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Thursday September 26, 1:56 am Eastern Time Deadbeat Dads Told to Stop Having Kids Dee McAree The National Law Journal A growing frustration with fathers who don't pay child support has led some judges to order them to stop fathering. An Ohio judge recently ordered as a condition of probation that Sean Talty, 30, who failed to pay child support, take 'reasonable steps to avoid fathering more children.' Talty owes more than $30,000 for the support of his six or seven children (the judge's order says the exact number is unclear). Judge James L. Kimbler issued the order. State of Ohio v. Talty, No. 02-CR-0075 (Medina Co., Ohio, Ct. C.P.). Earlier this summer, the Wisconsin Supreme Court upheld a five-year conception restriction in the case of David W. Oakley, who fathered nine children with four women and owed $25,000. Wisconsin v. Oakley, No. 99-3328. Oakley has appealed to the U.S. Supreme Court. Critics say that the court is infringing on a fundamental right to bear children. The Wisconsin ruling came on a 4-3 vote, with all three female justices dissenting. The condition, a dissent argued, essentially imposed a 'credit check' on the right to bear children. Patricia J. Falk, a family law professor at Cleveland State University's Marshall College of Law, agrees: 'That line of reasoning is very dangerous because it has the potential consequence of creating various classes of citizens in our country: those who can afford to have kids and those who cannot.' Talty's attorney, Joseph F. Gorman of Gorman, Malarcik & Pierce of Akron, Ohio, said he is urging Talty to appeal. Talty, however, sent an e-mail message to the judge accepting the terms and vowing to reform. Gorman said Talty has been reeling under the public attention the case has generated. As prosecutors and child-support advocates work to bring more cases against 'deadbeat dads,' trial courts are left grappling with what will work to change their behavior. Prison is not a first option,
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