Court order forbidding fathering children upheld on appeal
A 35-year-old Ohio man who appealed a judge’s January 2013 child support ruling recently learned that an appeals court would uphold the order. The terms of the man’s five-year probation sentence stated that he was forbidden to impregnate a woman until either the probation elapsed or he paid a large amount of overdue child support to his four existing children.
Previously, the man had pleaded guilty to the charges of nonpayment of approximately $96,000 in child maintenance. His attorney has argued that the judge who gave the initial verdict violated the man’s civil rights by forbidding him to reproduce, and he stated an intent to bring the case before the Ohio Supreme Court. The Court once reportedly threw out a similar case in 2004 due to a judge’s failure to include a condition by which the person could earn a removal of the order.
Two of the three judges of the 9th District Court of Appeals did not examine the correctness of the sentence according to the majority decision, stating instead that a lack of information in a pre-sentencing report left them with no alternative to affirming the judgment. The third judge’s concurring opinion, however, stated that the man had the means to support the four children whom he reportedly fathered with multiple mothers but repeatedly neglected to do so. The judge also cited precedents from other courts in upholding the man’s sentence.
Information has not been given regarding whether any action would be taken against the man in the form of an income garnishment or other means that would enforce the payment of child support. A family law attorney representing the mothers of the children could possibly seek a court order for enforcement of the payment of the overdue amount.
Source: Chronicle-Telegram Online, “Appeals court: Asim Taylor can’t have more children until he pays child support”, Brad Dicken, May 13, 2014