Legal Question in Family Law in Michigan
Bench Warrant. Order to show cause.
Yes. I have been unemployed for the last five months now and have always paid my child support without fail to Oakland County. I have been unable to find even a part-time job and I am endanger of losing my home as it stands already. My question(s) are these: 1) I received a letter today from the FOC of Oakland County stating I had an active bench warrent for failure to pay, but was never ordered to appear in court to show cause as to the reason I couldn't pay. Can they just order a bench warrant without giving me a chance to state the reason why I havn't paid? 2) Since I have zero income it was suggested I have my child support reduced. If you don't have the funds to pay the clerk fees how do you get them waived?
2 Answers from Attorneys
Re: Bench Warrant. Order to show cause.
If you have been unemployed for the last five months, have you received any unemployment? Have you made even a good faith effort to pay any support? Go to the clerk's office and they will give you the form to file the motion and get the fees waived. However, if you are not on social services, it is highly doubtful that the $20 fee will be waived.
Re: Bench Warrant. Order to show cause.
You have to pay something, even if you're not employed. I have given this advice to others on this service many times: pay SOMETHING. The judges are going to look at you, and unless you're dying of starvation yourself and literally homeless, they've going to want to know why you haven't paid anything at all.
There's really no excuse, so you need to go in and address the bench warrant, prepared to pay something or spend time in jail. Your past record will only get you so far, unfortunately. And, if you are entitled to unemployment, and receiving it, then you're really up the creek. Better yet, pay something BEFORE going in, and then at least you'll have something on record before the judge gets to your file.
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