warrant for arrest for non-payment of CS--extradition?

[FrustratedWife]

Hello, Soc. It has been along time since I have been here asking your advice. Hope you are well.

My XH was to appear in court this week to answer charges of contempt. (9 counts--failure to pay CS, failure to medical,etc) He did not appear nor did he send an attorney. (his previous one dumped him last month)

We are serving him with a summons to appear 2/18. He will not show.
Then there will be a warrant placed for his arrest in IL.

We know where he lives. Can he be extradited from the state he lives in back to Illinois to answer charges?

Or if he never enters the state again, do I just sit here and wait, never to get any money? He owes me over $50K.

Thank  you.


 

[socrateaser]

If the contempt is based on a complaint that your ex owes more than $10,000, that is a felony under federal law. Since another State won't extradite on a misdeameanor, like a failure to appear, you cannot get him back into IL unless he is picked up in IL. So, I would get an order for a contempt on the arrears, and then I would take that to the local district attorney's office and file a complaint for felony failure to pay child support under federal law. If the DA agrees and a warrant issues for your ex's arrest, then he can be extradited.

Hope he has the money to pay, because once that felony is on his record, he'll never get a decent job again as long as he lives.

[FrustratedWife]

Thank you so much, Soc!

FYI--We filed a rule to show cause on 8 counts (one being back CS--about $50K), rule was granted, subpeona is being served. He is to appear in February. I am certain he will not show. My attorney says there will be a warrant for his arrest. I will ask him about having the warrant for contempt on the arrearage.