Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Other than her having someone sneak in her room, while she was under the influence of a date rape drug or some surgery level sedation, and they managed to get all her clothing back on her correctly with no "icky, doesn't feel right" feeling in certain regions, then she lied. I call bull on all that period malarky, no possible way means you engaged in no sexual activity at all during the possible impregnation window.
Her willingness to lie, so that he was not afforded the right to have paternity proven, should not cost him $65,000 dollars - money he needs to support the children that he has been supporting, and continues to need to support, as a responsible father.
I know more than enough people who had periods and were still pregnant not to be 100% sure she was lying.
I'm also not sure many people really grasp the way that their reproductive cycles work enough to say she was lying.
Could she have been? Absolutely!
Then again, he could be lying about whether or not he knew he was named as father, had his wages garnished, etc. Sounds like he may have moved out of state and this garnishment wasn't allowed to follow him because nobody knew where he was.
So, maybe he's full of it.
I'm not either of them, but I'm also not going to immediately assume the woman is a liar just because he turned out not to be the father.
__________________
When in doubt, check it out: FAQ
Okay, if we assume she really thought he was the dad and she did not lie at all, it still says something about her character that she would continue to try to extract payment from him knowing he is definitely not the father. So he made a mistake, she made a mistake. Should they not be even? If he has to pay this large amount of money, 65K, it will negatively impact his family and is taking money away from his children. How she can do this, I don't know.
How poor is she? How much has she struggled over the years to provide for this child she thought was his and he never denied was his, though?
I would not take the money. I can tell you that much. But, I cannot, without knowing more about her and her situation, say I'd refuse it if I was her. Maybe he was an ass and beat her up when they were dating.
Maybe she feels it's owed to her based on something he did.
Or, maybe she's an opportunist.
So many reasons. We don't know.
__________________
When in doubt, check it out: FAQ
I think this is the insane. Regardless of whatever you "think" he should have done, the very second it was discovered he was not the father, he should have been completely resolved of any CS and this pos "mother" should have been forced to pay years of back payments for compensation. Women like this are the scum of the earth and just make women look bad. This woman should spend the next 16 years giving this guy any paycheck she gets. I agree the whole court system is all kinds of messed up, and it anything BUT fair, equitable and just. While not related the likes of Alimony should be discarded all together, unless a woman is stupid/lazy/retarded there's no excuse for a woman living in the west not to be making something. In regards to child support, the father should be allowed to not have to pay if he is not the father.
Bit harsh considering you don't know either of these people, don't you think?
__________________
When in doubt, check it out: FAQ
If courts allow DNA to PROVE a man IS the father in order to make him pay child support, the COURTS have to allow that a DNA test prove NO paternity to REMOVE child support.
The problem is, courts DON'T want to admit their rulings are WRONG as any overturning of a case a judge decided goes against the judge. NO judge wants to be over turned!
But if DNA is used, the courts MUST abide by its results.
I hope he takes it to the SCOTUS! Maybe then the laws regarding paternity and DNA proof/denial will be accepted as hard evidence.
Some women claim paternity just to "keep a guy in contact with her" hoping to make him her husband to raise the child together, when in reality the child is some one else's whom she doesn't want. Sad but true.
I'm glad I have no children and was never accused of one. There's actually no way possible as I produce no sperm due to malformation of the testes at birth. But I'm old enough that my youthful years were PRE DNA, so I could have been accused. Would a 0 sperm count be accepted by the court as evidence of NON paternity? Probably NOT.
I could absolutely support this. Unless a father signed away the right to a paternity test for personal reasons and agreed he was responsible for paying.
Or, if he was married, already agreed it was the child's father, and there was a separation and court case after the fact.
Some people don't want DNA tests. If they don't, they sign a waiver saying so.
Others, yes... they should be offered DNA tests before having court-ordered child support levied upon them.
I am 100% behind this.
__________________
When in doubt, check it out: FAQ
So she may have had a period, you think that would make an 8 month term delivery look like a 9 month term delivery? Yes I'm not a moron I do know that women can experience menstruation during pregnancy, and not every pregnancy is textbook.
So you kinda prove my point.
You were to term, by count back you could determine rough conception date. Either know or not care about any post conception pre delivery light periods (and they will be lighter than normal) or spotting. So you'd have a target date for a potential bio father.
What your obs/gyn predicted during pregnancy is irrelevant at birth, because you have all the data at birth i.e. level of neonate development and delivery weight. There's no more need for prediction. Pediatricians can be pretty variable during pregnancy but are pretty accurate once they have the living breathing infant to look over.
It's not a perfect science, was my point. If she had sex with two men close together with a week between them, she might indeed just count back to when she had her last period and the guy prior would never enter the picture. This is especially true for women who don't seek pregnancy care very early in their pregnancy. If she waited until she was 3 months in, most docs (especially those in free clinics and the like) would just put down what she said as fact and move along. Those types of pregnancies are ones in which an ultrasound might never even be ordered.
And, she would just think that she had the right father. Not many women know they can be pregnant and still have a period.
__________________
When in doubt, check it out: FAQ
No but they can look at your earnings history and education/training level and say you could potentially make this much and fully expect you to and base CS from that amount in cases where your income drops.
That's done mainly to prevent men who were making six figures from deciding to take up jobs teaching yoga part time to screw over their exes.
__________________
When in doubt, check it out: FAQ
Yes and if she can do it for 16 why stop now.
From another perspective those who say because he made that first CS payment and did not immediately contest or demand a DNA test he gave up his right and accepted the burden of financial responsibility for the child, be it his or not, and now he can not be relieve of arrears. So since she continued supporting her child solely for 16 years did she not then accept the burden of sole responsibility and should not be relieved of sole support?
I dont know how loose this woman was, not judging. I'm really speaking in generalities. If you dont know for sure who the father of your child is you are not in a monogamous relationship and if pregnancy result who holds the bigger burden.
The woman always holds the bigger burden unless she gives her kids up to the father or some other person and walks away.
Unfortunately, that's how the world works. Men who gripe about paying CS (men who are the fathers, of course) are jerks.
I say this as the mother of 2 sons and a daughter. If my sons ever father any kids, I expect them to step up and provide.
__________________
When in doubt, check it out: FAQ
I could absolutely support this. Unless a father signed away the right to a paternity test for personal reasons and agreed he was responsible for paying.
Or, if he was married, already agreed it was the child's father, and there was a separation and court case after the fact.
Some people don't want DNA tests. If they don't, they sign a waiver saying so.
Others, yes... they should be offered DNA tests before having court-ordered child support levied upon them.
I am 100% behind this.
The problem is that because he didn't appear in court to refute the allegation the court relied on the mother's testimony. The question is...did he even know there was a court hearing? Since the State admits their records are foobar'd and they can't find proof that he was served, then I don't think he should owe her a dime, he was denied due process. The judge should have ascertained that there was proof of service before he even proceeded with the hearing, that is standard courtroom protocol. I have never seen a court hearing go forward when proof of service couldn't be produced.
The problem is that because he didn't appear in court to refute the allegation the court relied on the mother's testimony. The question is...did he even know there was a court hearing? Since the State admits their records are foobar'd and they can't find proof that he was served, then I don't think he should owe her a dime, he was denied due process. The judge should have ascertained that there was proof of service before he even proceeded with the hearing, that is standard courtroom protocol. I have never seen a court hearing go forward when proof of service couldn't be produced.
This is definitely an odd situation. I would think they'd need his participation, even if it was him signing some paperwork saying he wasn't showing up, but was aware of the situation.
__________________
When in doubt, check it out: FAQ
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
