A 31-year-old man who plead guilty Monday to non-support of his two minor children won’t be sent to prison so long as he continues to make child support payments.
Daniel L. Gilpen, of Washington C.H., received a five-year sentence to community control with the Fayette County Adult Probation Department.
Gilpen appeared in the Fayette County Court of Common Pleas with his attorney, Kristina Oesterle, and said that he has been working since December and making regular child support payments.
He was indicted on two felonies of the fourth degree in November for non-support of dependents by a Fayette County grand jury after failing to make court-ordered child support payments.
According to Fayette County Prosecutor Jess Weade, Gilpen was court-ordered, over a period between Oct. 1, 2015 and Sept. 30, 2016, to pay $5,730 for one of his minor children but only paid a total of $1,121.89. Additionally, Gilpen was court-ordered pay $4981.20 for his second minor child but paid just $863.28.
Oesterle said that child support deductions have been coming out of Gilpen’s paychecks since he resumed working in December. Weade said the state recommended community control.
Steven Beathard, Fayette County Court of Common Pleas Judge, ordered Gilpen to five years of community control, an order that will mean Gilpen has to check in with the probation department regularly and continue to make payments for child support. Beathard said the court found the community control sentence appropriate for Gilpen’s case because Gilpen is now employed and paying his child support.
The maximum prison sentence Gilpen could receive was a year-and-a-half on each charge of non-support of dependents for a total of three years. Beathard suspended the prison sentence, but warned that if Gilpen violates the terms of the sentence his community control will be revoked and he could go to prison.
According to the court records, Gilpen served a prior prison sentence for non-support of dependents in 2008.
Reach Ashley at (740) 335-3611 or on Twitter @ashbunton