Possible child support summons... can you be arrested?

[lightingbird]

What is the name of your state?
Missouri

Its actually a summon for non payment of child support I think. My friend made some calls after he was told a officer came to his apartment and the child enforcement department said they were at the stage since he is unemployed and behind on his payments. What would be the best steps for him since at this point hes not even sure if hes actually has a summons for it? I told him that I would loan him a few hundred dollars so he could pay them for a month until he gets a job. But I don't want to do that if hes going to end up in jail either way.

Ultimately, can he be arrested if he does have a summons but never receives it and misses the court date?

 

[legalcuriosity]

What is the name of your state?
Missouri

Its actually a summon for non payment of child support I think. My friend made some calls after he was told a officer came to his apartment and the child enforcement department said they were at the stage since he is unemployed and behind on his payments. What would be the best steps for him since at this point hes not even sure if hes actually has a summons for it? I told him that I would loan him a few hundred dollars so he could pay them for a month until he gets a job. But I don't want to do that if hes going to end up in jail either way.

Ultimately, can he be arrested if he does have a summons but never receives it and misses the court date?

What does the summons say exactly? You're not even sure.

 

[gatorguy3]

In Florida, you will not be arrested for just being behind in child support. The state typically must find you in contempt for that to happen. If there was a hearing, which was stated by the OP, then the state of Missouri probably found him in contempt for not appearing. Not appearing to a hearing = contempt. Even if he did not receive the notice, the courts send notice to the last known address. That is legally binding enough for them.

Upon finding him in contempt, the court will immediately issue a Writ of Bodily attachment which is an immediate pickup order for the person in question. The authorities do not pass go and do not collect $200 as they do not hesitate. They will arrest him.

Something to keep in mind. Upon being arrested they must put him before a judge within 48 hours to discuss the support issue. A "first appearance" showing does not count towards this. If they do not put him before a judge to discuss the support issue and how a solution can come about, then they must release him. This is because of the Writ of Habeas Corpus. Everyone has the right to be brought before a judge within 48 hours of incarceration. I know this to be fact as it was done for me.

Furthermore, you are not just released. Instead you must have someone file a motion on his behalf for an "Emergency Hearing for rights under the Writ of Habeas Corpus".

Hope this helps.

 

[username43]

Tell your friend to get a job and pay his child support or he will end up in jail!
If you can give him a few hundred -do it but ,send it to the CSE don't give it to him.