Spring Valley, NY asked in Child Support, Divorce, Domestic Violence and Family Law for New York

Q: What is the harshest punishment someone can get in NYS for willful non payment of child support?

If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?

1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Schenectady, NY
  • Licensed in New York

A: It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.

Without getting into the utterly incompetent manner in which this government is printing money, raising interest rates to curb inflation the printing of money caused, and causing a de-dollarization of the world's countries by shortsighted sanctions against Russia, it is no wonder men are losing their jobs. Banks are failing in the hundreds. Corporations are downsizing. People are not paying car loans (TikTok videos show how vehicular repossessions take place).

The federal law written under Reagan assumed a permanently stable and prosperous economy. Men who drop babies into their women will be on the hook to financially support their offspring in an elaborate system of court buildings containing countless judges and lawyers. The industry of child support and its enforcement brought about under Clinton was now costing the nation trillions of dollars for mom to get $100 per week. Gone was welfare as we know it.

A feature of this cockamamie system was jail. This meant that our incarcerated population will consist of criminal convicts and parents. What is the harshest punishment under this scheme is perfectly unclear. For some people, jail means three hot meals and a warm bed to sleep in. For others, it is the destruction of their careers, homes and families. As men slipped under the waves, so did women and their children.

Today, men and women still go to jail. Some states enacted a multi-sentence protocol characterized by multiple successive civil incarcerations for willful non-payment. All non-payments are willful. The inmate does not work, and that status remains that way permanently. Children are told their fathers are deadbeats, and the children stay away from their fathers.

Perhaps the harshest punishment is already meted out: kids stay away from a deadbeat. The father's link to eternity is severed, and grandchildren will grow up without a grandfather. All of this happens because mom went to government to help with her request for "support," and instead, she got homelessness. What about the kids?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.