An Ohio appeals court has upheld a judge's order that a father can't have more kids until he pays his back child support.
The decision this week by the appeals court didn't provide an opinion about whether the judge's order was appropriate. Instead the appeals court said it didn't have enough information to decide the merits of the case without a copy of the pre-sentence report detailing Asim Taylor's background.
In January 2013, Judge James Walther said Taylor couldn't have more children while he is on probation for five years. The judge said the order would be lifted if Taylor pays nearly $100,000 in overdue support for his four children.
He also said last year that if Taylor violated the court order, he would be sent to prison for a year.
Judge Donna Carr wrote: “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 (Elyria) Chronicle-Telegram reports that Taylor's attorney is arguing that the order violates his right to reproduce. He plans to appeal the decision to the Ohio Supreme Court.
The Chronicle-Telegram reports that a similar case of no more kids until child support payments are made was overturned by the Ohio Supreme Court because it lacked a mechanism for lifting the order. In this case, Judge Walther said the order would be lifted once Taylor showed he was supporting his four children.