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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex husband has violated our child support agreement. In

Customer Question

my ex husband has violated our child support agreement. In 2008 he was found that not paying was not willful, he has since been brought back to court for being in arrears for over 6000 in new york state. The second time the judge told him to get a job.. he did and now 1 year later I am asking the court for incarceration. I can prove he is working by his home advisor and Facebook public comments from clients on jobs he has completed recently as well as all throughout the time he is stating he was not working. he taxes are not in order for the court but he had money to hire an attorney for our upcoming court date. under what terms will the judge put him in jail or suspend his business license? he hasn't given any money in over a year to child support services. thanks for your help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

What the courts focus on are whether or not the non-payments are 'willful' and intentional. That is key. Since you have evidence of his postings that describe employment, you can therefore show a reasonable narrative that his failure to pay for the child is no longer accidental but intentional. The fact that his taxes are not in order is a different issue--the courts generally won't get involved, but you can report him to the IRS. However to the judge provide direct print-outs from Facebook or other social media where the ex has made the comments himself, and if the opposing counsel objects, state that as these comments are 'made against interest', they should be admitted as evidence. This would be the best way to go, although be careful that if you print out someone else's comments about your ex, the attorney may claim 'hearsay' and state that as that person is not in court themselves to explain the comments, they may not be admitted. The best response to that is to counter that as the comments were made in the open, they are public record and it is up to the judge to evaluate their validity or authenticity.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
currently because he is over 6000 behind my attorney has requested a discovery of his assets. He us saying he hasn't worked not to disclose his income. We have photos he posted on Facebook and various sites with feedback from his customers including how much they paid fur his services. How does he answer to the judge not having the discovery as well as his previous testimony that he can no longer do plumbing and heating work? What types of punishments are involved for intentionally not paying? Is it true over 5000 is considered a felony? I was under the impression from child support services that the worst thing he could do us pay nothing. To catch up in his back child support he was ordered an additional 100 dollars a week. His result was paying nothing since February.
Thank you for your time with this
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

To be honest, how he answers is his own problem. If you requested discovery and your attorney properly framed that request, he cannot really deny it. So at worst he can try to delay, and if does so long enough it creates a contempt claim. No, it is not a felony if he refuses to pay, it is still a civil issue, but failing to pay creates a basis for potential jail time and contempt until he does begin to pay. He is also at risk of losing his driver's license.

Sincerely,

Dimitry, Esq.

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