Incarcerated For Non Payment Of Child Support

by Stephanie "VIP" Member............................
(Staten Island, NY)

I live in NYC and my case is heard in Richmond County. I have been going to court with my ex since we separated in 2005 when my daughter was three months old. I have basically been going to court every six weeks with moderate breaks in between because I seem to get no results and I become frustrated and want to use my vacation days to be with my daughter.

My ex works off the books so he doesn't have to pay me (when he works at all) He is supposed to pay me through NYS child support. He currently owes me $19,000.00. This doesn't count the 54% medical support he is supposed to pay me hand to hand as that cannot go through NYS child support for some reason. I also have a money judgment against him.

NYS child support has seized his bank account (with $1.00 in it), taken his license, he is not allowed to have a passport and they offset his taxes. (he doesn't work on the books and if he does he wont file because I get the money). Everything they can do they have done. He was pulled over and a cop let him go "because the suspension was only for child support."

When we go to court we are eventually put on trial because it is very obvious he is willfully not paying which requires another return trip to court. (I work and attend school both full time- not forgiving on my vacation time) He is then assigned a free lawyer who gets him another court date due to any mistake made on the paperwork or other reasons.

When we finally see an actual judge they seem to talk a tough game but still let him off with a warning and we return to the cycle of not paying at all. (By the way- he doesn't pay even when we are in court so I never receive child support at all.)

We will be returning to court on June 20, 2011 again as I have served him with a violation order (AGAIN) and I would like this court visit to be more successful. I have gathered every bit of evidence I can showing he has opened a business and is still working for another person (albeit off the books) What else can I do to guarantee results.

Believe me after 6 years he needs to be incarcerated because the threat of incarceration does not frighten him in the least anymore. I am not an angry ex, I wish him a fine life as long as he pays his child support. Children are very costly and I simply am not cutting it on my own even though I am trying.

He thinks child support is an option and a joke and I do not know if incarceration will even work but it is my only shot.