Legal Question in Family Law in Kansas

my son graduated from high school in 2010. i owe child support arrears. is it true that the two year statute of limitations means i no longer owe that debt today? how do get the bench warrant for failure to comply dropped?


Asked on 7/11/14, 12:32 am

1 Answer from Attorneys

Anthony Smith LawSmith

Based upon the few facts that you provided, you probably still owe the debt. You seem to not understand how statutes of limitation work.

It is unlikely that you are the subject of a Bench Warrant simply because you got behind on child support. Many people get behind on support but don't have a arrest warrant issued. It is more likely that you failed to appear to explain or answer for the arrearage. The debt and the Warrant are a step apart. The warrant is probably because you failed to do something (like show up for Court or report a change in residence or employer) which caused the Court to Summon you to appear. The failure to appear or report is probably why you got your Warrant. You can get the Bench Warrant recalled by surrendering yourself to the police, sheriff's deputies, or the Judge. You might have to post a bond to get released with a date to appear before the judge regarding the arrearage. If you pay the past due child support, you might ask the Judge to recall the Warrant without a bond. The other parent can ask the Court to recall the Warrant, but they cannot make it go away. So, any payments you make should be verified or at least documented as well as possible.

You can hire an attorney to appear before the Judge to ask that the Warrant be recalled, without a bond, so that they may appear with you at a later date. Many judges will not do this unless you are there with the attorney when they make the request. Even if you do not hire an attorney, your need to consult directly with an attorney about the particular facts of your case, and the practices of the Court that issued the warrant.

Do not delay in discussing this directly with an attorney in your area,, as being picked up through a traffic stop on a Friday, might mean that you won't have an opportunity to communicate with a judge until Monday. If you don't have sufficient bail money with you, or the means to hire a bondsman, you might spend a weekend or more in jail. Also there is not guarantee that bond amount has already been set for a failure to appear bond.

Good luck

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Answered on 8/20/14, 11:11 am


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