This is the next post in my series on dealing with arrest warrants issued in Las Vegas, Nevada due to the non-payment of child support. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if a warrant has been issued for your arrest. It is important to speak with counsel immediately as an outstanding warrant can result in arrest, the suspension of driving privileges, and more. In this article, I will discuss the process of dealing with a warrant that was issued under an existing child custody case. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
The Clark County Family Court May Enter An Arrest Warrant After A “Show Cause” Hearing
Any child custody order issued by the Clark County Family Court will include a provision for the payment of child support from one parent to the other. Such a provision is required under Nevada law. This means that if a parent fails to meet their obligations, then they are in violation of a Court order. When this occurs then the parent not receiving support may file a Motion For An Order To Show Cause. The Motion will include a breakdown of the amount owed. The Court will then schedule a “Show Cause” hearing at which the non-paying parent will be required to appear and state to the Judge why they should not be held in Contempt of Court. At this hearing, the Judge has the authority to jail the non-paying parent. Incarceration, however, is typically a last resort as the Court’s goal is to gain the payment of the support.
The Court may issue an arrest warrant for the non-paying parent if they fail to appear for the Show Cause hearing. This means that the non-paying parent can be arrested if they are stopped by law enforcement or attempt to board an airplane. If an individual is arrested, then they will be brought before the Court, and release will often be within the discretion of the Judge. The most common way in which a warrant is handled, however, involves the filing of a Motion to Quash the warrant. Such matters can often be heard quickly. As part of quashing the warrant, the non-paying parent will typically agree to a payment plan for owed support and will also agree that all future payments will be made on time. As long as the payment agreement is honored, there will typically be no additional problems.
The foregoing is best explained through an example. Suppose Joe Father has a custody order which requires him to pay the mother $400 per month for child support. He is twelve months in arrears, for a total of $4,800 ($400 x 12). The mother files a Motion for an Order to Show Cause. Joe does not respond to the Motion and does not attend the hearing. The Judge holds Joe in contempt of court and issues a bench warrant for his arrest. Joe quickly realizes the gravity of the situation and retains an attorney. Counsel files a Motion to Quash and requests a Shortened Time so that the matter may be heard quickly. At the hearing, the Judge quashes the warrant and Joe agrees to pay $200 per month towards the unpaid child support until it is paid in full. He also agrees to be on-time with his monthly $400 payment going forward. While it must be remembered that the Court’s rulings will always depend on the facts of a case, this example shows how such matters may be resolved.
Contact a Las Vegas attorney immediately if you owe child support arrearages
If you or a loved one owe child support arrearages then it is important that you speak with an attorney as soon as possible. Counsel will assist you with presenting the best possible case to the Court. Also, retaining an attorney helps to establish the serious nature with which one is taking the matter. As a Las Vegas child support lawyer, I am able to assist with such matters. My office prides itself on providing a high level of service and we look forward to speaking with you. Contact us online or by telephone today.