My fiancé fell behind in child support payments.. was taken to jail. Just doesn’t seem right

Q) Hi. Last year in November, my fiance fell behind in his child support payments, and was taken to jail. His mother got sick and we all thought she was going to die, so to get out of jail the court offered him drug court even though he’s never been on drugs nor has had a drug related offense or charge. Afraid that he would be incarcerated if his mom passed away, he took the offer and had been in there for 9 months. He has never failed a drug test or violated and rules or regulations. It was hard for him at first to get a decent full time job to pay his full payment plus take care of himself not to mention running 40 miles back and forth to take drug tests, go to court, groups, classes etc and still keep his job. Needless to say, this has been a very difficult and challenging thing for not just him, but for both of us. It’s taken every dime we have just to keep our heads above water and make sure he does what is needed to avoid jail time. Now he’s sitting on jail on what was suppose to be a 7 day day sanction for being late…due to his job…which he needs to pay his support. They revoked him and are now sending him to a rehab facility for 6 months. I do not understand this. They are sending someone who has never had a drug problem to a drug rehab so therefore he can fall more behind on child support…which was the whole reason for him even getting drug court in the first place. He has a full time job and a wonderful boss who is willing to hold it and plus he’s been making woo dollar payments every Friday. This just seems so unfair and how once again his life and our lives are put on hold. This just doesn’t seem right and there has to be something we can do so that he can get out and go back to work and continue making his payments. He also doesn’t get to see his children due to his ex wife not allowing it.

A) I understand that this situation is very difficult for you and your fiancé. It is important to speak with a family law attorney who is familiar with child support and drug court in your area. They can advise you on your options and whether your fiancé’s rights are being violated. It is also possible to file a motion for reconsideration or appeal the decision to send him to rehab. Your fiancé should also continue to make payments on his child support obligations, even if he is in rehab. If he is unable to make the full payments, he can contact his child support caseworker to set up a payment plan or request a modification based on his changed circumstances.

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