Childless man freed after serving time for child support violations

[Waylon]

Childless man freed after serving time for child support violations
http://www.cnn.com/2009/CRIME/07/15/georgia.child.support/index.html

(CNN) -- Frank Hatley spent the past year in jail for being a deadbeat dad. But there's one problem -- Hatley doesn't have any children. And the "deadbeat" label doesn't fit the 50-year-old either,his supporters say.

After a hearing, Hatley was released from the Cook County Jail in south Georgia Wednesday afternoon, with the help of the Southern Center for Human Rights.

Superior Court Judge Dane Perkins ruled that Hatley was indigent and should not be jailed for not being able to make child support payments. Perkins postponed a decision on whether Hatley should have to make any more back payments on child-support for a child who is not his.

In June of last year, a judge ordered Hatley to jail for failing to reimburse the state for public assistance that was paid to support his "son," who, as the court was aware, is not actually his son.

Hatley's attorney Sarah Geraghty, who filed a motion for his release, called it a case of "blatant unfairness."

Hatley is a hard-working man who demonstrated his desire to pay what the court said he owed, even making payments from his unemployment checks, Geraghty told CNN.

On top of that, "the state has no legitimate reason to pursue Mr. Hatley for child support -- he doesn't have any children," she said.

The story dates back to 1986, when Hatley had a relationship with Essie Lee Morrison. She became pregnant and gave birth to a son.

Morrison told Hatley that the child was his, but the couple ended their relationship shortly after the boy's birth, according to court documents. The couple never married and never lived together, the documents state.

When the boy turned 2, Morrison applied for public support for her son. Under Georgia law, the state can go after the non-custodial parent to recoup the assistance.

For 13 years, Hatley made payments to the state until learning, in 2000, that the boy might not be his biological son. A DNA test that year confirmed that there was no chance he was the father, according to court documents.

Hatley returned to court and was relieved of any future child support reimbursement but was ordered to pay more than $16,000 that he had owed the state before the ruling.

Latesha Bradley, an attorney who represented Hatley in that hearing, told CNN the argument for keeping Hatley liable for the back payments was that he had signed a consent agreement with the office of child support services. The court agreed that Hatley had to comply with the consent agreement for the period that he believed the boy was his son.

Court documents show that Hatley for the most part continued to make payments. He was jailed for six months in 2006 for falling behind on payments during a period of unemployment, but afterward he resumed making payments and continued to do so even after he lost another job in 2008 and became homeless, court records state.

Last year, he again became unable to maintain the payments and was once again jailed.

The circumstances of Hatley's arrest didn't feel right to many, including Cook County Sheriff Johnny Daughtrey. "I knew the gentleman's plight and didn't know how to help him," Daughtrey told CNN.

About two months ago, when attorneys from the Southern Center for Human Rights visited his jail, Daughtrey alerted them to Hatley's case.

[brwneyedmom]

Outrageous.  My jaw was dropping further and further as I read this.  Just another case of "legal" winning over logic and right.  The state should be compensating this poor man for all the time in jail plus refunding all of his money plus interest.  Not to mention the apology that the state owes him for jailing him unfairly.

[Momfortwo]

While what happened is wrong, this could have been avoided had he asked for a paternity test at birth.  There was no presumption that he was the father since they weren't married.  He's not an innocent party in what happened.   

And, yes, they had paternity testing in 1986. 

[Davy]

Momfortwo

Who's your daddy ??

Only on in a million could dream  up such a weak kneed response to find fault and justify the jailing of a person for the convenience of the government.

[Momfortwo]

Momfortwo

Who's your daddy ??

Only on in a million could dream  up such a weak kneed response to find fault and justify the jailing of a person for the convenience of the government.

Who's your daddy? 

Weak kneed response?  Hardly.  Factual?  Yes.  He could have asked for a paternity test at the time child support was set.  He didn't.  Had he done that and it came out then that he was not the father, he would not have paid thousands of dollars in support let alone gone to jail for contempt of court.l 

Like it or not, the guy isn't blameless in this mess. 

[Davy]

You're way way off off for many many reasons that it does not even deserve key strokes.

Let's try this.  Why should NOT the gal be held totally at fault and jailed since she was the only one that knew or should/could have known from before her water broke.  What a fraudalent activity and a burden on society. 

Please explain the LETTER OF THE LAW law where this man is held responsible for any child support of any form including back child support.  Then explain law that allows incarceration ... that man could be me or any other male that just happen to be out for a walk that day.

Many men have died so this would'nt happen in this country.  So why does it ?

[anera]

This is a wake up call to all non custodial parents and (custodial parents but, i wont get into that) be it man or woman NEVER!!! sign any agreement with child support enforcement  as it is a seperate legal binding contract!!! which limits the courts as the agreement you entered into was not an order from the court and the court may not be able to give you any relief as you willingly entered into an agreement with child support enforcement.
PLEASE DONT BE TRICKED/INTIMIDATED BY CHILD SUPPORT ENFORCEMENT!!! take the matter to court...the court has juridiction