The payor brought a motion to set aside a default order and warrant of committal that resulted in his incarceration for unpaid child support arrears.
The payor had repeatedly failed to attend court appearances.
The court applied Rule 19.08 of the Rules of Civil Procedure and found it was in the interests of justice to set aside the warrant, noting the payor's inability to pay the arrears in full, his recent employment, and that further incarceration would serve as punishment rather than enforcement.
The payor was ordered released, but his request to limit enforcement to his monthly support obligation was dismissed.
