Q: My son's father has not paid a dime of child support. He currently owes lots of money in arrears. During our last court date he said in court that he couldn't pay child support because ge was saving $15,000 to marry someone to give him a green card. My question is two-fold: 1) if INS is contacted, would they possibly go to our next court hearing? 2) what is a likely consequence for an alligal immigrant not paying child support? He obviously doesn't have a driver's license, professional license, tax returns, lottery winnings, bank accounts, etc. Will I ever get child support from him?
A: David's Answer: First, very unlikely INS will appear in court. You always have the option of mailing a copy of the decision to them, but if he's illegal that's an independent basis to deport him (i.e., they won't need to added evidence of him not paying child support). In terms of collecting child support from him, if that's your aim, you may actually do yourself a disservice if he's deported, as then it will be even harder to track him down & get him to pay. There are a variety of methods of getting someone to pay, such as freezing bank accounts & entering a garnishment on contractor wages (if he's a 1099). -- 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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