Not paying child support

[Yurgee]

What is the name of your state? NY

My girlfriend has three children and they have been living with us for the past year and a half. They were living with their father previous to that.

He was ordered to pay child support and didn't at first, but my GF went to the support collection agency and they started garnishing his wages. He fought it and lost, so he quit his job (a 100k a year job at that). My GF then took him back to court looking for him to pay the collection agency and the judge made him obtain employment. He receieved a new job at less pay, but the child support began being garnished again. He again quit the job and she took him back to court. He was ordered to pay directly to the collection agency and has not done so. He is working under the table and refuses to pay.

The judge set a date for late September to try and solve the issue. My question is... will they send him to jail and if so when? It appears that the judge is giving him a lot of time to get his act together. Also, he is now about $3000 in arrears, can she take him to small claims court for it?

Thanks

 

[legalcuriosity]

What is the name of your state? NY

My girlfriend has three children and they have been living with us for the past year and a half. They were living with their father previous to that.

He was ordered to pay child support and didn't at first, but my GF went to the support collection agency and they started garnishing his wages. He fought it and lost, so he quit his job (a 100k a year job at that). My GF then took him back to court looking for him to pay the collection agency and the judge made him obtain employment. He receieved a new job at less pay, but the child support began being garnished again. He again quit the job and she took him back to court. He was ordered to pay directly to the collection agency and has not done so. He is working under the table and refuses to pay.

The judge set a date for late September to try and solve the issue. My question is... will they send him to jail and if so when? It appears that the judge is giving him a lot of time to get his act together. Also, he is now about $3000 in arrears, can she take him to small claims court for it?

Thanks

First of all, a Judge CAN NOT order anyone to get a job. They do not have the power or authority to do so. That alone can be appealed since this is clearly stated in the US Constitution.

He most likely wont' get tossed in jail for $3k in arrears. Your story is similar to thousands of others who try to avoid paying support. They get gigs that pay under-the-table.

You're not going to like to hear this, but it would be in the childs -- and your best interest to not depend on this money. He's obviously going to do what he can to avoid paying. Granted his debt will continue to grow and will never disappear. Also since he's working under the table, he's not contributing to social security, so if he thinks he can "pop up" all of a sudden when the child is 18 or he's retiring, there won't be much to get.

 

[BL]

If he has any licenses they can and should be suspended during the time that arrears are owed .


If he has any and values keeping them , he may pay up .