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[Jakata]

What is the name of your state? Ohio

I have been separated from my husband since March, when he was arrested for DV and felony drug possession. I have a temporary child support order, issued in June. He has yet to make a payment, but took me to court to reduce it to minimum wage scale since he is not working. (He also claims he is disabled due to his addiction problem) The judge basically told him to get a job and start helping with bills and paying cs so he looks favorable this month when we appear before the court for the divorce.
My question is what will the court do since he hasn't abided by the judge's suggestion? I have very little hope that he will ever be consistant on helping with our child or the debt, but I'd like to know what to except.
Thank you.

 

[Boxcarbill]

You know what you can expect: arrest on criminal charges and the revolving door of the criminal justice system; unemployment and when he is employed it is as a result of the terms and conditions of probation and parole. More drug sales; more prison time. More arrears; more interests.

 

[Jakata]

I guess what I wanted to know is what will happen legally, if anything. And, yes, I do know that all the things you mentioned will continue, that's why I'm realistic concerning cs. So the judge's suggestion that he start paying was just that, a suggestion, not an order?
I keep being told that if he doesn't pay I will get his tax return money. But if he doesn't work, then there's no refund.
Thanks for replying, I appreciate it.

 

[nextwife]

People only get refunds when they OVERPAY their witholding. Even if he works and has witholding, there is no refund unless he pays more in witholding than what his income will require in taxes.

How long has he been into drugs?

 

[Jakata]

He's been on drugs, off and on, for about 20 plus years. He had periods of years when he abstained, but always went back. The last 3 years he decided that Herion was a good drug.
They are supposed to do random drug testing, but so far he's still walking around high and free.

 

[Boxcarbill]

I guess what I wanted to know is what will happen legally, if anything. And, yes, I do know that all the things you mentioned will continue, that's why I'm realistic concerning cs. So the judge's suggestion that he start paying was just that, a suggestion, not an order?
I keep being told that if he doesn't pay I will get his tax return money. But if he doesn't work, then there's no refund.
Thanks for replying, I appreciate it.

A judge can order someone to get a job but they cannot compel then to work and pay their bills. The law works because the majority obey the law. For others, like your husband, the law meters out punishment for failure to comply but punishment does not necessarily bring about compliance with the law. Hence, the repeat offenders. . Your husband has a felony criminal charge pending against him so that pretty much trumps anything else. If he is eligible for probation, he will be ordered to be gainfully employed and to make monthly payments to the probation department and to support his dependents, etc. as a term and condition of probation. But in all realitiy he will probably not do this or if he does it all, only for a very short period of time. He will be revoked and he will do prison time. Child support arrears and interest will accumulate.

He will get out of prison on parole and he will pledge to his mama and you and the child that he has been "reborn." Drug addicts are generally very charming and master manipulators and those around them want to believe and so they do--until the next time--when the circle begins again. He will find that employers don't like to hire felons nor do they like to hire junkies and that what jobs are available pay lower than drug sales, have Federal taxes and FICA taxes withheld and come with a supervisor. The job will just be too constraining and society has been grossly unfair to him. At the risk of stating the obvious, neither junkies nor criminals in general are much into conforming their behavior to societal norms or law. So even if he were to go to work, it wouldn't last long. What a family law judge does or says is of little to no relevance and neither is it important what a criminal court judge says. Your husband is going to do exactly as he pleases and is willing to put up with the inconvenience of some jail time periodically to do as he pleases.

 

[nextwife]

With all due respect, Jakata, if he has 20 YEARS of history as a drug abuser, unless your child is over age 20, you were very well aware of your long odds of being able to rely on his support BEFORE choosing to make a child with him. It is no different, in net result, than if the father had a degenerative illness that you knew would likely keep him from being able to function in the work world, and that would likely get worse. Yes, the drug use is technically a voluntary disability, but if he's been a user for 20 years, you had to know he was unable to stay straight.

This situation cannot be different than you could realistically have expected.