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What is the quickest way to get a warrant for a child support default?

Sterling, IL |

I have a court order for child support from San Diego County in California. My daughter and I moved back home to IL in 2006 so they are now the "enforcers" of the order through the IL Child Support Agency. Her father moved from California to Phoenix, AZ. However besides one wage garnishment that lasted 3 months until he quit neither state is doing anything. He currently owes over $110,000 in arrears and hasn't made a payment since 5/2012. How can I get an arrest warrant served as AZ said they only enforce their own county orders?

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Attorney answers 3

Posted

You're right about one thing: " . . .neither state is doing anything." The time has come to hire an attorney for enforcement. Many will handle support enforcement on a contingency basis, but you'll have to either have a lot of info on his income / assets; or pony up enough money to allow an attorney to do some discovery -- like pull a credit report or search for bank accounts, assets, and employers. Arrest warrants and D/L suspensions are part of the process.

Make some calls.

Wes Cowell
312-987-9999

Asker

Posted

Would it be better to hire an atternory here in IL where I live or in AZ where the warant needs to be?

Wes Cowell

Wes Cowell

Posted

First of all, do an assessment of whether this guy is a legitimate bum and has no assets, or if he's got some assets that are worth going after. If he's a legitimate bum, throwing him in jail won't accomplish much except to have wasted your time and money. So, remember to try to trace his wealth BEFORE you go off on a goose chase. You should move your case from California to Illinois. Then, under a "uniform law" (AZ has this same law on its books), the courts in IL handle your side and a court in AZ handles the stuff out there. You should have an attorney in IL help you with this. Once you get your CA case in IL so you can do things with it, you can register it in AZ. There, the State's Attorney will handle things and, with your IL attorney's help, you'll probably be able to keep the case on the front burner. Back in IL, you'll want simultaneously to try to get the State (IL) to bring criminal charges against him. If you can get that, (it's not impossible), then you can seek "interstate rendition" (this involves the Governors of each state -- not so easy). That's how you get him in jail. The bottom line is this: it'll take money to get this money from him. Does he even HAVE the money to get, or will you just be frustrating yourself?

Asker

Posted

Well, I am not 100% sure what assets he has but his facebook page has to motorcycles that a local shop owner said are worth about $40,000 and $15,000. A boat that is worth approx $200,000. And nice looking house according to the address I dug up and google earth shots. Unfortunately I am not close enough to check all this out myself but it seems like he is living a pretty comfortable life out west. Is there a way to do an asset search?

Wes Cowell

Wes Cowell

Posted

Okay -- you're getting warmer. You really should work with an attorney. Start in IL to get things rolling and then focus on finding the assets. Your attorney is going to help you figure in whose name the bikes are titled, and liens on the bikes, how is the home titled, what does the AZ homestead exemption law say, etc. Again, you really should make some phone calls to some attorneys who can help. Wes Cowell 312-987-9999

Asker

Posted

Thanks for the help. Do you handle cases like this often? And if so what would something like this cost on my end should I retain your services? I'm trying to decide if this is something I should even persue, while it is 100% wrong what he is doing to our daughter I hate to spend thousands of dollars and end up only getting $50 or something out of him.

Wes Cowell

Wes Cowell

Posted

The rules of this site don't allow me to answer those sorts of questions, here. Again, YOU NEED TO MAKE SOME PHONE CALLS: Wes Cowell 312-987-9999

Posted

Contact an attorney in the AZ county where the father lives. Get a lawyer with experience in these matters.

Posted

See my answer in your other thread.

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