misdemeanor warrant - child support modification
In Idaho I have a bench warrant for a misdemeanor. I have not been able to come up with the funds to retain an attorney to assist me in quashing the warrant. However, my ex husband has since been sentenced to jail on a Felony charge. not related to me in any manner. However, we have a minor child in common that we had a 50/50 custody agreement set. I was ordered to pay almost 400.00 in child support each month to him for a 50/50 agreement. Financially it has been such a strain. However, since his investigation and sunsequent charge and now sentence I have not allowed him to have his 50/50 custody. His charge involved a child sexual battery. So since September I have kept my daughter, however he has continued to receive the child support payments and has refused to return the payments even though he has not had our child for any overnights. Well, I have contacted Health and Welfare since the situation began in Sept. They have refused to help me w/ the child support payments. They simply state I have to go to court and have a modification. Great! Super! Well I do not have the money to go to court. I am not sure why I am required to go to court for his actions. He is the one that had the Felony and is not in jail. Why am I required to file papers and go to court as a result of his actions? To muddy the waters I have this bench warrant that keeps me from being able to even try to file the papers for the child support. I simply need to know if there is a way that I can deal with the rule 6.1 in Idaho for voluntary apperance w/o risking going to the courthouse and having a balif arrest me on the spot? Is there a form I can fill out and file to request a warrant quashed without having to retain an attorney? I am sure that I can deal with the charge on the warrant w/o an attorney. I can possibly have the charge dropped or work a deal with the prosecution that has little to no impact. I have never been in trouble with the law in my life. I have never even gotten a speeding ticket. I really need to address the warrant with as little damage as possible so that I can quickly deal with the custody modification and child support issues given my ex husbands recent legal trouble. I am beside myself that in Idaho if someone is sent to jail, they do not have to pay child support, and Health and Welfare and the jail assist them in getting the support suspended, but when someone is incarcerated that receives support the other party has the burden financially to go to court and miss work and pay money to get support stopped when it is clearly impossible for them to partake in the visitation that awarded then the support to begin with.
Any suggestions on the warrant issue would be greatly appricaited. I just do not want to do to court to try and address the rule 6.1 just to have someone arrest me for the very thing I am there trying to address. Thank you for providing any insite on how this should can or is supposed to work.
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