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Judge Limits Dail's Support Payments

Posted December 13, 2007
Updated December 14, 2007

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— A judge has ruled the ex-girlfriend of a man who spent 18 years in prison for a rape he did not commit, will receive only a portion, if any, of the $360,000 in compensation that he is due from the state for imprisonment.

Dwayne Allen Dail said Thursday evening he would have preferred the case be dismissed as frivolous because it was filed for the wrong reasons.

Lorraine Michaels, the mother of Dail's son, Christopher, filed a lawsuit in November, seeking a "reasonable sum for the care and maintenance of the minor child" for the years Dail was in prison.

Dail's attorney, Shelby Benton, said the judge ruled that Michaels can only collect for the past three years, not the full 18, which amounts to roughly $11,000. In addition, Michaels will have to prove her expenses at a later hearing to be awarded any back child support.

Benton said Dail owes nothing because he had no income while in prison.

Dail said he believes the case law is clear on the issue and that he has confidence that the court system will handle the case correctly.

Dail has no relationship with his son’s mother, but said he hopes one day to at least be friends with her.


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  • lizard Dec 14, 2007

    If it's not a "woman's responsibility" mainly then why don't they have to get the father's permission for an abortion?

  • tulips4445 Dec 14, 2007

    i don't believe for one minute that he was completely innocent of a crime. its like another poster said, they didn't just draw his name out of a hat and send him to jail.

  • PDMARTIN Dec 14, 2007


    You are dead wrong on that comment. It wasn't his fault he was in prison. Furthermore, she seemed to do just fine without his help all those years.

  • PDMARTIN Dec 14, 2007

    I'll bet if he wasn't going to receive any money from the state she never would have gone this far. She's just looking for "her" piece of the pie, of which she deserves nothing.

  • alx Dec 14, 2007

    so this guy doesnt want to pay any money in support of his child?

  • NeverSurrender Dec 14, 2007

    "Yes, it takes two, but ultimately the responsibility lies with the woman."


    It's not often that one can combine breathtakingly contradictory and ill-informed concepts in one sentence but my hat's off to you for achieving just that!

    Unless the woman is accomplished in the arts of asexual reproduction, both of them were responsible for the genesis of the child and neither party disputes that.

    What I have a problem with is someone and her lawyer wanting to score a big payday when the father was hardly a deadbeat dad but rather was wrongfully imprisoned and probably treated brutally by the prison population given the conviction with no way to earn much in the way of income much less support a child.

    This man lost 18 years of his life in a very brutal fashion and amazingly still seems to have faith that the system will treat him better than they did the first time round when they utterly failed him.

    Would that most of us could have that sense of grace in the face of the appalling.

  • jdad6901 Dec 14, 2007

    Wow, everyone is all worked up over the past 18 years and what Dial should or shouldn't have to pay.
    His son is living with him now and as a dad he's supporting him and paying for his education. Expense for children doesn't stop at 18. Is the dedicated mother sending support money for her son now?
    I'm thinking that Mr. Dial will pay more than his share of support for the next few years.
    The mother needs to hide away in shame for being yet another gold digging single mother that seems to believe money can replace a father.

  • JennaRink Dec 14, 2007

    thinkbee - I agree that she "smelled gravy", but you are about to open the floodgates with the "woman's responsibility to get pregnant" theory! I think that's bull!

  • iamforjustice Dec 14, 2007

    spooner I am a lawyer and I can honestly say there is no justice in this world...and I AM For Justice.

  • givemeabreak Dec 14, 2007

    Please lets make certain that we do not pay for money we may or may not have already paid as a state. welfare or whatever.