A federal judge has ordered Nation of Islam Minister Louis Farrakhan to appear in court to explain why payments to his son are not considered income.

A Gary couple are seeking to collect $350,000 from Farrakhan’s 48-year-old son, who lost a lawsuit after crashing his father’s Hummer into their car in 2003 and leaving the scene.

Nasir Farrakhan has yet to pay any of the punitive damages awarded to Charles and Gladys Peterson, though they received $464,000 for their medical expenses from his insurance company.

The younger Farrakhan has said he cannot pay because he has no income, has never been employed and has no checking account or savings. He argues the $1,400 in cash he receives from his father each month is legally considered charity, even though Nasir Farrakhan has acted as head of the minister’s 20-man security force for many years.

U.S. District Magistrate Andrew Rodovich on Dec. 11 ordered Louis Farrakhan and a financial representative of the Nation of Islam to appear in court in Hammond on Jan. 24 to answer questions from the Petersons’ lawyers.

The couple’s attorney, Michael Back, said the money Nasir Farrakhan is receiving from the Nation of Islam is income and can be garnished.