Mom is fed up because girl's dad hasn't paid up

A man who got a second chance sits in jail as his daughter's mother fights for child support.

By JAMAL THALJI, Times Staff Writer
Published September 14, 2007

Joshua Dean Melvin had a sad story for the judge.

Circuit Judge Stanley Mills hears such stories all the time. This one, though, he knew to be true.

Mills' wife, a former teacher, knew that the Melvin siblings grew up without a father, without electricity and running water and, after a car crash, with one less sibling.

"I don't buy any of the crap that you're not a drug dealer," Mills told Melvin at his June 15, 2006, sentencing on drug possession charges. "It's just dumb luck you have a judge somewhat familiar with the circumstance of your growing up."

Melvin got no jail time. Just house arrest and probation.

Now, 15 months later, as he sits in jail for violating his probation, the mother of his child asks:

Why won't the same system that gave the father a break do the same for his little girl?

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Melvin owes more than $3,000 in child support, says Victoria Amrhein, the mother of their daughter, Gabriella. The girl will turn 3 in November.

A letter from the Pasco clerk of the court to Melvin says he hasn't made a payment in 892 days.

There's even a motion in his court file signed by a judge ordering that Melvin be jailed for failing to pay child support. Dated Aug. 29, it has yet to be served.

The story of Melvin's sad upbringing and his second chance was told in the Pasco Times last year. Amrhein called the newspaper this week to tell her daughter's sad story.

It's a story about a father who won't pay and the state that hasn't yet made him pay.

"I fought with child support enforcement," Amrhein said. "I tried to get a court date for at least a year. I called constantly."

She called the whole thing "ridiculous."

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Gabriella was born Nov. 16, 2004, at 7:29 p.m. at Community Hospital in New Port Richey.

Melvin made it to the hospital three hours late, the mother said. At least he signed the child support papers, she said.

It wasn't until February 2005, though, that court records show any payment was ordered.

Melvin paid infrequently, Amrhein said. She estimates he paid about $500 in 2005 and about $900 in 2006.

But since January 2006, court records show 17 notices of non-payment sent to Melvin.

The real problem, Amrhein said, came when she tried to get a judge to hold Melvin accountable. She wasn't able to get a court date for months, until she called the office of state Sen. Mike Fasano, R-New Port Richey.

A child support enforcement official called her back the next day.

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The hearing was set for June 18.

Melvin showed up, Amrhein said, without any of the papers he was supposed to bring showing he was trying to find a job.

A judge ordered him to pay $400 by Aug. 1 or be held in contempt of court. Melvin made a payment that day, Amrhein said: $60.

She also wanted to discuss their daughter's health care and insurance. But she said a state worker wouldn't let her speak.

The worker, Amrhein said, told her: "You're the one who chose to have a child with him."

And she does not regret it.

She said her previous marriage fell apart because a doctor told Amrhein she was infertile.

"They told me if I ever got pregnant it would be a miracle," she said. "That's why I call her my miracle baby."

Now 30, she also has a 1-year-old son with her fiance. Amrhein said she works three jobs to help the family get by - without any help from Melvin.

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Why hasn't the state managed to collect what Melvin owes? The Department of Revenue said it could not comment on this specific case.

So what landed Melvin behind bars this time? His address.

Melvin disappeared from his sister's home in July, the state said. But he didn't tell his probation officer or report a new address. That's absconding, the state said, and a violation. He also stopped working on his GED, as the judge ordered.

A tip led to his arrest Sunday in Marion County. Now he's being held without bail in the Pasco jail.

Last year, prosecutors wanted to send Melvin to prison for 18 months. The judge gave Melvin probation because it was his first felony arrest.

But Mills also warned Melvin not to come back.

[Last modified September 13, 2007, 22:28:19]