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Free the Rikers 7Due process · Civil contempt · Family rights
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Erik Lazo Padilla

A 27-year-old unemployed father from Queens whose support obligation, his account says, was calculated from W-2s for a job he no longer had — and who was jailed for civil contempt.

DUE PROCESSABILITY TO PAYCHILD SUPPORTCIVIL CONTEMPTLANGUAGE ACCESSFAMILY SEPARATION
Photographs supplied by the family have not yet been added to this profile.Documentation requested
FIRSTHAND ACCOUNT

Firsthand Account

In his own words

Published exactly as supplied. Not edited, corrected, shortened or paraphrased.

I will now read the story of one Eric Lazo Padilla. That's Eric, E-R-I-K, Lazo, L-A-Z-O, Padilla, P-A-D-I-L-L-A. Eric Lazo Padilla is a 27-year-old father from Queens. He's an American citizen born in New York, but at the age of three moved with his parents back to their home country of Ecuador, where he was raised until he graduated high school, then moved back to New York at the age of 19. As a result of this, Eric's primary language is Spanish, and he speaks little English, making finding a job much more difficult than your average English-speaking American. Eventually, Eric found employment doing electrical work, and at the age of 22 got married and made two children: his son Gabriel, who is now four years old, and his daughter Ariana, age six. In 2024, Eric got laid off from work. His marriage struggled, and he and his wife decided to separate. Upon that decision, Eric's wife decided to place Eric on child support, but he was still unemployed. When the Family Court Child Support Collection Unit did an assessment of Eric's financial situation on the CSSA calculation sheet, he put all the zeros in all columns, including income and assets. When the Family Court attorney assigned to Eric asked him what he did for a living, Eric showed him the W-2s from his former employer, a job he no longer had. Nevertheless, the lawyer took these documents from Eric and used them to calculate child support payments. Eric believes the lawyers did it intentionally, even though he knew Eric was unemployed. With financial help from his family, Eric was able to provide basic child support to himself and children, spending time with him during the week for a few hours and the weekends. As months went on, Eric continued to look for work, doing any odd job here or there, but nothing stable or substantial. Not understanding the system or the consequences of the falsely calculated $650 monthly payment piling up, Eric was now over $10,000 in back child support payments. When summoned to court to answer why he had not been able to pay his arrears, without a hearing or notice, Eric was sentenced to several months imprisonment for civil contempt, which is not following the court's order to pay the child support. Now imprisoned, Eric's children was left without their father, feeling abandonment from missing his during the week visits and weekends with him. Eric lost the support of his family as they accused him of being a criminal, not understanding how someone can be sentenced to time in jail without criminal charges, they assumed Eric was lying that he did commit a crime, and the son and brother they once loved was now a criminal they could no longer associate with. Soon Eric will be released to reside in a homeless shelter instead of on his own or with family. But the bigger sentence, the bigger issue, is that if he doesn't learn the law to correct these errors, or figure out how to find work to pay the child support and get his family back at any moment, without due process, a warrant for his arrest can be issued by a family court judge, and he can be sentenced to even more time than before. Eric needs help, not punishment in the form of imprisonment. Eric has not committed a crime. He is not a criminal. He has not been charged or even accused of a crime, but the courts, or his family, and possibly his children, don't see that. He is automatically labeled and shamed as a negligent father, and forced to live under the immense pressure of uncertainty.

Case Timeline

Verified timeline events are entered separately from the firsthand account. Documentation for this timeline is being compiled.

Where Erik says due process failed

These are the questions his account raises. They are campaign positions and attributed claims, not findings.

Notice

Was he properly notified?

Opportunity to Be Heard

Was he given a meaningful hearing?

Ability to Pay

Was his current unemployment considered?

Calculation of Income

Were former W-2 wages used as current income?

Ability to Pay

Was his ability to pay determined?

Findings of Willfulness

Was nonpayment found to be willful?

Language Access

Did limited English affect his ability to understand the proceeding?

Language Access

Was adequate language assistance provided?

Counsel

Did he receive meaningful assistance from counsel?

Impact on his children and family

According to Erik's account, his son Gabriel and daughter Ariana lost the weekday and weekend time they had with their father, and his family withdrew from him because they could not understand a jail sentence without a criminal charge. His account states he expects to be released into a homeless shelter.

Documents & court records

Documentation for this section is being compiled. Court orders, proofs of service, transcripts and commitment orders will be published here with source and verification labels, after review for private information.

Key quotes

Eric needs help, not punishment in the form of imprisonment.
Erik Lazo Padilla — firsthand account
He has not been charged or even accused of a crime, but the courts, or his family, and possibly his children, don't see that.
Erik Lazo Padilla — firsthand account

What still needs to be verified

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