An Ohio family court judge from Lorain
County recently issued a controversial order requiring that a man who is
seriously behind on child support payments not have any additional children.
Just last week Judge James Walther issued
an order requiring a man from Elyria, OH to not procreate until he has taken
steps to financially support his existing children. The case concerns a man who
has not paid child support since 2009 for his four children from previous
relationships. The man pled guilty, saying that while he doesn’t financially
support the kids, he is a great father and is there for them in other ways.
Judge Walther was unsurprisingly not
convinced, saying that the nearly $80,000 that the man owes is outrageous.
Walther sentenced the deadbeat dad to five years of probation. During the
length of that probation the man is not permitted to reproduce unless he can
show that he has taken steps to support his existing children. If he does have
another child, the man faces a possible year in prison.
Though some have applauded the move as an
essential step to hold parents accountable for supporting their children,
others have wondered about the constitutionality of Judge Walther’s decision.
An Ohio case from 2004 was overturned after a judge issued a similar order.
That case was tossed because the state Supreme Court said there was no
mechanism in place for the man to regain his right to reproduce.
Surprising to many is that the decision
is not without precedent. Just a few months ago a judge in Wisconsin ordered a
man not to have another child given that he was unable to take care of the nine
he already fathered. Another Wisconsin case involved a judge who ordered a man
to not only refrain from reproducing, but to tell all women he meets
romantically within three minutes that he’s a convicted felon with unpaid child
support.
Some of these cases survived appellate review,
which means it’s unclear what will happen in this case. The father has said he
intends to appeal the decision to the Ohio Supreme Court. It’s likely that
parents behind on child support payments will be anxiously awaiting news on the
outcome of the case.
If you find yourself facing the prospect
of divorce and have questions about your rights and options, contact an
experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law
attorney Carol L. Stephan.
Source:
“Court
to Ohio man: Stop fathering children,” by Evan Bevins,
published at MariettaTimes.com.
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