State v. Talty
Supreme Court of Ohio
814 N.E.2d 1201 (Ohio 2004)
Relevant factsFree
Sean Talty (defendant), convicted of two felony counts of failing to pay child support, was placed on five years of community control instead of jail, with a condition requiring him to "make all reasonable efforts to avoid conceiving another child"; the order gave no way to modify or lift that condition even if Talty caught up on his payments. The court of appeals affirmed, and Talty appealed to the Ohio Supreme Court.
IssueFree
Whether a court may condition probation for failure to pay child support on the person not conceiving additional children while on probation, so long as the condition can be modified if the person pays the outstanding support.