Thursday, December 6, 2012

FAMILY LAW UPDATE: ESCALATING ENFORCEMENT AGAINST "DEADBEAT DADS"

Wisconsin versus Corey Curtis, Tennesse verus Desmond Hatchett, et al.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Forty-four year old Corey Curtis of Racine, Wisconsin has problems. So does Desmond Hatchett of Tennesee and "John Doe" of Kentucky, among others. All three are men who have fathered several children by different women, have failed to keep up with child support payments, and have therefore run afoul of the law in their states.

Corey Curtis

Looking across the courtroom at a deadbeat dad of nine, Corey Curtis, who owes almost $100,000 in back child support and interest, Judge Tim Boyle of the Racine County Circuit Court on Monday lamented not being able to prohibit certain men from breeding.

“This has come up before,” Judge Tim Boyle began. “It’s too bad the court doesn’t have the authority to sterilize.”

Before him was Corey Curtis, 44, of Racine. Curtis had fathered nine children with six women, Boyle said, and was way behind on child support payments for his youngsters.

Court records showed Curtis owed about $50,000 in back child support, plus another $40,000 in interest.

“Common sense dictates you shouldn’t have kids you can’t afford,” Boyle said, voicing frustration.

That’s when the prosecutor added that Boyle did have authority to restrict Curtis’ future breeding. She said a Wisconsin Supreme Court ruling found in 2001 (Wisconsin v. Oakley) that a judge may, as a condition of a person’s probation, order the defendant not to have another child unless he can show he can support that child [State of Wisconsin v. David Oakley, Wisconsin Supreme Court (July 2001)].

“I will make that a condition of the probation,” Boyle said immediately, sentencing Curtis to serve three years’ probation.

Curtis pleaded no contest in October to one count each of felony bail jumping and failure to pay child support, which is a misdemeanor, court records show.

“He is not to procreate until he can show he can provide for them,” Boyle ordered, adding Curtis must show he can financially support all nine of his existing children, as well.

According to court records, Curtis has been arrested and charged with failure to pay child support numerous times over the past 11 years. Curtis also has convictions for bad checks, criminal damage and burglary.

Desmond Hatchett, "John Doe" and David Oakley

For the record (or, at least, known record), the country's most famous deadbeat dad, Tennessean Desmond Hatchett, has fathered more than 20 children (with 11 women), but has slowed down his procreation rate while being imprisoned by Tennessee's Department of Correction.

Further, a Kentucky judge previously ordered a deadbeat dad (12 children with 11 women) to refrain from having sex in an attempt to keep him from adding a 13th dependent.

In the case of Wisconsin v. Oakley, the Wisconsin Supreme Court justices ruled in that case that defendant David Oakley's constitutional right to procreate wasn't eliminated. He still could reproduce - if he made child support payments, according to the ruling.

[see, host.madison.com/news/12-04-2012/ "Racine Judge Orders Father of 9 Not To Procreate"; Wisconsin State Journal, December 4th, 2012; www.opposingviews.com/ 12/05/2012/ "Judge Orders Corey Curtis..."; www.abajournal.com/news/ "Judge Adds Probation Condition..."; www.huffingtonpost.com/12-05-2012/ "Corey Curtis Wisconsin Father of 9..."; minnesota.publicradio.org/collections/"Corey Curtis"]

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