Legal Question in Family Law in Massachusetts

Re: issuance of a capias

A capias is a civil arrest warrant issued by a court for failing to appear at a hearing which you have been ordered to appear in. While it is possible to have the warrant served in CA, it is unlikely. The court will simply enter an order that will be binding on you, and that order, probably for payment, including any interest, costs and penalty the court wants to impose, will, if unpaid after 30 days, issue an execution, which can then be used to attach your property or pay in CA to the extent allowed by CA law.

Interstate child support is regulated in part by federal laws which make it easier to obtain enforcement. You're better off paying it before the court acts on it. Be sure to let the court and her lawyer know it has been paid.

It is theoretically possible for the court to issue a criminal arrest warrant, which could find its way to an interstate computer list, and the next time you get stopped anywhere for a minor traffic violation, you might find yourself on the way to jail and your car towed.

Re: issuance of a capias

I concur with Attorney Bilodeau.

Most importantly, with his advice to pay it before they catch up with you and keep your support current, as it is for your child. Sincerely, Maria Murber

Re: issuance of a capias

Paying your child support and keeping it current is the best option you have. Failing to pay child support is a federal offense, if the parents do not live in the same state. One question that would have to be addressed is does the Mass court have personal jurisdiction over you. To contest Mass jurisdiction would require hiring an attorney and would be much more expensive than paying your child support.