Parolee risks more charges
NWI Times
Jul 15, 1999
http://www.nwitimes.com/uncategorized/parolee-risks-more-charges/article_51a7c4e9-c481-51cd-8695-ddafa35ca27a.html
VALPARAISO -- As close as Bruce Dumas, director of Porter County's child support collection office, can figure it, parolee David Fedornock is about $20,000 behind in child support.
Fedornock, of Hebron, disputes the amount, but admits he's behind.
Charged with a felony for chronically failing to support his daughter, Fedornock was sentenced to a three-year prison term. He served 18 months.
According to some familiar with child support issues, that's usually the ultimate wake-up call. From July 1998 to May of this year, the Indiana Department of Corrections counted only 38 such offenders. For the full year prior to that, the DOC counted 50.
But, released in mid-September, it wasn't long before Fedornock again fell behind in payments.
Appearing before Porter County Magistrate James Johnson Wednesday, Fedornock was still delinquent and not maintaining regular payments.
His ex-wife, Tamara Schwanke, testified Fedornock's record shows he pays when and how much he chooses.
"It's due every week," Schwanke told the court. "It should come every week."
Fedornock testified he slipped behind as a result of a car accident and job setbacks.
He agreed to having his wages garnished in yet another effort to get regular payments to Schwanke to help support their 13-year-old daughter.
Schwanke, who in April said she was throwing in the towel on collecting child support, appeared in court as well, although she and her father, Gus Schwanke, have little faith Fedornock will honor his latest pledge.
"What happened today has been happening for 12 years," Gus Schwanke said following the hearing.
Fedornock's parole officer, Stan Bafia, was not available, but Bafia's supervisor, Robert Jennings, said Bafia has to work with the prosecutor's office on it.
"Bafia provides this information to the parole board who will give us information as to what they think we should do," Jennings said.
"I haven't seen one like this," Jennings said. He's been with the parole office in Gary for 35 years.
Fedornock's parole isn't up until next March.
Parole board chairman Raymond Justak said so far Fedornock's record is clear.
But if he's charged with parole violation and convicted, his sentence would be consecutive to whatever the trial court ordered on the original offense.
Fedornock himself seems unconcerned. "I told (Bafia) I was between jobs. I showed him my receipts."
Steven Johnson of the Indiana Prosecuting Attorneys Council said Fedornock's case is rare.
"The thinking is if you really have a chance to get the money, they're not going to pay while they're in prison."
Johnson said non-support is not a typical criminal violation. "I would hope parole on this kind of offense would include they meet their child support obligation."
It's an automatic condition of parole that offenders not commit any other crime. "But perhaps in this situation," Johnson said, "it needs to be specified."
Also upsetting to Schwanke is that no one in the Porter County Prosecutor's Office notified Bafia of Fedornock's continued delinquency.
"We don't get that much information from Porter County," Jennings said.
Porter County Prosecutor James Douglas was not available nor was Deputy Prosecutor Brian Gensel.
Lake County Prosecutor Bernard Carter did not return calls. However, a Lake County deputy prosecutor, who declined to be named, said normally when a repeat offender comes to his attention, he does notify the parole office.
Michael Kharsen, spokesman for the Child Support Enforcement division of the U.S. Administration for Children and Family, said. some states are beginning to deal with chronic non-payers.
"In Minnesota, Wisconsin, Maryland and others, there are programs that are about intervening with chronic fathers who don't pay. They've shown very mixed results so far,"
Some of these programs began as voluntary, but have evolved into being required. Some aspects include meeting with counselors and attending group sessions where they identify whatever their problems might be.
Schwanke and her father believe Wednesday's hearing likely won't change the system's ability to deal with Fedornock.
"If they'll be able to garnish it, fine," Schwanke said. But Fedornock's history indicates he won't keep the job, she said.
Gus Schwanke also is resigned.
Schwanke, 68, said his generation felt obligated to support their families. "I worked two jobs."
"It's completely different now," he said. "You might say I'm obsolete."
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