Family Law Keyed to Weisberg
State v. Oakley
Petitioner David Oakley was charged with seven counts of refusing to provide child support as a repeat offender. He was in arrears in excess of $25,000, and the State argued petitioner should be sentenced to six years in prison. The court took into account petitioner’s ability to work and his consistent disregard of the law and his obligations to his children. The court also noted that the plaintiff will be unable to provide meaningful support to his children if imprisoned. Therefore the court sentenced him to probation and imposed the condition that while on probation he cannot have any more children unless he demonstrates that he had the ability to support them and he is supporting the children he already had. Petitioner filed for post-conviction relief contesting this condition.
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