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Bench warrant


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littleblackheart

No advice as I have no clue what a bench warrant is. Not an ideal situation for you or your kids - sorry you're having to go through it, and to still be somewhat party to your ex's drama.

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Happy Lemming
They will not go to the house...unless it is some special action where they get a grant to round up deadbeat parents..etc. They will not act on a tip, they will make no effort to find him.

 

When Joe Arpaio was sheriff, he used to do an annual "round up" of deadbeat Dads. I always thought it was more for "public relations" and the news cameras.

 

https://www.azfamily.com/sheriff-s-deputies-round-up-deadbeat-parents/article_31523b15-a3e8-56dc-b520-0767060400cd.html

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Okay, thanks guys. In case I wasn’t clear, the exH owes me a bunch of money for child support. He didn’t show to the court hearing. The hearing officer issued a warrant and stated that for him to be released he’ll have to pay what he owes.

 

Will they send a sheriffs officer out?

 

I figure someone had to have this happen to them or know somebody this happened to, right?

 

Pretty sure they don’t have child support debtors prison in NJ.

 

The warrant was issued to get your Ex back in court. They may send an officer to his address one time to attempt to arrest him. The warrant will be entered in the criminal data base and if/when he comes across law enforcement.

 

The bench warrant may have been issued without bond. That means he will be in jail maybe a few days until court. People in jail do not earn money and lose their jobs. The court will release him rather quickly. It is likely his drivers license will also be suspended until he pays.

 

I would not be expecting money anytime soon.

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Bench warrant means if he is stopped, he will he held on that warrant and brought before the issuing judge.

 

I doubt they’ll seek him out.

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He didn’t have the warrant issued for not paying. He had the warrant issued for failure to appear at a court hearing.

 

On the copy of order that I received it has the box checked for bench warrant issued for failure to appear with full arrears (money he owes me) as purge.

 

So he won’t be arrested for non-payment. He’ll be arrested for not showing to court for non-payment, if that makes sense. He disrespected the court and wasted their time. That’s what they’ll arrest him for but indirectly I’ll get paid if he ever wants to get out since they’re the terms of his release.

 

He’s not a very nice guy. He’s been arrested for assaulting a police officer before. That was when we were married and the State of New Jersey took away his professional license for that.

 

I may go the private investigator route. Unless he’s very smart, which I don’t think he is considering how easy it was for me to murder him in the divorce that he never even saw coming, he shouldn’t be too hard to find.

 

But if he’s had any brush with the law I’m sure he hasn’t made a good impression. There may be some out there who will come across his name and would love to go out of their way to try and nail this bastard.

 

And if he was high on drugs that would be a really bad impression he’d be making. That’s when all his really crazy crap comes out.

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I would not be expecting money anytime soon.

 

I'm not expecting anything really. Yesterday I went in there expecting to have the monies reduced if not have this case closed altogether. I really didn’t know what to expect. Our kids are older now. They’re both still at home but they both hold jobs while going to college so I truly had no expectations of having the amount being left unchanged. As it is it hasn’t been changed, he’s still racking up the same amount every week and the case remains open.

 

@wallybears

 

Usually they don’t want paying parents in jail. The court would have taken my view into consideration if I opposed his incarceration for the very reasons you had stated. I didn’t though. I fully accepted their recommendation to proceed with the warrant.

 

I guess I’m just going to have to see what happens.

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if he is in arrears for monies owed, there are services available who have ways to get the money for you. I used one one time on a judgement, and I knew the party had no intention of paying me. So, I hired this service (can't remember what they are called) for a small fee, and the next time the party was payed from their work, the money was immediately garnished from their bank account. One of the best services I ever employed.

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I'm just wondering how him being locked up in jail is going to help him pay? Doesn't seem like the best way to get the money. Now he'll owe the court/system big $$$s too.

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I may go the private investigator route. Unless he’s very smart, which I don’t think he is considering how easy it was for me to murder him in the divorce that he never even saw coming, he shouldn’t be too hard to find.

 

With the fact that the kids are grown there has to a cost benefit to all this that outweighs the bad.. meaning is it worth it...

 

I know the window is small that you can go back.. maybe till the kids are 21 ??? Is it worth the emotional turmoil to go thru this being he probably won't pay you anyhow..

 

I know I would walk away from it all knowing that he is one eff'd up mofo and wouldn't get any of the brains though time thinking about it..

 

Is there a cost benefit to you that makes this worth it ?

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I'm just wondering how him being locked up in jail is going to help him pay? Doesn't seem like the best way to get the money.

 

 

Being locked up doesn't give incentive. Staying out is where the incentive comes from.

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Is there a cost benefit to you that makes this worth it ?

 

Yes there is. College tuitions. As per our divorce settlement agreement we are each to contribute to those costs. As of right now it’s only me paying. So the price we’re talking is tens of thousands and I think it’s worth a shot.

 

I don’t know if I’ll ever get that back and really it’s fine if I don’t, I’ll manage, but I think I should at least try to get half back.

 

We aren’t even at that point though. Right now it’s only overdue weekly child support that caused them to step in. He stopped paying in November but it really adds up fast.

 

He also owes half of some medical bills but they’re small time compared to college expenses. If it was just for that I wouldn’t bother at all.

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So the price we’re talking is tens of thousands and I think it’s worth a shot..

 

 

In most places nowadays there are child support enforcement agencies, funded by the taxpayers,that do all the work for you. All you gotta do is fill out the form, and sit back and wait while they hunt him down, garnish his pay, invalidate his passport, suspend his driver's license as well as any other business licenses such as contracting or medical or professional, and/or throw him in jail.

 

 

 

It's worth it even for $100. If only on principal.

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In most places nowadays there are child support enforcement agencies, funded by the taxpayers,that do all the work for you.

 

I’m already in that system. My attorney had me set it up that way during the divorce. Many times over the years my exH asked me to withdraw from the program and do a gentleman’s agreement where he’d pay me directly but there was just no way I’d ever do that. I wouldn’t have seen a dime for the past ten years!

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there was just no way I’d ever do that. I wouldn’t have seen a dime for the past ten years!

 

 

Smart move. There could only be one reason why he'd have asked you to do that.

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It amazes me how many women get talked into that! I guess they're hoping to get back together or they wouldn't do it. Lots less tension just to have the state handle it. Plus, I've seen where men will come back asking for money and say they've paid you tens of thousands of dollars when they haven't, just trying to reverse the situation -- and if the state isn't handling it, what proof would you have?

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Plus, I've seen where men will come back asking for money and say they've paid you tens of thousands of dollars when they haven't .. and if the state isn't handling it, what proof would you have?

 

 

In a situation like that, where the man is coming back and saying they've paid 10's of thousands when they haven't, it isn't up to the recipient mother to prove it hasn't been paid, it's up to the payor father to show proof of payment via checks or bank statements or whatever.

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It’s exactly why I kept it that way. I like having a third party overseeing it all and keeping accurate records.

 

It really made my life easier which in turn made the kids’ lives easier.

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Bench warrant usually means police won't make it a high priority to hunt him down. They will wait until they have some reason to interact with him such as a minor traffic violation.

 

It is at the Judge's discretion. Apparently the Judge feels it won't take long for him to turn up. Usually those who have an outstanding warrant will inevitably run into the police for some other reason.

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Why do you think the guy would stop paying? Do you think he might have lost his job?

 

I’m not sure. Back in the fall our case manager called me and told me the case was currently “unenforceable” . I had reached out to them prior to see if they could compel my ex to obtain healthcare coverage for the kids like he’s suppose to do. She wasn’t able to tell me why it wasn’t enforceable but gave me a few examples as to why it could be. “Incarceration, surgery, rehab” were the ones she stated. She told me not to look for it to become enforceable again for a few more weeks. I was still getting money at the time but that stopped shortly after our phone conversation.

 

If he has gone to drug rehab I’m almost certain it was court ordered and he used it to get out of a jam rather than going there voluntarily.

 

I guess if he’s been in trouble he no longer has a job especially if it’s drug related but I don’t know. There may be discrimination against that and they’d have to hold his position open so maybe he broke the law another way.

 

I honestly have no idea what’s going on with him.

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I honestly have no idea what’s going on with him.

 

do you think he may have some type of undiagnosed mental illness?

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do you think he may have some type of undiagnosed mental illness?

 

What gave you your first clue?

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