What Can I Do About a Child Support Default Judgment and Bench Warrant?

Question from Don, What Can I Do About a Child Support Default Judgment and Bench Warrant?

Answer from AI:

If you have a child support case that was opened without your consent and you have been placed in default judgment with significant arrears, it is crucial to understand your options and the steps you can take to address the situation. Here’s a general guide to help you navigate this complex issue.

Understanding Default Judgment and Bench Warrants

A **default judgment** in a child support case typically occurs when one party does not respond to a legal action or fails to appear in court. This can result in the court making a decision in favor of the other party by default.

A **bench warrant** is a type of arrest warrant issued by a judge when someone fails to comply with a court order, such as appearing in court or paying child support.

Steps to Address the Situation

If you find yourself in this situation, consider the following steps:

1. Consult with a Legal Professional: Given the complexity and potential consequences of your situation, it is highly recommended to consult with a family law attorney. They can provide personalized advice and help you navigate the legal system.
2. File a Motion to Set Aside the Default Judgment: You may be able to file a motion to set aside the default judgment. This typically requires showing a valid reason for not responding or appearing in court initially. Common reasons include not being properly served with court papers or having a legitimate excuse for missing the court date.
3. Address the Bench Warrant: To address the bench warrant, you may need to appear in court voluntarily. An attorney can help you arrange this and may be able to negotiate terms to avoid arrest.
4. Negotiate Payment Plans: If you owe significant arrears, you might be able to negotiate a payment plan with the court or the custodial parent. This can help you manage the debt and avoid further legal consequences.
5. Seek Modification of Child Support: If your financial situation has changed since the original order, you can request a modification of the child support order. This requires demonstrating a substantial change in circumstances, such as a job loss or significant decrease in income.

Legal Resources and Self-Help

There are several resources available to help you understand and manage your child support case:

• Federal Office of Child Support Enforcement: Provides information on child support laws and resources.
• Legal Services Corporation: Offers free legal aid to low-income individuals, which can be helpful if you cannot afford an attorney.
• State Court Self-Help Centers: Many states have self-help centers that provide forms and guidance for handling child support cases.

When to Seek Legal Advice

Given the serious nature of default judgments and bench warrants, it is crucial to seek legal advice as soon as possible. An attorney can help you understand your rights, represent you in court, and work towards resolving the issues in your case.

Remember, this information is intended to provide a general understanding of the legal process. For personalized advice and assistance, always consult with a qualified legal professional.