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Jailed for paying maintenance? -- Activist advises fathers to keep a record of child support payments -- or risk jail

Fathers paying child maintenance have been urged to protect themselves and make their payments above board following an increasing number of young men being sent to prison.

Eddie Fisher, President of community group Child Watch, said a number of young dads claimed to regularly hand over bundles of cash to their children's mothers, but have no record of it.

If the estranged parents fall out, then the father has no recourse and could be sent to jail for 90 days for non-payment of maintenance if the mother decides on a whim to take him to court.

As a member of the prison fellowship, he said it was not uncommon to find fathers who had been naive and chosen to come to maintenance arrangements outside of the courts.

But he advised them to go the official route or at least make sure they received signed receipts for the cash.

He said: "I don't for one minute believe that all men who are sent to prison have paid their maintenance in some shape or form, but there are some that do.

"I know one man who paid $100 a week to the mother of his child without any problems for a long time. He trusted her and had never asked for receipts or any proof of payment.

"However, as soon as he got into a new relationship with another woman, she turned nasty on him.

"She took him to court and claimed that he owed her a tremendous amount of money, and the sad thing is, he had no recourse whatsoever. As a result, he is now doing 90 days in prison.

"Men should just take greater precautions, so they do not get caught out.

"If they hand over cash, they should get some kind of written and signed proof, and if they buy their children clothes and shoes, they should keep the receipts.'' There are currently 48 men in prison in Bermuda for non-payment of child maintenance, but the annual figure is up to four times that.

Fathers accused of failing to keep up with their payments are jailed for 90 days at a time. They must begin to pay off the debt while in prison, or face an additional 90 days on their sentence.

Commissioner of Prisons Edward Dyer said although the child maintenance inmates put a strain on the already over-crowded jail system, he was not opposed to the punishment.

He said: "They come in here with a 90-day sentence, but can leave before the 90 days is up if they pay up.

"If they do not pay up, they could be kept here for another 90 days -- we have one man who has been in for about a year so far.'' But Mr. Fisher said he believed the answer was not always to send people to prison.

Besides child maintenance cases clogging up the over-crowded system, he said it could also lead to greater and more long-term problems for the father and the child, leading to resentment and guilt on both sides.

He added: "I wish the courts could enforce parental involvement, as well as payment because it is not always about money.

Fathers risk prison term The most important thing is that both parents are involved in the upbringing of their child. But the judges don't seem interested in that.

"There should be other options to prison. Some men refuse to pay the mothers because they don't see any of it going to the children -- instead what they see is the children in need of shoes and clothes and the mother dwindling it away.

"There should be a way that men can see where their money, or at least part of it, is going. For example, if they pay the child's medical insurance, or school fees, or even their clothes.

"As it is, they pay money and many men feel that while they are making regular payments, the mother tries to turn their child away from the father, telling them that he does nothing for them.'' Child Watch was formed a year ago to assist parents and to promote the importance of both parents being involved with their children.

But in recent weeks the membership has grown and more and more people are attending the regular meetings.

However, Mr. Fisher said he has received lots of verbal support, but is urging people to really get on board by attending the meetings, or at least, completing its questionnaire.

He added: "We can only really make a difference if everyone gets on board.

This is an avenue for parents to get things done and change things in the best interests of their children.'' Child Watch will meet tonight, on the ground floor of the Youth and Sports Department building on Court Street, behind Supreme Court Three. It begins at 5.30 p.m.

For more information, call the group on 291-1000.