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Indebted mother faces jail threat

Bethanne Thomas: Facing jail threat (Photo by Akil Simmons)

A mother-of-two hauled before the courts for her debts has questioned why authorities haven’t been as vigilant in collecting the thousands she’s owed by her ex-husband.Bethanne Thomas says she’s been struggling financially without the child support payments — now more than $67,000 in arrears according to documents seen by this newspaper.“The courts threaten me with jail terms if I don’t keep up payments but at the same time they cannot or will not enforce child maintenance payments,” she claimed.“Court bailiffs get paid to do a job and it’s the taxpayers who pay them. My children have to eat every day — whether he pays up or not. Thank God there’s some help out there from organisations like the Salvation Army and others to help put food on the table.”She and her husband divorced eight years ago. Ms Thomas said she’s now the sole provider for their 15-year-old daughter and 11-year-old son.“He’s been in the courts since 2006, and the total in arrears is $67,225.07. This has mounted up from non-payment of $250 per week — $125 for each child.“When you work it out you can see how many years of non-payment that is. As far as I’m concerned he’s in contempt of court.”The 52-year-old said she was told that because her former spouse doesn’t have a fixed address, she would have to pay to have a summons served on him rather than have the court appoint a bailiff for the job.She said that even when she informed authorities her ex was living on a boat moored at Devonshire Dock, she got no help.“I was told that because groups of men congregate there, a bailiff would not go. They don’t go to places where they feel threatened or unsafe.“I asked if they could go there with the police or at least liaise with them. The clerk told me ‘no’ and that I would have to hire a private bailiff at $75 to serve papers on him.”A spokesman for the Judicial Department said there was “increased pressure on court bailiffs to effect service in the current economic climate”.“The court procedure is that the bailiffs should effect service where possible and where they have sufficient and accurate information, as to the location and address of those to be served,” he said.“We cannot comment on individual cases, but we will look into the concerns expressed and report on the outcome to the litigant in question.”He declined to disclose the total amount owed for child support payments across the Island.“We continue to upgrade our computer system and input historical data, so we are not in a position at this time to provide the total figure requested, but will do so when we are so able.”Women in her position should demand legislative reform, Ms Thomas told The Royal Gazette.“You have lots of mothers, single and divorced, who are forced into economic hardship due to non-payment of child support.“Now more than ever we need what’s owed to us for the welfare of our children. It’s time for legislative reform, or at the very least a structured system, to enforce laws already in place.”She continued: “Maybe it’s even time for a public register for delinquent fathers and mothers.“Delinquent fathers know how to go under the radar, they know how to beat the system so that no one in authority looks for them. It’s time for women like me to come together because one voice is not going to get it. We need to rally behind the powers that be, to change the system.”There needs to be legislation in place to “make deadbeat parenting unattractive [enough] to break the cycle”, she said.“That will help this society to become a better place. Trouble in the home is why we have a lot of problems around here anyway.“At one point the judge told me I’m looking at 21 days in jail if I fail to keep up with my payments. I would be the one to have to find someone to look after my children while imprisoned — not him.“I know you can’t make a 56-year-old man do right by his children if he has decided not to but he was brought before the courts two years ago and ordered to pay $2,000 towards what he owes.“Two years later I have yet to see $2, not one red cent.”Due to the continued serial abuse by a small minority of commentators, The Royal Gazette has taken the decision to not allow any comments on this story. This is in large part due to legal ramifications which have arisen in the past.