Former 'NewsRadio' Star Dave Foley in Dire Straits

[Brian Damage]

Dave Foley guest-starred on ABC's 'Desperate Housewives' last month as the guy who couldn't get the girl (Teri Hatcher) even when he pledged to give her a life-saving kidney -- all because he morphed into a stalker. The former 'NewsRadio' and 'Kids in the Hall' star probably wishes his real-life problems were only that simple.

On Feb. 3, the dry funny man agonized on fellow comedian Marc Maron's podcast, WTF, about how he will be thrown in jail if he returns to his native Canada because he says he can't afford court-ordered child support payments to Tabatha Southey, his first wife, and their two teenage sons, 18 and 15.

Foley, who rose to fame in the Canadian comedy troupe 'Kids in the Hall,' met Southey, a freelance journalist, in 1983 and wed her eight years later. They divorced in 1997 after six years of marriage. His second marriage to actress Crissy Guerrero ended in 2008. They have a daughter together.

At a Nov. 15 default hearing in Toronto, a judge from the Ontario Court of Justice – using information including Foley's most recent tax return and credit card bills -- upheld the existing child support agreement that says Foley must pay his ex-wife and their two sons child support of $10,700, which has been indexed for inflation. (Southey waived her right to spousal support when they divorced.)

He also has to pay an additional $5,000 a month toward the $589,082 in arrears that he has racked up since August 2003. (Southey's lawyer, Jacqueline Mills, says the arrears figure is actually higher because it does not include costs like paying off the mortgage of the home they shared, to which he had also agreed.)

The Ontario judge said that Foley would go to jail for 10 days for each payment he missed. Foley brought a check for $20,000 to court on Nov. 15 for back child support, and would have gone to jail if he failed to do so.

Since the Nov. 15 hearing, Foley still has not paid Southey for December, January or February, says Mills.

Foley told Maron on the podcast that the November ruling has left him in dire financial straits. "I'm happy to give away half my money, that would be great," he said on the podcast. "But I'm literally obligated to give away 400 percent 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.



http://www.popeater.com/2011/03/09/d...batha-southey/