Child Support Hearing

[SOFreddie25]

What is the name of your state (only U.S. law)? VA

So my husband is a stay-at-home-dad caring for our three children. He has two children from a former marriage for which he has a mediation agreement to pay child support. He is in arrears and is currently unemployed. When my sister was a live-in nanny, he worked part-time with garnishments to pay his support. However, he lost his job due to cut backs and my sister moved out leaving us without child care. We cannot afford day care or any paid care (my sister worked in exchange for room and board).

He has been issued a show cause for not making payments (which I cannot afford to make on his behalf). My question is, can the courts put him in jail for non-payment even though he is responsible for the care of three other children? If he goes to jail, I can't go to work and the family loses all source of income.

Additionally, he is not an absent father. He takes the children every other weekend and one week each summer. We contribute financially to birthdays and extracurricular activities when we can.

I'm panicking because of the implications of what the law CAN do. They have already suspended his driver's license.

 

[Proserpina]

What is the name of your state (only U.S. law)? VA

So my husband is a stay-at-home-dad caring for our three children. He has two children from a former marriage for which he has a mediation agreement to pay child support. He is in arrears and is currently unemployed. When my sister was a live-in nanny, he worked part-time with garnishments to pay his support. However, he lost his job due to cut backs and my sister moved out leaving us without child care. We cannot afford day care or any paid care (my sister worked in exchange for room and board).

He has been issued a show cause for not making payments (which I cannot afford to make on his behalf). My question is, can the courts put him in jail for non-payment even though he is responsible for the care of three other children? If he goes to jail, I can't go to work and the family loses all source of income.

Additionally, he is not an absent father. He takes the children every other weekend and one week each summer. We contribute financially to birthdays and extracurricular activities when we can.

I'm panicking because of the implications of what the law CAN do. They have already suspended his driver's license.

Yes, he can certain end up in jail. The other three children are not the court's problem - and his prior children don't need to eat less just because he's not working.

 

[SOFreddie25]

Yes, he can certain end up in jail. The other three children are not the court's problem - and his prior children don't need to eat less just because he's not working.

His ex-wife has also remarried, is living off of state and federal support and her husband works (she does not and never has). They are not going hungry by any means.

 

[Proserpina]

His ex-wife has also remarried, is living off of state and federal support and her husband works (she does not and never has). They are not going hungry by any means.

If she's getting state aid, he might find himself owing the state too.

Seriously - he needs to have been supporting his children.

Jail is usually a last resort - how long has he not been paying? How much does he actually owe?

 

[Eekamouse]

Wow. Why is breeding when he obviously can't afford to support his children? He needs to get a JOB.

 

[SOFreddie25]

When he's had work he's paid more than 80% of every paycheck to child support. It's been about 10 months since he last worked. He's in arrears over $30,000 but I don't know the exact number.

So the court's will seriously destroy a family and leave all of his children suffering if he can't pay? Because THAT makes sense...

 

[SOFreddie25]

Wow. Why is breeding when he obviously can't afford to support his children? He needs to get a JOB.

Because they both remarried and had new families, which is very common. What an asinine comment...

 

[OHRoadwarrior]

As you noted, he is intentionally unemployed/underemployed. It is reasonable to asses support based on that choice. As you are the bread-winning portion of your team, the two of you should work out how a portion of your income can be directed to fund the liabilities he incurs staying home for your benefit.

 

[Eekamouse]

He knew 10 months ago and three children ago that he needs to support his offspring. How much is he supposed to be paying a month because judging from the amount in arrears, he wasn't paying when he had a job.

 

[OHRoadwarrior]

Because they both remarried and had new families, which is very common. What an asinine comment...

So your solution is we should pay for his children so you can continue to get knocked up?

 

[Proserpina]

When he's had work he's paid more than 80% of every paycheck to child support. It's been about 10 months since he last worked. He's in arrears over $30,000 but I don't know the exact number.

So the court's will seriously destroy a family and leave all of his children suffering if he can't pay? Because THAT makes sense...

What about his OTHER family?

Why should THEY suffer?

I'm confused.

 

[stealth2]

His ex-wife has also remarried, is living off of state and federal support and her husband works (she does not and never has). They are not going hungry by any means.

Here is the problem... It is no more her husband's responsibility to care for her children than it is for you to support his.

 

[Ohiogal]

When he's had work he's paid more than 80% of every paycheck to child support. It's been about 10 months since he last worked. He's in arrears over $30,000 but I don't know the exact number.

So the court's will seriously destroy a family and leave all of his children suffering if he can't pay? Because THAT makes sense...

The court is not the one destroying a family. YOUR HUSBAND is the one being irresponsible with his breeding and non-support of his children causing the state to have to pick up the slack. Your husband is the one who is responsible for this mess. With $30k in arrears, he very well may be placed in jail for a period of time (criminal nonsupport) or for contempt until a purge can be paid. You are not seeing that the one at fault here is NOT the court but YOUR DEADBEAT HUSBAND.

 

[Ohiogal]

As you noted, he is intentionally unemployed/underemployed. It is reasonable to asses support based on that choice. As you are the bread-winning portion of your team, the two of you should work out how a portion of your income can be directed to fund the liabilities he incurs staying home for your benefit.

Nothing reasonable about the bolded. They tend to unreasonable and stubborn as all get out.

 

[Just Blue]

Because they both remarried and had new families, which is very common. What an asinine comment...

Why can't your hubby work when you are not? He works a day shift you work nights...or he works nights and you work days. That way you or he are watching the children and no 3rd party care is needed. The GOV should not have to subsidize your hubby's procreation choices.