PLEASE HELP desperate

[SomebodyVirginia]

My husband is being taken to court for back child support. His failure to pay was not out of malice, it was due to financial hardship. The summons threatens up to a year of jail time. Here is the problem: I have 2 sets of twins, ages 9 and 5. He is the father of the 5 year olds. The father of the 9 year olds is deseased due to heart failure and cannot help. I live far away from my family and have absolutely no help from anyone here. And worst of all, I would lose my job if he were not out here because of the way our jobs are connected, and also because I cannot afford to hire a babysitter for 4 children. We live "paycheck to paycheck" and have no savings. We would be out on the street if they put him in jail.

It doesn't seem right that the real people being punished would be his family, including 4 small children, who were not obligated to pay this money, who will have no means to survive and pay the bills. I wish I could go to jail in his place - it would be easier than being homeless.

Is there anything we can do to prevent him from going to jail? I understand they won't want to have no remedy, but this is not right and punishes the innocent the most. Please - what are our chances of convincing the judge that jail would not be the appropriate action, and what is the best way to convince the judge of that. Would they consider a different punishment, and if so, what other remedies would they consider? What usually happens when there are extenuating circumstances like this?

Thank you to anyone that helps. I am in a panic facing this absolute catastrophe.

[naturebaby]

They are his children hardship or not he should have paid his support

[DEE-DEE]

My husband had this same issue a couple of years ago. I must say that I use to believe that fathers that did not pay child support were dead beat parents. After being with my husband I know longer agree. We all fall into hardships and if you are constantly out of work it is hard enough to catch up on the rent and utilities not to mention the child support. I just find it funny that if a woman is unable to find work she can seek assistance from the state to help care for her children at no charge. On the other hand if a father is out of work or unable to work, his child support continues to accumulate. Now don't get me wrong, I am a mother of 2 and I do believe that once you have a child you are obligated to care for that child. But there got to be some set of law set in place for these honest fathers that are doing the best they can to survive and fall behind on child support. In my husbands case, he was out of work for 6 months due to an illness. His child support continued to add up. When he was able to go back to work he had to catch up child support, rent, utilities, car payments off of $8.00 hour. That was not possible - so he had to go infront of the court to see if he was in contempt. They sentenced him to 6 months in jail since he could not pay all the back support. While in jail for 6 months the child support still calculated. He got out and while looking for work the child support still adds up. This cycle continued with him for over three years when we cried out to family and friends for help. I don't know I think we need the system but I believe it is not a fair one. They need a way to seperate the fathers that can pay but refuse from the fathers that want to pay but can't. good luck