Can my daughters father stop child support because he is in jail?we live in ny?

K

Krissy

New member
I know that he is not earning money while in jail but accumulates, and i was told if they stop his child support it is my responsibility to bring him back to court. I haven't been able to find him for 7 years how am i suppose to track him down after he gets out, and he married to a women who has money isn't that counted as his income too.
my daughters father was just put in jail. I have been trying to find him on and off for 7 years. he has only paid when forced to, by being garnished then shortly after he would change jobs and states so he wouldn't have to pay. he was put in jail for driving without a license and driving under the influence, i received court papers for a court date to dismiss his child support while he's in jail, can they do that?
 
You need to go after his tax return.
No her money is not his money when it comes to his children.
Yes it continues to accumulate while he is in jail.
If you are in a financial situation that warrants welfare, medicaid, food stamps, etc... the state will go after him.
 
It is your responsibility to bring him to court to have a judgment against him for any child support he owes. He cannot pay you child support while in jail and not working, so any back child support will be owed until he pays it to you no matter how long it takes him. As for his wife having money? No you cannot a judgment against her for child support because it is his child not her child. The court will absolutely hold her harmless from any child support he owes. Make sure you go to the hearing to dismiss his child support while he is in jail and contest it.
 
You have a problem when he is in jail as he is not making any money. check to see if your attorney put something on file with IRS to get back any income tax refund. He may have changed his name or used false ID too.

If he and the woman are together, he could be liable to pay or you could send him to jail. But when he is in jail, the woman does not have to pay for the child from her personal income. it is from his income not hers. So I don't think you are going to get that. I don't know if you can get money from the state or not.

You could see if he has anything in his name or any accounts in his name and then see about a lien on them or to take them in some way. If there were "joint" accounts, you could access the money but they won't be that stupid.

It looks like men would realize that staying in a good job and paying support is better than running and making less money. But some don't.

You better get an attorney and go to court as if you don't show up, he wins and it will be dismissed. You may have trouble getting it reinstated. Get that attorney now and try to find out what he might have that you can get. You may be able to get contempt of court charges for past offenses or if you have filed them, you may be able to lengthen his stay in jail - let him sit in there if he doesn't pay. Maybe his wife will pay to get him out by paying the support.

Good luck to you. I hate dead beats.
 
If you haven't done so already, contact your Department of Human Services - New York has a Support Collection Unit that can navigate those waters. My sister had a lot of success with her county's Support Collection Unit and it did not cost her anything.
 
No, being in jail is no excuse for not paying child support. He would still owe it. If he is in arrears, it would be your responsibility to bring back to court.

His new wife is not responsible for the support of his children from other relationships. That is his sole responsibility. Her income and resources are not considered when it comes to his child support obligations.
 
What!? They shouldn't dismiss it just because he's in jail. My ex's support just kept adding up while he was in there, just like when he doesn't pay it just keeps piling up. The new spouse's income is never counted, so don't even think about trying to go after that.
 
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