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Judge to deadbeat dad: If you have another kid, you?re going to jail « Hot Air
More at the link.
And, more links:
Appeals court: Asim Taylor can?t have more children until he pays child support - Chronicle-Telegram
Ohio court upholds judge?s order barring deadbeat dad from fathering more kids
Standing up to deadbeat dads is standing up for your children - Los Angeles Single Parenting | Examiner.com
Whatcha think?
The ruling applies only if the deadbeat fails to pay what he owes. If he does, he can have all the kids he wants. But since he owes upwards of a hundred grand, I think no more babies is the realistic takeaway here.
The order actually came down more than a year ago. Its in the news this week because the appeals court finally issued their decision on it. Upheld on a technicality.
The decision, released Monday by the 9th District Court of Appeals, did not provide a legal explanation on whether Walthers order was appropriate. Instead, two of the three judges on the panel wrote that without a copy of a pre-sentence report on Taylor completed by the county Adult Probation Department, they didnt have enough information to examine the virtues of Walthers order.
Indeed, we have little to go on other than what the trial court said in its journal entries, which is itself limited, Judge Carla Moore wrote in the majority decision. We therefore have no choice in this case but to presume the regularity of the community control sanctions and to affirm.
Given his past failures to financially support his children, [the third judge] wrote that Walthers order made sense.
Where, as here, the defendant has demonstrated a long-term refusal to support multiple children by multiple women notwithstanding his ability to work and contribute something for their care, an anti-procreation condition is reasonably related to future criminality, Carr wrote. Taylor has here demonstrated that he is not inclined to support any of his children. There is no reason to believe that he would be inclined to support any future children.
The Ohio Supreme Court overturned a similar order 10 years ago because it gave the deadbeat dad no means by which to have the order lifted. It was an unconditional ban. This new one is conditional, i.e. make the payments you owe and you can knock up whoever you like. In fact, it may be even more conditional than that. According to the judge, The defendant is ordered to make all reasonable efforts to avoid impregnating a woman during the period control or until such time the defendant can prove to this court that hes able to provide support for the children that he already has. If he and his partner could somehow prove that they were using contraception, would that qualify as a reasonable effort even if she ended up pregnant?
But never mind that. What you want to know is whether this is constitutional. Answer: Maybe. The state cant forcibly sterilize people to prevent them from procreating (anymore) but at least one state supreme court has upheld orders like Walthers, penalizing people for having more kids if they havent provided for the ones they have already. That would be Wisconsins, in 2001:
More at the link.
And, more links:
Appeals court: Asim Taylor can?t have more children until he pays child support - Chronicle-Telegram
Ohio court upholds judge?s order barring deadbeat dad from fathering more kids
Standing up to deadbeat dads is standing up for your children - Los Angeles Single Parenting | Examiner.com
Whatcha think?