DAY 3

GREG DERR photos/The Patriot Ledger

Plymouth County Probate and Family Court PROBATE COURT at Plymouth. Judge Michael Livingstone frequently sends deadbeats to jail until they pay up.

Can't Pay? It's off to jail with you

By KAREN ESCHBACHER
The Patriot Ledger

They call him “Iron Mike” for a reason. Judge Michael Livingstone is not the man you want in the courtroom if you’re a deadbeat dad. He doesn’t buy excuses and he’s a firm believer that jail has a way of helping deadbeats find money for their kids.

“I’m certain it makes a difference,” said Livingstone, who sits on the Plymouth County Probate and Family Court.

Plymouth County Probabte and Family Court in Plymouth.

“About 80 percent of the people I send to jail come up with the money in several days,” he said.

Livingstone estimates he puts two to four people behind bars every week. Some haven’t paid their regular child support. Others have skipped on their kids’ medical bills or ignored orders to help with college tuition.

While Livingstone isn’t the only judge willing to lock up deadbeats, he acknowledges that he’s likely more aggressive when it comes to that option than some of his colleagues. That attitude is at least in part related to his prior job.

“Someone is hard-pressed to convince me there’s a legitimate reason for not paying child support, which I’m sure is a result of 20 years of divorce practice,” Livingstone, 48, said one day during a break in cases at the Brockton courthouse. “I’m familiar with the frustration of mothers unable to collect child support even after multiple trips to court.”

Nearly all of those jailed are found in civil contempt rather than prosecuted criminally, simply because the process is easier.

His sentences aren’t just for a day or two. Livingstone, a judge since December 2002, usually sends people away for 30 days, although he has sentenced people to the maximum six months if they keep thumbing their noses at the child support order.

In every case, he is required to set a purge amount, which the deadbeat can pay to get out of jail immediately. It’s typically a quarter of what parents owe in back support, although he sometimes makes them pay off all the debt if it’s not a huge amount.

“The worst offender I sent to jail was for $170,000,” he said. “He had the money in less than a week, paid up and got out.

“I tell people right up front, ‘I’m not here to send you to jail. I’m here to collect the money,’” he said.

Karen Eschbacher may be reached by clicking here.

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Chasing the money: Advice from the experts

Be persistent. The biggest mistake parents make is to sit back and think the state will get their money for them, says Debbie Kline, executive director of the Association for Children for Enforcement of Support, a Virginia-based agency that helps single parents work with government agencies to collect child support. "You can't give up. You need to be as squeaky a wheel as you can. ... You go in and say, 'You need to do a state parent locator. It's your job. When will you do that?' And then you need to call back and make sure it's been done."

Hire a lawyer, even if you think you can't afford one. Patrick McDermott, register of probate for Norfolk County, who tracks family court cases, said parents do better in family court with a lawyer beside them. "When your car breaks down, do you jump under the hood or do you hire a mechanic? When you have a legal problem, you should get legal advice," he said.

Get free legal help. Courts have "lawyers of the day" available to advise people who truly cannot afford their own attorney. They can advise you how to fill out paperwork and guide you through the process. They are not always available when you need them and they do not accompany you to the courtroom.

Be your own detective. The state uses automation to try to track down deadbeats. But experts say mothers can conduct their own searches by calling friends, family and neighbors to try to track down deadbeats. "A lot depends on how much elbow grease a mother is willing to put into chasing a man down," said Barry Lewis, a divorce attorney who has an office in Braintree.

Hire a private collection agency. Private agencies take a cut of the child support they collect - 28 to 30 percent - but desperate parents are willing to settle for a share of what they're owed. "People go the private route because we get the job done in less time," said Roni Mathis, managing director of Child Support Intervention, a private child support agency.

- Dina Gerdeman