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  • Report:  #126603

Complaint Review: Richard Edward Patton - GreenMountain Falls Colorado

Reported By:
- Lead, South Dakota,
Submitted:
Updated:

Richard Edward Patton
7186 Skyline Circle GreenMountain Falls, 80819 Colorado, U.S.A.
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Richard Edward Patton owes his children $87,997 and lives in Colorado. Unlike most other states, Colorado's State Attorney refuses to prosecute these Deadbeat cases according to Federal law and CO. Child Support Enforcement is ineffective...

As I sit here today, I find myself looking back at the past 15 years and wonder how many hours and legal dollars I have paid attempting to get a child support payment enforced. Like many, my children and I have been a victim of a system that doesn't work, Child Support Enforcement. As of today, Richard Edward Patton, convicted felon, former Social Worker (MSW), and biological father of my three children, owes $87,977.00 in child support in arrears. And like many absentee parents who owe child support, Richard Patton has vanished.

I ask myself how this can happen not only because of the child support issue, but also because Patton is a convicted felon who is required to register as a "sex offender" every three months according to Colorado Law.

Patton was convicted in 1997 of sexual assault of one of his clients in his social work practice in Colorado Springs. As a result of that, he was sentenced and served 5 years in the Department of Corrections in Sterling, Colorado. He "flat timed", a term used by the Department of Corrections for someone who serves their entire sentence. Often this is done to avoid any probation time after being discharged from corrections. This is what Patton did. Knowing that his children and their mother would seek child support when he was released, he declined any opportunity for release with parole. He just did not want to be looking over his shoulder.

Upon release, he registered in El Paso County Colorado for 2 quarters as was required. The last time he was seen by El Paso County Sheriff, he advised the officer that he was moving to Altanta, Georgia. They bid him goodbye and told him that he needed to register in Georgia when he moved. He never registered in Georgia and Colorado never followed up. But that is not the end of the story.

Upon release from the Sterling Correctional Facility, Patton was advised by Child Support Enforcement in Colorado that he owed $87,997. to his children. He was also advised that he would not be eligible for a driver's license due to the support that he owed. He was awarded a drivers license without question when he went to the Department of Motor Vehicles in El Paso County, Colorado. They tell me that he was sent a notice that it was invalidated but it was never returned. So now he is gone. Disappeared. I have been advised by my worker in El Paso County, Colorado to "close my case" because they just don't have the manpower to locate Richard Patton. In 15 years Colorado has failed to enforce payment of child support.

Unfortunately, I have found that my story, as unique as it is, is not uncommon. Many "deadbeat parents" work for cash, change accounts frequently, have aliases and find relatives that support their lifestyle of being "on the run". It is rare that prosecutors will "defend the children who suffer". I am told by Child Support Enforcement in Rapid City that some states do not have the money or personnel to extradite the deadbeats and pay to prosecute. However, if you and your children are receiving state benefits such as TANF (temporary assistance for needy families /welfare) the state is more like to pursue the deadbeat but if you support your own children, you are not a priority.

Other states tell a different story however. On December 21st, a Montclair, New Jersey man was sentenced in federal court following a trial conviction for failing to pay child support. United States Attorney Michael J. Sullivan and Joseph C. Moraski, Regional Inspector General of the Department of Health and Human Services, Office of the Inspector General, Office of Investigations, announced that ALAN MONDAY, age 43, of Montclair, New Jersey was sentenced by Chief U.S. District Judge William G. Young to 1 year and 1 day in prison, to be followed by 1 year of supervised release. Chief Judge Young also ordered MONDAY to pay $57,177 in restitution which represents the full amount of child support that he presently owes.

MONDAY was convicted by a trial jury on April 7, 2004 of the single charge of failure to pay child support, a felony provision of the federal Deadbeat Parents Punishment Act. Evidence presented during the three-day trial proved that MONDAY, a self-employed satellite telecommunications engineer, willfully failed to pay child support for his daughter who resides in Massachusetts, from July, 1998 to October, 2001of his child. MONDAY made his last child support payment in 1995.

"When parents ignore their legal obligation to pay court ordered child support, innocent children suffer," stated U.S. Attorney Sullivan. "In this case, the defendant's willful failure to pay for the support of his daughter justified his conviction." The case was investigated by Department of Health and Human Services, Office of the Inspector General, Office of Investigations. It was prosecuted by Assistant U.S. Attorneys Kimberly West and Seth Berman in Sullivan's Major Crimes Unit.

South Dakota has actually been one of the most aggressive states. If deadbeats are tried, in most states their sentences are lenient. "We don't want to jail them, we want them out there working but there are cases that are clearly criminal and need to be treated that way" reports Larry Hermanson, CSE in Rapid City. "All too often though, child support even after conviction is difficult to enforce but that is our job". Hermanson reports that South Dakota has deadbeats that have been extradited, convicted and are serving up to 18 months of federal time for willfully failing to pay child support.

So what can a custodial parent do? It is important first of all to know the law in your state. No matter what you are told, it is ILLEGAL to refuse to pay child support. Many times this crime becomes a federal case when deadbeats flee to avoid payment. 2) If you can do it safely, always try to keep track of the location of the deadbeat, even if you can't do anything. I am told that eventually these people will attempt to surface. They get tired of not having anything and after years, will try to get loans, collect inheritances, collect income tax returns, etc. 3) Get a lien in place. Your CSE worker is the one who does this on behalf of you and your children. 4) Never collect money from the deadbeat on your own. All money should be paid through the Department of Child Support Enforcement. 5)If you are an employer, follow the law. If you are aware of an employee that owes support, you are obligated to notify the state. That is the law. 6) Contact your legislators. State agencies that fail to uphold the law are accomplices to a crime against children! They need to be held accountable for failure to do their jobs that are paid by tax dollars. It is malfeasance when our state agencies fail to do their job in enforcing support. 7)Finally, never give up. Even though my children are no longer minors, Richard Patton still owes this money. They are in college now and need the support now more than ever!

Jeanne

Lead, South Dakota
U.S.A.

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