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Who should I pay in this scenario - Child Support Arrears

San Jose, CA |

I got behind in child support in Ohio and there was a court date set for me to explain myself. My job relocated me to FL before the court date and I missed. Now I have a bench warrant for failure to appear and I can't return to OH. I can afford to pay 5-6 payments or retain an attorney in OH to try to get the warrant turned into a purge and pay that. I do not see the warrant in the Clerk's system online however and my fiance recalls The Court stating that "as long as the warrant is in their court it is a misdemeanor and if it goes to the Sheriff it can be a felony". Please advise me on what would be the best option for me to take; 1. Retain an attorney and sacrifice the CS that money could go to. or 2. Pay the money to CS and hope they remove the warrant without an attorney.

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Attorney answers 3


Hire an attorney on a limited scope, to negotiate a payment plan with the DCSS. You can try to negotiate with them yourself, but you have that warrant out there.

In order to help you with dealing with the warrant, I've added criminal defense to the practice areas.

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.


Post this in Ohio. In the meantime, drive the speed limit, be polite in bars, and don't do anything to draw police attention. Good luck.


The attorney option is the best as he can clear the warrant and possibly help with the arrears!

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.