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What should I anticipate at the child support arraignment?

San Jose, CA |

I missed almost a year of payments due to changes (i.e. sickness & unemployment) in my life. Prior to this for 6 years and for the past 5 months, I haven't missed any payments. Child Sypport Services didn't follow up with an income withholdings order after requesting it from my former employer. As such, I'm now being charged with 12 counts (i.e. 1 count per month) of contempt of court order. I had Court on 10/23 but requested and was granted a continuation because I live almost 500 miles away and didn't have transportation nor funds to travel to Court then. However, per Child Support Service's and the other parent's request a $25,000 bench warrant was issued and stayed until the next Court date, of which I do plan to attend. What should I expect in this matter. My record is clean.

Attorney Answers 1

  1. This is a VERY fact-sensitive question. You NEED to get a lawyer to defend you. If you are indigent, then ask the court to appoint an Independent Defense Counsel for you. They will refer you to the Independent Defense Office, who will do an intake to see if you qualify for representation.

    If not, then you had better hire someone good to defend you. You may have legitimate defenses, but they need to be presented in the proper manner in order to help you.

    Stakes are high, since you could potentially go to jail.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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