This is the next article in my series on arrest warrants issued in Las Vegas, Nevada child support cases. My last article discussed how Courts issue warrants over the non-payment of child support. Such warrants are often issued due to one’s failure to appear at a “show cause” hearing. If you have been summoned to such a hearing then it is strongly suggested that you obtain an attorney to assist you. In this article, I will be discussing the process of quashing an arrest warrant after it has been issued. If you or a loved one are in need of assistance then contact my office to speak with a family law attorney.
The issuance of an arrest warrant can lead to serious and immediate problems. First, and obviously, one can be arrested if they are pulled over or otherwise stopped by law enforcement. Second, one will not be able to board an airplane as they would be immediately arrested by TSA agents during screening. Other consequences include the likely suspension of driving privileges and more. Also, while not related to the warrant, one can expect their wages to be garnished during this time.
The first step in quashing a child-support related arrest warrant is to file a Motion with the Family Court. This Motion will request that the warrant be quashed and will propose a repayment schedule for past-due child support. It is possible to ask that this Motion be heard on “shortened time,” which is a request that the Court may or may not grant, depending on the circumstances. If the Court grants shortened time, then the Motion will likely be heard within a few business days. If the request is denied then the matter will likely be heard in four to six weeks. As long as the non-paying parent attends the hearing, and promises to make payments going forward in addition to following a plan to catch up on back support, the Judge will likely quash the warrant.
It should be understood that the judge is likely to quash the warrant as long as it appears that the non-paying party is going to make an effort to meet their obligations. The Court’s goal in such situations is to ensure that child support is paid – the goal is not to jail parents. Courts will typically only issue arrest warrants when it appears that there is no other option to secure payment. A parent’s failure to appear at a show cause hearing is proof that there is no other option.
If you or a loved one are facing an arrest warrant for the non-payment of child support then it is important that you contact an attorney as soon as possible. Even if an individual is arrested, they will continue to owe the child support which led to the warrant’s issuance. By being proactive, one can avoid arrest and get their life back on track. I am a Las Vegas family law lawyer who handles child support cases. I am able to assist with such matters. If you are in need of assistance then contact my office online or by telephone to schedule an initial consultation. My office serves those who reside in southern Nevada, including residents of North Las Vegas, Henderson, and Boulder City. We look forward to speaking with you.