Saturday, October 26, 2013

Will my ex go to jail for non-payment of child support ?

Q:  I had my ex husband in court on Sept. 25, 2013 for a Willfulness Hearing for not paying his court ordered child support.
While in front of both the Support Magistrate, and the judge who ordered the support, he waved around a pay check stub for $3,000 take home pay.
Since our last court date, he has paid one payment on October 2, 2013 for the normal weekly amount if $151.00, and has not paid a penny since.
His current support arrears are well over $3,200. I have ascertained prior child support arrears via a QDRO which was taken from an Annuity at his union, which he still has money in.
I am preparing another QDRO to attach the remaining annuity funds for the current arrears up to our next court appearance in December.
Can the Judge find him in contempt and sentence him to jail ?

A:  David's Answer:  While possible, it seems the much more likely thing the magistrate will do is to order that his wages be garnished. Moreover, the Magistrate can issue a money judgment which you can use to seize funds from his bank account. If you don't already, you should strongly consider having the support paid via Support Collection Unit. Speak to an Orange/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (

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