Legal Question in Family Law in New York

Re: thrown in jail anyway

Q. can i apeal this decision

A. Yes. With limited exception, any decision in a lower court can be appealed. However, to stay execution of the decision you may have had to post a bond. And if I read correctly into you statement of the facts, your son is already in jail.

Q. is this a common practice, not from what im hearing.

A. No. It is not common practice. Normally a Family Court Judge does not like to confine a delinquent father because it affects his ability to earn an income. However, if your son was habitually late paying child support, if he always had the ability to pay, and just refused in order to cause emotional stress to the mother, that may give the Judge reason to punish the father. Failure to promptly pay child support is violation of an order and in contempt of court. As a result, the Judge may have been justified in jailing your son in an attempt to impress on him the obligation of TIMELY payment of child support.

Mike.