ELYRIA — Lorain County Probate Judge James Walther on Wednesday ordered an Elyria man who owes nearly $100,000 in back child support to not have any more children for the next five years while he is on probation.
“I put this condition on for one reason and one reason alone,” Walther told Asim Taylor during the sentencing hearing. “It’s your personal responsibility to pay for these kids.” Taylor has failed to make child support payments to the four children he already has.
Taylor’s attorney, Doug Merrill, argued that Walther’s order violated Taylor’s basic rights, including his right to procreate and engage in sexual intercourse. He said the only way his client can guarantee compliance with Walther’s order, which requires Taylor “to make all reasonable efforts to avoid impregnating a woman,” is by abstaining from sex.
“The court is now stepping into his bedroom,” Merrill said.
If Taylor, 35, violates the terms of his probation, Walther said he will send him to prison for a year.
Merrill also pointed to a 2004 Ohio Supreme Court decision in which the state’s highest court struck down an order from Medina County Common Pleas Judge James Kimbler barring a defendant in a criminal nonsupport case from having any more children.
The court ruled that Kimbler’s order that Sean Talty couldn’t have any more children was overbroad because it didn’t contain a mechanism from getting out from under the order, even if Talty made good on his responsibilities to his children.
Walther’s order addresses that discrepancy, stating that if Taylor “can prove to the Court that he is able to provide support for his children he already has and is in fact supporting the children or until a change in conditions warrant,” he would lift the ban on Taylor having more kids.
Contact Brad Dicken at (440) 329-7147 or firstname.lastname@example.org.