Saturday, January 4, 2014

Does a custodial parent have a voice in whether or not a parent is incarcerated for being behind in child support payments?

Q: My granddaughter is in the custody of her paternal grandmother. My daughter was recently jailed for being unable to keep up support payments, due to unemployment. Would she have been put in jail if the grandmother was not in agreement with incarceration as a course of action? This is in Livingston County, NY.

A:  David's Answer:   If the child support order is in favor of the grandmother (as opposed to DSS), then yes, she can state to the Judge whether she requests incarceration or not. -- David Bliven, Westchester Family Law attorney (

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