HOW DO I OBTAIN ARREST WARRANT FOR MY EX-HUSBAND IF HE HAS NEGLECTED TO PAY SPOUSAL SUPPORT FOR OVER 1 YEAR?

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HOW DO I OBTAIN ARREST WARRANT FOR MY EX-HUSBAND IF HE HAS NEGLECTED TO PAY SPOUSAL SUPPORT FOR OVER 1 YEAR?

Asked on January 4, 2011 under Family Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In many states, there are dead beat "dad" and "mom" laws that basically allow parents who do not pay child support to essentially be arrested and prosecuted.  I personally think this is counter-intuitive since a parent in jail will absolutely make no money but alas there is the stronger theory of making people accountable. That being said, you need to contact the prosecutor's office who handles such back child support issues and file a complaint.  The prosecutor may then in turn help file a warrant or see if something can be negotiated. Further, you may wish after that and once the arrest is made (but talk to a lawyer in your state about it) to go ahead and file a contempt motion in divorce or family court regarding the back child support. If your ex husband has assets, a lawsuit might help you obtain those items (attachment, lien, garnishment of wages).


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