A judge ordered him jailed in June 2008
for failing to support his "son" -- a child who DNA tests proved was
not fathered by Hatley.
Last week, Cook County Superior Court
Judge Dane Perkins signed an order stating, "defendant is no longer
responsible for paying any amount of child support." The order permits
the state's Office of Child Support Services to close its file on
Hatley.
"We're satisfied with the result for Mr. Hatley, but
still troubled by the state's monumental lapse of judgment in this
case," attorney Sarah Geraghty with the Atlanta-based Southern Center
for Human Rights told CNN in a written statement. Hatley did not
immediately return a call from CNN Tuesday.
His story dates back
to 1986, when Hatley had a relationship with Essie Lee Morrison, who
gave birth to a son. According to court documents, Morrison told Hatley
the child was his, but the two ended their relationship shortly after
the child was born. The couple never married and never lived together,
the documents said.
When the child turned 2, Morrison applied
for public support for the child. Under Georgia law, the state, can
recoup the cost of the assistance from a child's non-custodial parent.
For 13 years, Hatley made payments to the state until learning in 2000
that the boy might not be his. A DNA test that year confirmed the child
was not fathered by Hatley, court documents said.
He returned to
court and was relieved of any future child support payments, but was
ordered to pay more than $16,000 he owed the state before the ruling.
Since 2000, Hatley paid that debt down to about $10,000, Geraghty said.
Court documents showed he was jailed for six months in 2006 for falling
behind on payments during a period of unemployment, but afterward he
resumed making payments, continuing to do so even after he lost another
job and became homeless in 2008. But last year he became unable to make
the payments and was jailed.
The argument for keeping Hatley
liable for the back payments, according to the attorney who represented
him in 2000, was that he 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 he believed the child
was his son, said attorney Latesha Bradley.
But many, including
Cook County Sheriff Johnny Daughtrey, didn't think Hatley's
incarceration was fair, given that the child was not his. "I knew the
gentleman's plight and didn't know how to help him," Daughtrey told CNN
last month. When the Southern Center for Human Rights visited the jail
earlier this year, Daughtrey told them about Hatley's case.
Hatley was released from jail last month after Perkins ruled he was
indigent and should not be jailed for failing to make the payments.
The Georgia Department of Human Services, which includes the Office of
Child Support Services, plans to propose legislation in the next
session of the state Legislature that would prevent similar situations
in the future, said agency spokeswoman Dena Smith.
Two things
still remain to be cleared up for Hatley, Geraghty said -- lifting the
child-support holds on his driver's license and his income tax. It
remains unclear whether he will be reimbursed for the $6,000 in
payments he made since 2000, she said -- so far, he has not been.
Cook County, Georgia, is in the south-central part of the state, about 200 miles south of Atlanta