Dave Foley says he can’t afford to pay child support as ordered by an Ontario judge:
Foley explained during an interview on comedian Marc Maron’s podcast that he was recently ordered by an Ontario Family Court judge to pay his first wife and two teenage sons more than he has been able to earn.
“I’m happy to give away half my money, that would be great,” said Foley. “But I’m literally obligated to give away 400 per cent of my income, or otherwise go to jail.
“The judge even said, if I was paralyzed from the neck down, I would still be responsible for having to earn a million dollars a year.”
The enforced ruling has motivated Foley, who also starred in the sitcom “NewsRadio” during the Kids in the Hall’s mid-to-late-1990s hiatus, to pursue a solo stand-up comedy career at age 48.
But ex-wife Tabatha Southey, now a humour columnist for The Globe and Mail, might see things differently.
The couple met in the early days of Kids in the Hall, who caught their big break after performing in the back room of Toronto’s Rivoli club in the mid-1980s, when she was the girlfriend of Foley’s best friend.
However, according to the interview with Maron, their relationship was mostly non-physical for the 11 years it lasted, notwithstanding the birth of their two children. Foley and Southey divorced in 1997.
While he was re-married to American actress Chrissy Guerrero a few years later, and the couple had a daughter in 2003, Foley said the strain of having to pay spousal and child support for his first marriage contributed to the recent dissolution of the second one.
Foley explained the latest ruling stated he remains on the hook to Southey whether or not he is able to earn the money, and whether or not he is alive.
It’s been a while since Foley had a popular sitcom (NewsRadio) and voiced the main character in a Disney/Pixar animated film (A Bug’s Life), but his IMDb entry still shows him working regularly (even if he’s been reduced to TV guest appearances and Uwe Boll movies) . If he really was ordered to pay four times his annual income in child support, the judge must have imputed to Foley an income level based on his late-nineties career.
In that case, Foley would have grounds to appeal the decision. If the order was made some time ago, and his career has taken a hit since then, he could apply to vary the order based on this change in circumstances. And if he is supporting another child, he could conceivably claim undue hardship warranting a variation from the Child Support Guidelines, too.
That’s giving Foley the benefit of the doubt, though, and this story makes it look like he’s chosen to run away from the problem instead of trying to fix it – and he may find out that staying in the United States won’t get him off the hook.
(via Kathy Shaidle)