An Ohio appeals court upheld an order barring a father from having more kids until he pays child support for the ones he already has.
The decision came Monday, upholding a probate judge’s order from 2013 that put Asim Taylor on probation for five years for not paying up — and forbid him from having more kids during that time. Probate Judge James Walther had said the order would be lifted if Taylor paid nearly $100,000 in overdue support for his four kids, the Chronicle-Telegram reported.
Walther had told Taylor during the sentencing hearing: “I put this condition on for one reason and one reason alone. … It’s your personal responsibility to pay for these kids.”
According to the Chronicle-Telegram, Taylor’s attorney, Doug Merrill, argued that the judge’s order violated his client’s right to procreate and engage in sexual intercourse. The only way his client could “make all reasonable efforts to avoid impregnating a woman” is by abstaining from sex, Merrill had argued.
“The court is now stepping into his bedroom,” he said last year.
The Chronicle-Telegram reported if Taylor violated the terms of his probation, he could go to prison for a year.
This week’s decision that upheld the probate judge’s order did not provide an opinion on whether Walther’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 Taylor’s background, the Associated Press reported.
“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, the Chronicle-Telegram reported. “We therefore have no choice in this case but to presume the regularity of the community control sanctions and to affirm.”
When Taylor was indicted in 2011, he was accused of owing a combined $78,922 to four kids. In 2013, Walther said Taylor, who pleaded guilty last year, owed $96,115.
Merrill said he plans to ask the Ohio Supreme Court to review the case.