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How do I squash a capias for unpaid child support?

Lebanon, NH |

There is a capias for my arrest for not paying $ 2K in arrears ordered a couple of months ago, but I paid the amount ordered last month in 2 parts: one in cash, and through my taxes. I had informed the court of this last month, but I was surprised today with the notice on the mail. How do I get the judge to see that I have paid and to remove the capias? I have a copy of the check and a copy of the notice from the IRS.

I not only paid that order, but I have been paying my support ever since (it's actually garnished directly from my salary).

All this trouble originated when I lost my job and had a hard time finding a new job. It cost me so much to find one and now this. I've heard that if I go to court in person, I might get arrested on the spot. I don't want to lose my job. HELP!

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Attorney answers 2

Posted

Go to court first thing tomorrow morning and file in Ex Parte motion asking the Court to find your child support is current and to cancel the capias. Attach proof of payment to your motion. The clerk will be able to help you with the procedure of filing. In your motion you should explain the urgency of the matter and the irreparable harm that could result if the relief you requested is not granted. The judge may wish to speak with you but it's more likely that you will get a ruling on the motion without a hearing.

Asker

Posted

But what about the possibility of getting arrested on the spot? Is this possible? If so, I would rather send my brother to file the ex parte.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Marie Nancy Sapienza

Marie Nancy Sapienza

Posted

Unless your brother is a lawyer he cannot file for you. You have two choices you can either wait to get arrested and then be required to pay the $2000 bail or file a motion to show that you have in fact already paid it. You can file a regular motion and hide out from the sherif for months while it's processed or face the issue head on. You'll be in no worse position if you get arrested tomorrow then if you get arrested a month from tomorrow. And if you truly have come current with all your child support arrearage then you don't have anything to worry about. But if there is any sort of arrearage left to be paid I would come to court with the money and be prepared to pay it.

Asker

Posted

He's not a lawyer and this makes sense. The arrears are higher than $ 2K, but I was only required to pay $ 2K. The rest is being garnished along with my child support every week. Thanks much. I am working on the motion and will file first thing tomorrow morning.

Asker

Posted

One last follow up, will my copies of the check and IRS be sufficient, or should I go to the local Chid Support office and get a copy of my payments to enclose to the ex parte?

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, your local attorney’s are usually the best source of advice, and their answers should be given the highest regard.

Posted

I'm not admitted in NH, but your question caught my eye as I've done a work on this issue here in NJ.

Actually, if I were you, my first call might be to a civil rights attorney. If they arrest you erroneously, you've probably got a lawsuit against the state - it depends on your state's law and various immunity provisions.

That said, the advice about going to the courthouse physically with a copy of the notice and proof of payment is probably the best way to quash it.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law.