In the event that a non-custodial parent does not pay court-ordered child support, he or she may be taken into police custody on a child support warrant. This article will discuss what a police officer is allowed to do in connection with a child support related warrant. To execute such a warrant, an officer will take the named person into custody. The officer will tell the named person that he or she has a warrant unless the officer believes that telling the person will jeopardize the execution of the warrant or the individual either forcibly resists or flees.
At the time the named individual is taken into custody, the officer does not have to possess the warrant. However, if the named person asked to see the warrant, the officer must show the warrant to the named person as soon as possible. Officers are allowed to use reasonable force to enter a residence or building in which the named person is believed to be located.
Within 24 judicial business hours, the person who has been taken into custody will be taken before a judicial officer in the jurisdiction where either the warrant was issued or executed. In the event that an individual was taken into custody in a county other than the one where the warrant was issued, arrangements will be made to transport the person into the county where the warrant was issued.
It is better to keep up with child support payments than to risk being taken into police custody for non-payment. If a parent's situation has changed making it difficult to keep up with child support payments, it may be possible to have the payments modified. A lawyer with a background in family law may help a parent with child support modification.
Source: Arizona State Legislature, " 25-682. Time and manner of execution; information", October 17, 2014