I live in New york and my sons father was just put in prison for 1-3 years for two felony DWI's. The magistrate supended his child support while he is in jail and he is responsible for 0 dollars, it isn't even going to accrue until he gets out. That is so not fair since I have borrowed money to help pay my bills. This gives him no incentive to get a job when he gets out so I could see nothing for many years... WHy would she do that??

He has no ability to make money. It is done all the time. How do you expect him to pay from prison?

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Originally Posted by califdadof3

He has no ability to make money. It is done all the time. How do you expect him to pay from prison?

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I don't expect him to pay from prison but it should at least accrue while he is in jail, he put himself there. What incentive does he have to get a job when he gets out as he was living with his parents when he went in and will be living with them when he gets out, no incentive what so ever to work, in the meantine I have to work two jobs just to pay my bills, while he has a roof over his head and three squares a day with no support obligation. I am sure that when he gets out he will conveniently not be able to find a job for years! In the mean time I am behind on bills, getting foreclosure stuff from the mortgage company and can barely afford to buy food... Gotta love New york state. I have violated him three times now for not paying me and he has not spent a day in jail. The father's rights judge I have always suspends it pending he pays... This is his 7th DWI in ten years and he is just finally serving time for two... SERIOUSLY!! Once again got to llove New York

When he gets out you put him back on it. As part of his parole he will have to pay or go back again.

Other then that there is nothing the system can do for you.

Yes, they suspend child support because it is calculated as a percentage of income, and he will have no income. That does not excuse his obligation to pay the arrearage he's already accrued. So, you go after that when he's released. Also, particularly with overcrowding, a lot of people are released early, so hopefully he will be back in a position to work sooner. He can be ordered to find work and pay you when he's out of jail and if he does not demonstrate serious efforts to find and keep work, he can be held in contempt which would violate his parole.

I would recommend though that you refocus your efforts on paying the bills without his help. It sounds like he's never been reliable - probably never will be. What do you do for a living now? Maybe some of us would have some ideas of what you might do to amp up your career so you have more earning power. You might also consider bankruptcy if you have a lot of debt.

I know many people don't like the idea of bankruptcy but it can relieve you from debt so that you can get current with your bills and get back on top of things. It is very common today due to the economy. You can be rid of your credit cards and many other debts like medical or legal bills that can otherwise strangle your finances.

When this guy is out of jail and working, work through your state to collect child support. They can garnish his wages.

Yes its not fair. A deadbeat dad can, sometimes, beat the system if he is willing go under the radar. I have to point out that you apparently agreed to have sex with this person. So you have to bear some of the responsibility here.

Do his parents want to visit their grandchild? Unless they have a court order requiring visitation you have no obligation to allow it. You might be able to use that get them to stop enabling their son.

You might also check with an attorney, it's a long shot, but maybe they can be sued for enabling their son to dodger his support obligation.

What is the law and what is legal has nothing to do with fair. Many things in life is not fair,

But child support is based on income, some states have min abouts like 40 dollars a month or some amount. But basically there is none due if he has no income at all.
It is based on current incomes. It can not just build up, or he would be too far behind if he ever gets out of jail.

I live in NY and I wouldn't damn the whole State based on your experience. There's some responsibility on your part - you apparently willingly had sex with this loser - or did something happened that changed him, a stand up guy who suddenly gathered up two felonies?

What you have experienced is NY State law - NY support is by Statute, a percentage of income. You are entitled to 17% with one child.

He has no income. You are entitled to 17% of nothing. Why did "she" "do that"? Because it's the law.

Sorry to be harsh but that's NY law. And, yes, I understand financial hardship and struggling.

You can attempt to file an appeal but you have no legal grounds. Again, it's by PERCENTAGE of his INCOME. He has no income. Parents, both male and female, walk away from support all the time by not working or working off the books. No income you can prove = no support.

I'd again suggest you stop trying to get blood from a turnip - he will never be a reliable source of support income. Instead, focus on what you can do to improve your finances independently. If you'd like to start another thread about the specifics of your financial challenges, I'm sure there are many on the site who could give you great career and money management advice, given that really, the problem is that you aren't getting by financially, right? This deadbeat felon is not the solution - you will have to be the solution for yourself.