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.

Comments for Incarcerated For Non Payment Of Child Support

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Wanting your ex Incarcerated
by: Child Support America Team Member

Hello Stephanie,

Lee here.

Thanks for providing us with the information to find your post. I have forwarded your questions over to one of our team members. Please expect a reply back via this thread with 72 hours.

Take care, and we will be in touch soon.


V.I.P. Question
by: CSA Staff

Hello Stephanie,

Thank You for your question. It sounds like your ex should receive some jail time for non payment. Here are a few options that you can bring to the judge's attention when you go to court.

1. You can basically ask the judge to place him in jail. Explain the entire situation and show PROOF (call child support and request your records) that he is still not paying. He is in contempt of court and should do some jail time.

2. You can ask the judge to place liens on his property as well. Any houses, cars, motorcycles boats that he owns can be confiscated and sold. With all monies paid to you. Sometimes they get around the bank account issues and he may not be thinking about the property.

The sad part is, it really depends on the judge that hears your case. They are the ones who decide whether or not to place him in jail. We wish you well and keep us updated!


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