Q: My son's father has never paid any child support. He was mandated to pay $40/week and he refuses to pay it. We still only have a temporary order of support, but on Thursday we go back for the second time. When the judge sees that he is in contempt of court, what will she do? Is there a possibility he will be arrested even though this is only our second court appearance? I am supposed to receive child support payments through Child Support Enforcement and they told me that once the arrears hit $1,500, they can take away his driver's license, tax returns, bank account assets, etc., but he has none of these things. So, what is the consequence for an illegal alien not paying child support? Will he just continue to get away with it? Can't a judge put him in jail for violating the court order?
A: David's Answer: If support has not been finalized, the Magistrate can't put him in jail (yet). You'll need to finalize the case first, then if he doesn't pay on the final order, the consequences are the same for an "illegal" immigrant as they are for anyone else - ultimately if he refuses to pay and there is no other method to enforce the order, he will be incarcerated. -- David Bliven, Bronx Child Support lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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