Q: My husband was arrested back in Feb, which he was released the same night. While releasing him they found a warrant in another county he didn’t know about. They transferred him to that county upstate & hes been serving time for non payment of child support and not responding to court dates, which he didn’t know. In May he filed for adjustment of arrears & at his court date he showed proof he wasn’t in NY at the time he was served he was caring for his ill father, who has passed. Given he didn’t know/was served at his prior job he no longer was working at, the judge advised he file a motion to vacate the order as opposed to what we originally did. We filed the motion to vacate that day. We provided proof that he wasn’t served, no longer working there prior to when she stated she had him served. The motion hearing was today. Given all the proof we showed: proof of residency in a state 800+ miles away, lack of income, his father passed away and was ill, he was no longer working where he was “served” (notarized letter from the owner).If they grant the motion will he be released? Do they make decisions the same day? He has a fact finding hearing on the 16th will he be released that day?
A: It’s hard to assess the case definitively without a review of all the underlying facts. That said, merely because his motion is vacated doesn’t necessarily mean he’ll be released, as the Judge could go to a hearing that same day on whether he violated the order or not. Schedule a consult with a Bronx Child Support attorney for a full assessment.