Directive #07-23 - Use of Warrants and Incarceration in the Enforcement of Child Support Orders

This Directive provides guidance on child support bench warrants and incarceration. It supersedes Directive #02-14, the July 16, 2014 Supplement to Directive #02-14, and Directive # 15-08 (which Directive #02-14 had modified). It also provides guidance as to the procedures for obligors who are being detained on other charges in addition to the child support bench warrant.

Among other things, this Directive promulgates for immediate use a revised version of the "Civil Action Order for Relief to Litigant - Enforcement of Litigant's Rights" order (CS702) (CN 11213) for use at expedited enforcement hearings to capture the findings that need to be made (e.g., determinations of indigence and ability to pay) and the various other reliefs that may be ordered by the Judge in sufficient detail to support those findings. Originally promulgated by Supplement to Directive #02-14, the form has been streamlined for ease of use. The Uniform Summary Support Order (USSO) should continue to be used for orders resulting from scheduled enforcement hearings, usually before a child support hearing officer. However, these orders should contain the same detailed findings regarding indigence and ability to pay if coercive incarceration is recommended and is ordered by the judge.

This superseding Directive also clarifies that the 72-hour hearing time frame is a maximum and that every effort must be made to conduct the hearing by the close of the next business day.