An English expatriate with three Bermudian children won an appeal yesterday against a Family Court decision which sent him to prison in April for not paying his child support.

Anthony Poerstamper was sentenced to 90 days in prison on April 11 for "wilful default" on the $22,000 he owes in child support payments.

Poerstamper has three Bermudian children by two mothers.

Yesterday one of those mothers, Gina Richardson, told the court that while Poerstamper says he wants to stay in Bermuda to be near his children, when he is not in prison, he doesn't come to see his son.

"I have never taken him to court, not once," Ms Richardson said. "I have never asked him for money. He takes himself to court, not me. This is not about money. He says its about his children but he doesn't spend time with his son.

"The court ruled he could see his children and spend time with them every other weekend but he doesn't even call them on their birthday or Christmas."

The 90-day sentence handed down in Family Court in April was Poerstamper's third consecutive prison term for non-payment. At that time he had been incarcerated at Westgate Correctional Facility since October 26, 2000.

Poerstamper's attorney Richard Horseman argued yesterday that as Poerstamper was in prison and prevented from participating in a prison work release programme by the Department of Immigration, he could not have been wilfully in default on that date.

Mr. Horseman said it went against the spirit of the law to serially incarcerate men on non-payment of child support because the law specifies that terms for that offence should not exceed three months.

"Somebody could potentially be locked up for two to three years," said Mr. Horseman. And he added that while the tough stance against deadbeat dads in Family Court might be effective in bringing in arrears payments, the law does not yet allow for such long periods of incarceration.

Mr. Horseman said that on the day Poerstamper received his third sentence, he had recently secured work and had $300 with him to pay on his arrears but he was sent back to Westgate anyway.

"He could not have been wilfully in default on April 11," Mr. Horseman said.

Chief Justice Austin Ward upheld the appeal, saying there was no evidence that Poerstamper was in default on April 11 but given the present economic situation and that Poerstamper is an unskilled worker, it is unlikely he will obtain a work permit.

"In the present economic climate, it's not reasonable to expect to obtain such a permit. If you don't secure employment in Bermuda, common sense dictates you should seek employment elsewhere."

Justice Ward said the Magistrate was correct to imprison Poerstamper on October 26, 2000 and if he misses additional payments he will find himself facing prison again.

"Rather than face a deportation order, I think he should put his affairs in order if he doesn't get a job," said Mr. Ward.