New York State Family Court lawmakers: Stop incarcerating fathers who can not pay child support because they have no jobs.
The Issue
It's one thing if a Father is earning a steady income and refuses to pay his obligations but what about when a guy gets laid off or just can not find a job? I had been working and paying child support. Recently, in court, my lawyer asked my sons' mother "Do you understand If he's in jail, he won't be able to pay child support?" Her reply? "He can go to jail on week-ends."
Incarcerating makes no sense; a.) it cost the taxpayers money to feed, house and clothe the father b.) the father is now in jail with violent criminals c.) the children still do not recieve support money d.) the children also do not get visitiation from their father.
The following are the charges the biological mother of my sons has brought against me:
N.Y. FCT. LAW § 454 : NY Code - Section 454: Powers of the court on violation of a support order - See more at: http://codes.lp.findlaw.com/nycode/FCT/4/5/454#sthash.C1YUWMhR.dpuf
3. Upon a finding by the court that a respondent has willfully failed to obey any lawful order of support, the court shall order respondent to pay counsel fees to the attorney representing petitioner pursuant to section four hundred thirty-eight of this act and may in addition to or in lieu of any or all of the powers conferred in subdivision two of this section or any other section of law: (a) commit the respondent to jail for a term not to exceed six months. For purposes of this subdivision, failure to pay support, as ordered, shall constitute prima facie evidence of a willful violation. Such commitment may be served upon certain specified days or parts of days as the court may direct, and the court may, at any time within the term of such sentence, revoke such suspension and commit the respondent for the remainder of the original sentence, or suspend the remainder of such sentence. Such commitment does not prevent the court from subsequently committing the respondent for failure thereafter to comply with any such order
Please change these Draconian laws, aren't the jails already full enough with violent criminals?
The Issue
It's one thing if a Father is earning a steady income and refuses to pay his obligations but what about when a guy gets laid off or just can not find a job? I had been working and paying child support. Recently, in court, my lawyer asked my sons' mother "Do you understand If he's in jail, he won't be able to pay child support?" Her reply? "He can go to jail on week-ends."
Incarcerating makes no sense; a.) it cost the taxpayers money to feed, house and clothe the father b.) the father is now in jail with violent criminals c.) the children still do not recieve support money d.) the children also do not get visitiation from their father.
The following are the charges the biological mother of my sons has brought against me:
N.Y. FCT. LAW § 454 : NY Code - Section 454: Powers of the court on violation of a support order - See more at: http://codes.lp.findlaw.com/nycode/FCT/4/5/454#sthash.C1YUWMhR.dpuf
3. Upon a finding by the court that a respondent has willfully failed to obey any lawful order of support, the court shall order respondent to pay counsel fees to the attorney representing petitioner pursuant to section four hundred thirty-eight of this act and may in addition to or in lieu of any or all of the powers conferred in subdivision two of this section or any other section of law: (a) commit the respondent to jail for a term not to exceed six months. For purposes of this subdivision, failure to pay support, as ordered, shall constitute prima facie evidence of a willful violation. Such commitment may be served upon certain specified days or parts of days as the court may direct, and the court may, at any time within the term of such sentence, revoke such suspension and commit the respondent for the remainder of the original sentence, or suspend the remainder of such sentence. Such commitment does not prevent the court from subsequently committing the respondent for failure thereafter to comply with any such order
Please change these Draconian laws, aren't the jails already full enough with violent criminals?
The Decision Makers
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Petition created on December 7, 2013