Q: My kids father & I have 2 kids together we have been back & forth to court for over a year. We already established threw paternity test the kids was his. Since then the judge has set a amount he must pay every 7 days…it’s now up to $27,000 in total that he has owed to the kids & he has yet to pay. My question is when can I judge say enough is enough lock this guy up cause he refuse to pay! I mean I don’t understand why keep letting him walk free… He has agreed to pay but is NOT DOING SO. HE SWITCHES JOBS SO THEY CANT TAKE MONEY AWAY FROM HIS PAY CHECK. ONCE HE FEELS LIKE THEY GONNA TAKE MONEY FROM HIM HE GOES TO THE NEXT JOB NOT TELLING HIS EMPLOYER HE HAS A CHILD SUPPORT ORDER IN PLACE. SO MY CHILDREN HAS YET TO BE COMPENSATED. I REALLY THINK THIS GUY IS JUST FREE AS A bird & ITS NOT FAIR CAN I REQUEST FOR HIM TO BE IN PRISON DUE TO FAILING TO MAKE PAYMENTS? SINCE MY KIDS AREN’T receiving ANY MONEY ITS NOT LIKE THERE GETTING ANYTHING CAUSE HE IS NOT PAYING..IF HE IS LOCKED THEY STILL WONT BE GETTING ANYTHING EITHER. SO I FEEL LIKE I NEED TO STOP HIM
A: You’d ultimately need to file a violation petition, prove willfulness and the Judge would need to order his incarceration prior to him being sent to jail. If you have a money judgment for the arrears, bear in mind you can also go after his assets (e.g., bank accounts). Call a Bronx Family Law attorney for more info.