A jury spent less than one hour deliberating before convicting a Bedford man for not paying child support last month and the Brown County Prosecutor’s Office is preparing more felony charges for other non-payers.

On Aug. 6, Joshua Barton, 44, was convicted on two felonies for not paying child support after a jury deliberated for less than 54 minutes.

“It was really nice to secure such a conviction,” Deputy Prosecuting Attorney Brent Cullers said in a press release from the prosecutor’s office.

“Not only for the custodial parent and her children, but also because August is National Child Support Awareness month.”

Cullers is the prosecutor’s office full-time child support prosecutor.

Since Cullers joined the prosecutor’s office in January 2019 child support collections increased each year, including an 8 percent increase last year.

The prosecutor’s office collected $1,333,239 in child support last year. That money directly benefits children and the local economy, Cullers said.

“Folks find our office much more user-friendly, approachable and helpful. I’m proud of what Mr. Cullers and our Child Support Administrator Jerrica Shrader have accomplished. They’re an integral part of our team,” Prosecutor Ted Adams said.

The office was also recently recognized at the state level for being the most improved child support office. The office also was recognized for meeting or exceeding state and federal metrics for the past two years.

Not paying child support can result in a Level 6 felony and sometimes a Level 5 felony if a person was previously convicted for not paying.

“It’s a hammer, and it’s a tool we use against folks that simply will not accept the responsibility of supporting their dependent children. It is usually our last resort tool,” Cullers said.

“If we use it, you know that all other methods of enforcing support have failed.”

Barton’s charges were filed in November 2017 for a 20-month period between November of 2013 and May of 2015. During that time, he paid 38 percent of his obligated support payment that he had agreed to pay.

During the same period, the children’s mother utilized numerous social programs to assist struggling families. Barton also visited with his children nine days out of the 79 weeks.

“That’s not support. That’s not even close,” Adams said in his closing argument.

The child support Barton did pay over 79 weeks equaled $3.50 per child, per day.

“That wouldn’t even buy each child a McDonald’s Happy Meal,” Cullers said.

The children’s mother also testified during the trial about struggling with addiction and leaving Barton to get sober.

After completing treatment, she moved out of state with her children. She has since been able to establish herself in a career and can support her children without relying on Barton, the press release states.

According to the prosecutor’s office, Barton is approximately $20,000 behind in payments.

Barton worked jobs, but would quit showing up whenever an income withholding order came in requiring an employer to automatically deduct child support payments, the release states.

He testified in his own defense last month. He said that his health was declining and he did provide $200 in direct payments over the course of 20 months as well as visiting those nine days.

He also stated that he had sent payments to the clerk’s office and they were never processed.

Barton was sentenced on Sept. 8.

More charges

The prosecutor’s office is preparing to file more felony charges against those who are not paying child support, including one who has not paid in nine years.

“I know child support is not the most exciting crime to prosecute, professionally, however, it is equally important, if not more so. When parents cease being responsible for their own children, the burden of their responsibility falls squarely on the taxpayers’ shoulders. It also tremendously impacts innocent children,” Adams said.

There have been 13 people selected for charges: 11 men and two women. The amount of child support owed in the 13 cases equals $341,954.36 with an average of $26,304.81 for each person.

“All efforts to collect support in alternative ways have failed, so now it is time to simply hold them accountable,” Adams said.

A Level 6 felony has a sentencing range of 180 days to two and a half years in jail. Some of those to be charged have prior convictions for not paying child support, which increases their charge to a Level 5 felony and that carries a sentence range of one to six years in prison.

“I am always amused at the logic I’ve heard when we charge people with this crime: ‘Ted, if you put people in jail, they can’t pay their child support,’” he said.

“To the citizens of Brown County: If we are charging people with this crime, it is because they aren’t paying their child support despite repeated efforts to motivate them to do so. It is inexcusable.”