A U.S. Magistrate judge has ruled that Dr. Phil Astin III will be exempted from house arrest on weekdays so he can work and support his two young children.

Judge Linda T. Walker cited the children's welfare as she decreed in a Friday hearing that the Carrolton doctor could leave the house to begin work towing and repairing cars at the nearby Strickland's Towing Service.

"To not allow him to work is almost punitive for the children," Walker said from the bench.

Astin will only be allowed to go to work each day and must return home by 5:30 p.m. He can tow cars within a 30-mile radius of the towing shop, but can't leave the state. Astin must also produce pay stubs and provide records of the goods and services he delivers to his children.

Astin was charged with seven counts of over-prescribing patients in the wake of professional wrestler Chris Benoit's murder of his wife and son and suicide in late June. Federal authorities say Astin had prescribed a 10-month supply of anabolic steroids to Benoit every three to four weeks between May 2006 and May 2007.

Astin was soon forced to surrender his medical license and has been under house arrest since July 3 and unable to work. He'd hoped to sell various parcels of land to fund his defense, but government tax liens on the properties prevented that.

Astin sought a modification in the terms of his bond so that he might try to meet his financial obligations, which include child support. He declared bankruptcy last fall and has been declared financially indigent by the court after spending $50,000 toward his legal defense.

In last month's initial hearing, Astin had also cited the declining health of his estranged wife, Melinda, as another reason why he needed to resume work. The mother of his two children is terminally ill with cancer.

The government, however, contended he had repeatedly flouted the terms of his house arrest and sought to have tighter restrictions placed on him instead. The terms of Astin's house arrest allowed him to leave his home only to tend to legal or medical matters or to attend church on Sundays.

Asst. U.S. Attorney John Horn produced pictures of Astin eating at a local Waffle House and making shopping trips to Piggly Wiggly and Big Lots.

Virginia Natasha Perdew-Silas, Astin's federally-appointed defender, said her client was simply killing time in the morning after dropping his son off for Sunday school and awaiting the later church morning service.

"Easting at the Waffle House in Carrollton is not the same as trying to flee jurisdiction or the court's order," Perdew-Silas said. Horn stressed the doctor's lack of honesty in trying to make his case for tightening restrictions on Astin.

"The court gave him an order to do something," Horn said. "Did he do it or did he not do it? He violated it."