On behalf of The Walters Law Group, Ltd. posted in Child Support on Friday, February 15, 2013.
Most are probably aware that there are consequences for not paying child support amounts ordered. Recently we wrote about several Chicago area residents who were arrested for failing to do so. A judge in another state has taken extreme measures in response to the nearly $100 thousand a man owes in regard to his four children.
The judge ordered the man to not have any more children as a part of the probation he will be on for the next five years. Should he violate his probation, in any way, the man will be sent to prison for the duration of a year. The judge indicated that the order could change should the man show a change of circumstances or that he is paying the amount owed.
The father’s attorney believes that the judge’s order goes too far. He said that it violates his rights including the right to have sex. Perhaps not surprisingly, the order will be appealed.
It is unclear exactly why the man has fallen so far behind in the child support owed. Presumably the amounts he is supposed to pay take into account the amount of money he has regularly coming in. If that is the case and he no longer makes that same amount, it is possible that the man could seek to have the child support order modified. Because a modification will not erase amounts past due, it is important to seek this change sooner rather than later.
As the outcome of the appeal could have far reaching affects, possibly setting a precedent for Illinois to follow, we will continue to monitor this case and provide updates as they become available.
Source: The Chronicle-Telegram, “Judge tells man who owes nearly $100K in child support to stop having children,” Brad Dicken, Jan. 24, 2013