A man named Corey Curtis who owes $90,000 in child support after fathering nine children with six women was sentenced this week.  Judge Tim Boyle, who presided over this case, sentenced Curtis to three years of probation.  However, that isn’t the reason Curtis made headline news.  Judge Boyle’s sentence carried with it a strange condition: The father of 9 was banned from procreating until he could support his children.

I wonder how they are going to guarantee that Curtis is abiding by his probation order.

Can a Judge Order a Defendant Not to Have Children Unless They Can Afford it?

According to usnews, Judge Boyle cited to a case from the Wisconsin Supreme Court, where the Supreme Court “upheld a Court of Appeals ruling that a judge may, as a condition of a person’s probation, order the defendant not to have another child unless he can show financial viability.

Is A Father Who Never Married The Mother Still Required To Pay Child Support?

Yes.  Regardless of marital status, the biological father of a child for whom paternity has been established by either the admission of the father or paternal testing is required to pay child support.  Additionally, a man who never marries a child's mother, but welcomes the child into his home and supports the child as his own may gain a ‘presumed' father status.

What Happens To a Father Who Refuses To Pay Court Ordered Child Support?

Under the Child Support Enforcement Act of 1984, it is against the law for any father to not pay court ordered child support to the custodial guardian, regardless of joint custody.  Federal laws authorize child support orders to be deducted from tax refunds, wage attachments, and seizures of property.  If none of the above support a child support order, the court can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

Do you think Judge Boyle’s sentence is fair or should Curtis be allowed to continue procreating?