{"id":3714,"date":"2018-10-15T10:25:05","date_gmt":"2018-10-15T17:25:05","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=3714"},"modified":"2022-12-01T12:28:14","modified_gmt":"2022-12-01T19:28:14","slug":"capias-warrant-for-child-support","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/capias-warrant-for-child-support\/","title":{"rendered":"What to Know About a Capias Warrant for Child Support in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

A capias warrant is a court order to arrest and detain someone in order to guarantee their appearance in court. They\u2019re typically issued for people who fail to attend a mandatory court appearance, ranging from felony defendants who are out on bail to simple cases where someone misses an appearance in traffic court. Capias warrants are civil warrants, so they do not carry a criminal charge.<\/p>\n

In child support cases, the court will often issue a capias warrant when a custodial parent files a complaint against the non-custodial parent for failing to adhere to the child support order (which amounts to contempt of court). As long as the non-custodial parent voluntarily appears in court, they won\u2019t be arrested. If the non-custodial parent refuses to appear, they\u2019ll be arrested and forced to appear in court, where the judge will order payment, a fine, jail time, or all of the above.<\/p>\n

It\u2019s safe to say that if you have a capias warrant for your arrest due to child support arrears, it\u2019s better to appear in court willingly than to be arrested and forced to appear. If you can no longer afford to pay child support at the levels determined in your child support order<\/a>, or if your child support arrears are so large that you cannot pay the balance, you should consult with a family law attorney before appearing in court. Depending on your situation, you may be able to file a motion to modify the child support order, and you may be able to negotiate a settlement agreement with your former partner and the state collection agency.<\/p>\n

Can You Get a Criminal Warrant for Child Support?<\/h2>\n

The court can issue a criminal warrant when state or federal prosecutors get involved in a child support case, which only happens when there are significant child support arrears (the legal term for unpaid child support). Criminal warrants are backed by a misdemeanor or felony charge, so these are far more serious than a capias warrant.<\/p>\n

At the state level, the state child support agency can request that the local district attorney\u2019s office file criminal charges against a non-custodial parent. Depending on the value of child support arrears and the length of time since the last payment, the issue can be a class 1 misdemeanor or a class 6 felony charge. Note that in Arizona, a class 1 misdemeanor is subject to a $2,500 fine and up to 6 months in jail, and a class 6 felony may receive up to a year and a half in prison. The courts are generally willing to downgrade a class 6 felony to a class 1 misdemeanor for first-time offenders, but you\u2019ll need a good attorney to plead your case.<\/p>\n

At the federal level, the Deadbeat Parents Punishment Act<\/a> allows federal prosecutors<\/a> to pursue misdemeanor and federal charges against non-custodial parents who are significantly behind on child support. A parent with at least $5,000 in child support arrears who hasn\u2019t made a payment in over a year may be charged with a misdemeanor and punished with up to 6 months in jail. A parent with at least $10,000 in child support arrears who hasn\u2019t made a payment in over two years may be charged with a felony and incarcerated for up to two years.<\/p>\n

It\u2019s fairly rare for the federal government to get involved in a child support enforcement case. In most cases, the federal government will only step if the case crosses state lines (e.g., the non-custodial parent moves or runs away) and only when all state-level options have been exhausted.<\/p>\n

Child Support Enforcement Measures<\/h2>\n

Criminal charges, contempt of court, and capias warrants are just a few of the enforcement measures<\/a> that the state child support agency has at its disposal when it comes to collecting child support arrears. These are often the last resort, though, as they are more for punishment than to collect child support arrears (it\u2019s difficult to collect child support when the non-custodial parent is in jail or prison).<\/p>\n

In the state of Arizona, the Division of Child Support Services (DCSS<\/a>) can take the following actions to enforce a child support order and collect child support arrears:<\/p>\n