Q: My brother has a bench warrant out from child support he wants to turn himself in but he doesn’t want to go to jail he never revived or was served any papers so he dIdnt know he was being summoned because he doesn’t live in new york what should he do???
A: David’s Answer: He needs to file a motion to vacate his default. Also double-check that the warrant is not a “stayed” warrant – sometimes a Judge will simply allow a party to voluntarily appear in court on the warrant review date in order to vacate the warrant from being formally issued. Schedule a consult with a Bronx child support attorney for a full assessment.