Interesting child support case

[tboy]

Actually, I don't believe he litigated anything in 1998, he simply agreed (like a good father should) to support his (or who he thought was his) children.

So you're saying that before any father pays child support he should get DNA testing done?

I guess you're also agreeing to the fact that once someone cons you, and you don't find out right away, you never have any recourse?

I guess by the same argument that if someone steals your car, and you find it 10 yrs later, you can't take it back?

How about kidnapping? If you steal a baby and the real parents don't find their child until years later, they can't get their kid back?

So I guess the moral of the story is if you can get away with it long enough, you're good to go!

For reference: Father/Paternal: That which belongs to the father or comes from him: as, paternal power, paternal relation, paternal estate, paternal line. Vide Line. The thing is, the kids didn't come from him, he just thought he was the father.

Again, I agree, the moral thing to do is for him to continue to support the kids but I don't think it should be a legal issue.

 

[S.C. Joe]

Over here in the USA if you cheat on your taxes, the IRS can only go back 7 years, after that its too long...so if you cheated 10 years ago and they just find out, too bad.

Same with some crimes..statute of limitations .....

statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods.".....

So if you steal something, there is a limit of time you can be charge..

With suing somebody, the is a limit of time again, usually 2 or 3 years you must file the lawsuit.

 

[S.C. Joe]

So you're saying that before any father pays child support he should get DNA testing done?

.

Yep (unless you don't care if hes not your kid, many fathers love "their" kids that are not "theirs" by DNA) think marrying a women who has kids from an old marriage.

 

[S.C. Joe]

But Canada law is different.

http://en.wikipedia.org/wiki/Statute_of_limitations

By contrast, Canada has a criminal-limitations period only for summary (less serious) offenses. The period is six months from the date of the offense which includes thefts under $5000. Thus, for instance, a Canadian can be charged only with an "indecent act" within six months of the time of offense, unless both the Crown and the defense agree. In the case of indictable (more serious) offenses, for example if a hypothetical assailant committed sexual assault, the assailant could be charged any time in the future.

 

[S.C. Joe]

I wounder what the law is in Europe on all of this

 

[j_anderson]

Abstinent, I presume the child in the photograph is a much loved adopted child. That photo and caption could certainly be misinterpreted.

That picture is actually of a Canadian couple from BC that adopted two Black kids from the US. I remember seeing them on 60 Minutes in a segment about African American children adopted into Canadian families.

 

[dcbogey]

I guess you're also agreeing to the fact that once someone cons you, and you don't find out right away, you never have any recourse?

He had other options for legal recourse. The path he and his legal team chose was ill advised.

Again, I agree, the moral thing to do is for him to continue to support the kids but I don't think it should be a legal issue.

The courts regularly make "moral" decisions. In case you haven't been paying attention this an is an "escort review board" - how many threads have been started about the legality of the actions of many people in this forum? If that isn't a "morality" question I don't know what is.

 

[hunter001]

Not sure what the cost DNA test are, they might not be cheap but it seems good measure to get it done when a women has a baby and writes your name down as the father---yeah I'm not married, I am looking at this as a business transaction, not as a loving caring relationship.

Nor do I expect you would be for long.

If someone you for a DNA test on the birth of "your" child you have a good chance of kissing you relationship goodbye if you the father or not.

 

[Malibook]

The mother should be required to help locate the biological father and he should be made to pay, going forward and retroactively.

Until she cooperates, the father should be given custody and she should pay the child support to him.

The kids will be supported in any case but if she doesn't ID the biological father or pass a lie detector test, fuck her and her bullshit memory story and outrageous immoral fraud.

 

[RTRD]

So...

The mother should be required to help locate the biological father and he should be made to pay, going forward and retroactively.

Until she cooperates, the father should be given custody and she should pay the child support to him.

...what you are saying is that the kids should be pulled out of the home they have been living in, out of the school they have been attending, away from the friends they have, all to spite the mother. We should fan the flames of conflict, with the children as the pawn prize.

We should do all this because the father is hacked off about having to take care of the kids he promised to take care of, because he rather keep more money in his pocket.

The kids will be supported in any case but if she doesn't ID the biological father or pass a lie detector test, fuck her and her bullshit memory story and outrageous immoral fraud.

Because that is all that matters...that the kids be supported. As long as you put gas in the car, what difference does it make what station you buy it from, right? What is REALLY important is that we punish the mother for having fucked some other guy 16 years ago.

I mean - you people act like she KNEW these weren't his kids...like he had celibate, and was somehow DUPED into thinking these were his kids.

SHE CHEATED!!! SIXTEEN YEARS AGO!!!

SHE DIDN'T LIE ABOUT HOW THE FATHER WAS!!! SHE WAS MISTAKEN!!

Again - thankfully - we have courts and judges so that such petty bullshit isn't foisted off on innocent children.

 

[mandrill]

Actually, I don't believe he litigated anything in 1998, he simply agreed (like a good father should) to support his (or who he thought was his) children.

So you're saying that before any father pays child support he should get DNA testing done?

Well, he must have either agreed to in a separation agreement or was ordered to by a judge.

And yes, if there's any doubt about paternity, my advice to any client is to get a DNA test before you pay. Once you agree to pay (or do not dispute paternity before a judge), you have accepted the financial responsibility of being a dad.

There might be some leeway if it was just a couple of years. But again, this guy took 16 years to decide he was a cuckold and scream 'foul'. Way too long!

 

[Malibook]

...what you are saying is that the kids should be pulled out of the home they have been living in, out of the school they have been living in, away from the friends they have, to spite the mother.

No, I am saying that she should do whatever she can to help ID and find the biological father.
He should pay 50% of the father's child support.

I am saying that I find her lack of memory quite convenient and hard to believe.

I would not assume that she is being honest now or before and if it takes some potential repercussions to help her memory, so be it, although I agree that it should not come to moving the kids.

 

[mandrill]

Guys, the thing you have to understand is that the judge's main concern is that the children have enough to eat and a roof over their head. The judge has to balance the fact the guy was - apparently - conned and lied to with the fact that he has been the only financially responsible guy in these kids' lives for the last decade and a half and they practically depend on him.

Under the circumstances, the Law chooses to protect the kids and not the adult male. It's a rational societal choice. There you go.

 

[Malibook]

SHE DIDN'T LIE ABOUT HOW THE FATHER WAS!!! SHE WAS MISTAKEN!!

How would you know this?

Who's to say it was a drunken one night stand with a stranger?
Her medicine damaged memory story sounds like bullshit to me.

It's more likely that she knows the biological father who she fucked numerous times including right around the time she got knocked up.
And then she had no clue or thought that it could have been him?
Right.

 

[RTRD]

Ok...

No, I am saying that she should do whatever she can to help ID and find the biological father.
He should pay 50% of the father's child support.

I am saying that I find her lack of memory quite convenient and hard to believe.

I would not assume that she is being honest now or before and if it takes some potential repercussions to help her memory, so be it, although I agree that it should not come to moving the kids.

...so this is something more like what I could agree with.

It DOES seem...convenient ...that she can't remember who the father might actually be...but then again, it has been 16 years, and perhaps it was just a drunken lonely one night stand after a fight. I used to tease my wife all the time that I have no proof our son is my kid, as she is convinced that the night he was conceived was an evening we had engaged in a knockdown drag out that ended with her storming out....and coming back hours later drunk as a skunk. What followed was make up sex...but how do I know it was not a cover up??!!!

Still...I am not totally sure what you propose is fair to the guy who IS the biological father either. We don't know the circumstances...what if it WAS a one time thing, and she told him she was on the pill? Now...16 years later, people show up telling him that he is on the hook for tens of thousands of dollars, regardless of how that might negatively impact his ability to care for his present familily, for example.

In general, you guys seem to be putting WAY TOO MUCH emphasis on who has what DNA...when would should matter is the relationships. And I fail to see any reason to engage in the disruption any of this would cause for any reason other than spite.

 

[RTRD]

How...

How would you know this?

Who's to say it was a drunken one night stand with a stranger?
Her medicine damaged memory story sounds like bullshit to me.

It's more likely that she knows the biological father who she fucked numerous times including right around the time she got knocked up.
And then she had no clue or thought that it could have been him?
Right.

...WOULD she know???

You think her and her husband weren't having sex....but when she turned up pregnant, he just assumed it was an immaculate conception??

She was fucking both of them, clearly, but with only one of them could it have been a one time event. That doesn't mean it was, but how the fuck would she know who the father was if she was in a sexual relationship with her HUSBAND at the time?

That is how we know she didn't LIE, because she would have no idea who the father was. She was fucking BOTH of them.

Again, I think you guys have your backs up because she cheated - as though she cheated on you or something...

 

[Malibook]

Guys, the thing you have to understand is that the judge's main concern is that the children have enough to eat and a roof over their head. The judge has to balance the fact the guy was - apparently - conned and lied to with the fact that he has been the only financially responsible guy in these kids' lives for the last decade and a half and they practically depend on him.

Under the circumstances, the Law chooses to protect the kids and not the adult male. It's a rational societal choice. There you go.

I totally agree.

I'm just saying that efforts should be made to get some of the support from the biological father.

If she honestly tries and he can't be identified and located, fine.

 

[Malibook]

...WOULD she know???

I am not saying that she should know for certain who the father is.
I am saying that it is highly likely that she had some doubts.

You seem to assume that this is a complete shock to her and she has absolutely no idea how this could have happened.

Maybe it was a drunken one night stand with a stranger.
I don't think she would have had to make up the story about the medicine if this was the case.

 

[RTRD]

Doubts...

I am not saying that she should know for certain who the father is.
I am saying that it is highly likely that she had some doubts.

You seem to assume that this is a complete shock to her and she has absolutely no idea how this could have happened.

Maybe it was a drunken one night stand with a stranger.
I don't think she would have had to make up the story about the medicine if this was the case.

...about who the father is? Maybe...maybe not.

I am not assuming anything, other than the father was perfectly content for 16 years until being a father was about to cost him more than he liked.

I also think in interesting that after 16 years he NOW has doubts about who the biological father is? Bullshit - he had doubts all along...and he did the right thing by getting past it. What is is reason for upsetting the apple cart now? Money? That is a hell of a reason to decide to reveal to your kids that you aren't their father.

What I wouldn't assume is that the story regarding the meds is made up...given that a) that sort of thing would be VERY easily proven wrong (the guys was her husband...he'd know if she was on meds) and there would be medical records. There are meds which can drive the libido to INSANE levels...a fight, a trip to a bar...some drunken fucking in the mens room.

More to my point though is...what difference does it make? All this is unnecessarily disruptive to people's lives...these kids...the other potential family (of the biological father)...all for what? Because this guy is pissed that she cheated 16 years ago?

He should just get over himself....if he didn't care for the previous 16 years, this piece of information should at this point be irrelevant. Those are HIS kids...HE raised them. He should value that more than petty revenge or money.

 

[S.C. Joe]

What happen was she got knock up on that date rape drug, she had no idea what happen and made a 100% honest mistake.

And I am going to be the pope someday....