Virginia Department of Child Support Enforcement Virginia DCSE Defamation of Character, Wrongful Incarceration, Discrimination of a Disabled Individual, Emotional Distress, and just plain wrong. Fishersville Virginia

My husband as of 2 years ago was paying his child support over the course of 12 years and working three jobs. He was still barely able to keep a steady living circumstance even with custody of one of his children. As of 2 years ago, he fell ill and filed for disability and denied. As of now, he has filed; kept the courts up to date on his conditions, medical records, medications, as well as disability claim. He was told before his two cases to bring in a note. Unfortunately the first case he attended he could not give them a note because the doctor wanted to see him 2 weeks later before determining his can/cants for work basis. He was sentenced 10 months or $2000 purge. I, his wife, had to borrow the money from a friend that understands his medical conditions and how serious it can hurt him being in jail. There is a $200 co-pay for inmates and let alone he was not receiving his medications in jail like he should have been. While in jail he formed a numbness in his right arm, stumbling, and very ill. I paid the purge to get him out within a week and took him to the ER. They thought at first he had a stroke but, later found nothing on the scans. The NP and doctor both stated he was showing signs of MS as a possible culprit. He then visited his doctor before his second case. The doctor gave him an assessment/doctors note stating the following to help him in court as well with his conditions;

He has been referred to both a pulmonary specialist and a neurologist;

"In my assessment of patient I discuss medical necessity to support why patient needs quality/combo inhaler. (My husband was diagnosed with COPD). Will also send patient for pulmonary function test, and have counsled patient on smoking (which he has quit). If patient is willing to try- we will work together to stop tobacco use. Very concerned about 18lbs weight loss in past month. Functionally patient is limited currently in his capacity to hold a full time physically demanding job- only weighs 121 pounds and is 70; BMI 17.4. He is underweight. Has an unsteady gait. Until his pulmonary and neurology consults are completed patient needs to work either a light duty- I would be glad to look at job description and give you my professional opinion of what patient will be able to do- he should be on restricted duty and not working in heat excess of 75 degrees. Also due to heart condition with low ejection fraction he need not lift more than 10lbs to start with but, as he starts a job if he follow up weekly we can help increase his job duties safely so he can work safely and be a productive employee. Encourage protein shakes 3 x day to encourage weight gain. patient to follow up weekly"

PER DOCTORS ORDERS

In his second case, the DCSE attorney clearly stated "I understand what your doctor is stating but, I think you are making out worse than what you really are." (Basically she accused my husband of not being as sick as his doctor is obviously stating.) The judge sentenced my husband to 30 days or $500 purge (charged with willful contempt to pay child support, even though its not considered willful if my husband is stating his cannot with his limitations find a job willing to hire but, is willing to work it out with his doctor to get to a state to work). I had to once again, while pregnant, ask someone to help. I borrowed the $500 to get him out because he NEEDS to be seen weekly and has doctors appointments. I then was informed by his doctor that he is suffering from Hypothyroidism and low blood sugar. His doctor still believes there is an underlying condition of which he needs to continue being seen. Even in jail over the holiday weekend because I could not pay his purge at this time, he was not given his medicine on time or in the right manner.  

I now owe $2,500 to a friend, in these cases, because of the necessity of him being seen by a doctor. Now mind you yes my husband did not work for 2 years but, this was because of his condition. We have paid purges in the past to keep him out of jail because of the same issue. I would think that these purge payments would show some sort of trying. But, both my husband and I are not working. One, because I am pregnant and have been looking for a job. My husband on the other hand has put in applications but, is always turned away because of his limitations/restrictions. We have his son from a previous relationship (I consider him my son). My husband and I are legally married with custody of one of his children. But, the two cases are for his other children. Once of which we cant even nor has he ever been able to afford a DNA test. (His ex's mother informed us that his ex actually was with her ex-husband around the time she got pregnant with his youngest). So, we are basically at a point that he keeps getting crapped on by the courts because he is trying? But, two cases after his people owed more than 58,000 dollars in arrearages and walked with no payments. But, my husband owing around 25K gets sentenced and is medically deemed very ill.

I am losing my faith in the justice system as well as the fact that ANY DCSE Attorney can be so cruel to someone so sick. Let alone a judge find a man in Willful Contempt of Court to Pay Child Support when he has proven otherwise.