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Child Support Warrant

Criminal Law Discussion Forum

Child Support Warrant

Postby Alexander » Tue Dec 06, 2016 6:49 pm

Hello, I have a family member who was picked up in Ohio six days ago for a warrant for child support. The warrant is from Michigan. From my understanding Michigan is making all past due child support a felony warrant. He has been in the county jail for six days and was told Michigan had as long as they wanted to come get him because it is a felony. Is this possible? It's seems very unfair especially because he is in the process of asking for a lower child support payment because he switched jobs and make 1/5 of what he did. What are his rights? Shouldn't he have some sort of court date or something. To make matters worse I can not get any help from his child support lawyer here in Ohio.

Thank you for any help you can give me.
Alexander
 
Posts: 42
Joined: Fri Mar 07, 2014 3:28 pm

Child Support Warrant

Postby Frithuric » Tue Dec 13, 2016 6:52 am

Marie,

Sorry about the problems your brother is having.  Michigan does on occasion seek felony charges on persons who are substantially behind on child support.  He was arrested in Ohio so he is entitled to a extradition hearing.   At this hearing he is given the option of contesting extradition or waiving extradition.  Fighting the extradition obviously extends the process.  Waiving the extradition put the clock on Michigan to respond.  Just because he is a fugitive does not make him ineligible for bond so he should have had a bond set. Next question is how long till Michigan picks up.  There is nothing set in stone as each state, county will be a little different.  Sometimes the courts will step in and say that the requesting state has X number of days. I know of one case where the holding state would only detain for 48 hours.  Other cases  have been 10 to 15 days.  A child support lawyer may not know anything about extradition law as it is criminal.  Since Ohio is an adjacent state the probability of Michigan bringing him back is pretty good.  He should have had a court hearing and there should be a time limit determined by Ohio how long they will hold waiting for Michigan to act.

Hope this explains and pretty complicated procedure

good luck

robin
Frithuric
 
Posts: 35
Joined: Mon Mar 17, 2014 10:56 am

Child Support Warrant

Postby cumhea80 » Tue Dec 13, 2016 6:56 pm

Hello, I have a family member who was picked up in Ohio six days ago for a warrant for child support. The warrant is from Michigan. From my understanding Michigan is making all past due child support a felony warrant. He has been in the county jail for six days and was told Michigan had as long as they wanted to come get him because it is a felony. Is this possible? It's seems very unfair especially because he is in the process of asking for a lower child support payment because he switched jobs and make 1/5 of what he did. What are his rights? Shouldn't he have some sort of court date or something. To make matters worse I can not get any help from his child support lawyer here in Ohio.

Thank you for any help you can give me.
cumhea80
 
Posts: 60
Joined: Sat Oct 06, 2012 11:00 am


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