A breakdown in the Wisconsin Department of Corrections may be keeping many deadbeat dads out of jail, despite being told by a judge that's where they would end up if they didn't pay.

When a deadbeat dad or mom is convicted of failing to pay child support, they are often put on probation and ordered to make the payments or go to jail. The TODAY'S TMJ4 I-TEAM has discovered that is not always happening, and children left behind are paying the price.

We recently met a mom, Kelly Benson, and her son, Zack, struggling to make ends meet.

"Clothes. I've always wanted to get him nicer things like Nike or Adidas. I couldn't get that stuff. It would be more like Wal-Mart or Kmart," Benson said.

We discovered why deadbeat dad Michael Thiess is not behind bars despite being told by a judge that he would be jailed if he didn't pay.

We asked why the Wisconsin Department of Corrections won't take action. Mary Jane Anttila is a supervisor there.

John Mercure: "What does it take for someone to be revoked when they're not paying their child support?"

"Well, I don't want to discuss an individual case," Anttila said.

The number of deadbeats who remain free despite not doing what a judge tells them to do is staggering.

Benson is frustrated.

"I would rather have him sit in jail not paying me than be out doing whatever he feels like doing not paying me," Benson said.

Kelly Benson was a young mom. She knew raising her son Zack would be tough. It got really tough when Thiess decided to drop out of Zack's life and stop paying child support.

"Sometimes he would want to have McDonalds like another kid and I would have to say, 'No we can't have it.' Just McDonalds. It's not that expensive, but when you don't have money to pay for all your bills, how are you going to go to McDonalds?" Benson said.

Things got so bad that Thiess was convicted of two felonies for failure to pay his child support. This February, the judge sentenced Thiess to six years in prison, but he didn't have to serve that time as long has he paid his monthly child support.

"I finally thought I was going to have some vindication, but basically it's nothing. It's nothing at all," Benson said.

Thiess paid nothing in March, April and May.

Benson says she tried calling Thiess' probation agent.

"I'm like, 'Hey, he's violating his probation. What are you going to do about it?' and she never called me back," Benson said.

We decided to ask Thiess what the deal is.

John Mercure: "I want to talk to you about the child support payments you're supposed to be making to your son Zack."

Thiess: "Yeah, they're paid."

We discovered that's not exactly true. In the first five months after his sentencing Thiess made one payment: one out of five.

John Mercure: "The court documents say if you miss a payment you can go to jail."

Thiess: "Right."

John Mercure: "You're aware of that?"

Thiess: "Yeah."

John Mercure: "Have you missed any payments since you signed those documents?"

Thiess: "No."

John Mercure: "None?"

Thiess: "Not a single one."

Benson is angry.

"He should be sitting in jail for six years," Benson said.

John Mercure: "Has he received that jail?"

"Nope," Benson said.

In Wisconsin , it's the Department of Corrections who recommends if probation be revoked. Despite the judge's sentence and Thiess' unwillingness to follow it, the D.O.C. has not moved to revoke his probation.

We asked why.

"The information I have for this particular case is the person is current so I really don't have any other information in regard to that. I can't discuss it," Anttila said.

Thiess has missed more payments than he's made: $15,000 in back support still owed, and Anttila says the case is current?

Thiess' case is far from isolated. We discovered dozens of men in southeastern Wisconsin men convicted of failing to pay child support.

A judge told each one he would go to jail if he didn't pay. Many men paid nothing. In the cases of the men highlighted in our video report, the D.O.C didn't put any of them behind bars.

Charles Searcy was convicted of failing to pay his child support in 2006. A judge told him he would spend nine months behind bars if he didn't begin to pay.

Searcy didn't pay regularly. He owes more than $40,000 and is still a free man more than two years later.

John Mercure: "He's not making those payments. Why is he still out running around?"

"This is...what I was explaining is Mr. Searcy...we are going to be taking him back before the judge for court review to discuss any type of non compliance issues he may have," Anttila said.

A judge already ordered that Searcy and the others have their probation revoked and be jailed if they fail to make their payments.

D.O.C. probation agents are in charge of monitoring their behavior and recommending to a judge when probation be revoked. When they don't make that recommendation, they're effectively ignoring the judge's sentence.

Julie Kerksick is with the Wisconsin Department of Children and Families.

"Jail is certainly appropriate when someone is very clearly saying, 'I am not going to do this regardless of my ability to do so.' My message to parents who are not doing what they should do is, 'That's wrong. You're failing your children and ultimately you're failing our community when you do that,'" Kerksick said.

And children like Zack are paying the price.

John Mercure: "In your opinion, where should Michael Thiess be right now?"

"In jail; definitely," Benson said.

Even Thiess himself seems to agree.

John Mercure: "If you don't make your payments should you go to jail?"

Thiess: "Sure yeah."

The Department of Corrections seems to be the only ones not on the same page.

Wisconsin is only state where the sentencing judge doesn't decide on revocation. The D.O.C. and an administrative law judge decide if revocation and jail time take place.