In a Decision – Macekv. Peisch (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that a Father who was avoiding arrest on $101,000.00 in owed child support could not seek judicial help.
The trial court found that Father was willfully unemployed and not indigent, and permitted an “ability-to-pay” hearing. The trial court determined Father not to be indigent, and found him willfully unemployment. Father was incarcerated. Due to his refusal to cooperate with the work release program, Father was later placed in general population at the jail. Father was released and another warrant was later issued for his arrest for failure to pay support after his release. The court dismissed the instant appeal under the legal doctrine of fugitive disentitlement. The court noted a litigant may not obtain the protection of the judicial system to appeal a non-indigency finding while avoiding arrest on an outstanding child-support bench warrant. Because Father was a fugitive, the court dismissed the appeal.