Parents Face New Penalty For Failing To Pay Child Support

Change Allows Electronic Monitoring, Jail Time

Updated: 9:41 am CDT July 8, 2009

A local judge and a sheriff are squaring off over changes to a state statute.

At issue is the penalty parents face when not paying child support. Critics said the recent change may actually eliminate a motivation to pay-up.

"We're real concerned that when word gets out that the consequence for hanging out at home and not paying child support is to go hang out at home with electronic monitoring bracelets on your ankle we just lost our power to coerce the payment of child support from these people,” said Dane County Judge Bill Foust.

Until June 30, parents not paying child support were held in contempt and jailed for up to six months.

The change in the state statute now allows sheriff’s to release any inmate on electronic monitoring, the jail’s Custody Alternative Monitoring Program (CAMP), including those who fail to pay child support. Those parents were previously ineligible for electronic monitoring.

"It is not in the best interest of children, families for a dead beat dad or a dead beat mom to sit in jail for up to six months and not pay child support," said Dane County Sheriff Dave Mahoney. "My intent if somebody is brought into the jail for failure to pay child support. I will immediately notify the court to try to get this individual in before the family court commissioner for a hearing to work out a process to pay child support."

Judge Foust said Tuesday that allowing parents to be released on house arrest will lead to problems, in part because family court commissioners tell him a quarter of people jailed for not paying child support; end up paying within a week of being behind bars.

Judge Foust sent a letter to Mahoney on Tuesday, urging him not to release those who do not pay child support; stating it's "a very bad idea."

Mahoney had not yet received the letter, but said he disagrees with Foust and believes it is best is to get the inmate in front of a family court commissioner to set up payments.

Currently, there are no parents on house arrest for not paying child support, said Mahoney.

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