A big I TEAM investigation found that a breakdown in the Wisconsin Department of Corrections may be keeping many deadbeat dads out of jail.

That's despite being told by a judge that's where they would end up if they didnt pay.

John Mercure and his team found example after example of deadbeats being put on probation and being told they would only be kept out of jail if they made their child support payments.

They're not paying they're still free.

Charles Searcy is one example.

In 2006 he was convicted of failing to pay his child support.

A judge told him he would spend nine months behind bars if he didn't begin to pay.

Searcy didnt pay regularly. He owes more than $40,000.

The Department of Corrections recommends whether or not guys like Searcy have their probation revoked.

He is still a free man more than two years after becoming a habitual deadbeat.

Mercure asked Mary Jane Anttila, with the Department of Corrections about Searcy.

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

Mary Jane: "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."

A judge already ordered that Searcy and the others have their probation revoked and that they 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 that probation be revoked.

When agents don't make that recommendation, they're effectively ignoring the judge's sentence.