This is the next article in my series on the handling of child support related arrest warrants in family law cases. My last article addressed the question of “can I go to jail for not paying Nevada child support?” The answer to this question is “yes.” It should be understood, however, that the Court will often issue a warrant only if it appears to be the sole way to secure payment. An attorney can assist you with determining how the Court may proceed in your given situation. In this article, I will discuss when a Family Court Judge may issue a warrant due to unpaid support. If you or a loved one are in need of assistance then contact my office today to speak with a Las Vegas family law lawyer.
Judges will not issue an arrest warrant in an existing Family law case unless the matter of unpaid support is raised by the other parent. This process will begin when the aggrieved parent files a Motion for an Order to Show Cause with the Court. This is a request that the other party be held in contempt. The Motion will include a breakdown of the amounts owed. The Court will hold a hearing and, absent a justification by the other side, a Show Cause hearing will be scheduled. The Court, as previously discussed in this series, will rarely go straight to the incarceration of the non-paying parent; the Court’s goal is to gain compliance with its orders. Once another party is held in contempt, the Court will typically give them a deadline by which payments must be received and the Judge can also be expected to schedule a status check.
If, at subsequent status checks, it becomes clear to the Court that the offending parent will not pay, then the Court will impose a jail sentence. Often, the Judge will give the defendant a time by which they must surrender themselves at the Clark County Detention Center. If the non-paying parent does not surrender themselves, then the Court will issue a warrant. If the non-paying parent simply fails to appear at Court proceedings, then the Court will likely issue a warrant at that time. The issuance of a warrant will mean that if the individual is pulled over by police then they may be arrested. Also, they will not be able to board a plane or engage in any other activity which requires them to go through a security check.
If the offending parent wishes to avoid going to jail then they must file a Motion to Quash the Warrant with the Court. The Court will often hear such matters quickly. Any Motion to Quash must typically be accompanied by a plan as to how the offending parent is going to get caught up on their child support payments. If the Court is satisfied then the Judge will quash the warrant and set an additional status check.
It is important for non-paying parents to understand that the Court takes such matters very seriously. Likewise, if you are not receiving Court ordered child support then it is strongly suggested that you speak with an attorney as soon as possible. I am a Las Vegas family law lawyer who is able to assist with child support matters and child support arrears. I understand that this is an important time for the parties involved and my office works to provide a high level of representation. Contact us online or by telephone to schedule an initial consultation. We look forward to speaking with you. We also serve southern Nevada residents from North Las Vegas, Henderson, Boulder City, and Summerlin.