the bench warrant.   Please keep in mind that if you surrender you will be processed and held until a Family Part judge is available to conduct a hearing. This may take up to 72 hours, but it usually happens sooner. In most counties, hearings are held every afternoon (Mond–Fri). Many parents subject to a child support bench warrant choose to surrender to the sheriff’s office first thing in the morning, hoping to be processed in time to have a hearing that afternoon. Many parents also avoid surrender on weekends and holidays because the court is not open, and on Fridays or the day before a holiday because if you are not processed in time to see a judge that afternoon, you will remain in county jail until the next regular court day.    Although it may be difficult, you may also try to call probation to see if there is a time to go surrender yourself that will allow you to be processed and a purge amount set immediately before the judge.  Please also consider consulting with an experienced family law attorney who may have additional advice for you based on all of you circumstances. 
Answered on May 02nd, 2019 at 12:30 PM

The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.

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