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Definition Bench Warrant - an order issued by a court for the arrest of a person who has failed to appear in court as ordered or for a witness who has failed to appear in response to a subpoena.

Application in Divorce Courts use bench warrants to deal with parents who have failed to pay support because it is considered a form of contempt of court.

Any person who is not abiding by a court order is risking receiving a bench warrant. Bench warrants are typically not issued unless several attempts have been made to contact the individual and he or she has not made an effort to respond or rectify the issue at hand.

See also Capias.

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A Bench Warrant for Child Support
The child support enforcement office, along with the court, will issue a bench warrant for a delinquent payor of child support. This delinquency is typically reoccurring and the warrant becomes a last effort to persuade a payor to become current on the payments that are past due. The problem with this tactic, is that a payor who is actually jailed due to a bench warrant is going to have a tough time generating income to pay support from inside his or her cell. The ends does not justify the means.

Contributed on 5/16/2007 by: DivorceDex.com Staff
Category: Child Support (Applicable in All States)

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