U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Politics and Other Controversies
 [Register]
Please register to participate in our discussions with 1.5 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.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
View Poll Results: Should this man be forced to continue paying child support?
Yes, he should continue to support this child 1 7.69%
No, he should continue to support this child 3 23.08%
He should continue to support this child if that is what he wants to do, not because the court is making him 8 61.54%
He should have had the test done earlier, tough luck buddy 1 7.69%
Voters: 13. You may not vote on this poll

 
 
Old 09-11-2008, 03:53 PM
 
Location: North Carolina
2,281 posts, read 1,869,253 times
Reputation: 1989
Default Another example of the injustice of the child support system!

I saw this story on my evening news and couldn't stop myself from posting it on the forum. A native Franklin County, North Carolina man recently received double confirmation that the child he had been paying child support for over the last 16 years is not his biological son. Taking this news to mean he would be relieved of the monthly draws from his checks, he took his case before the court. With evidence in hand he attempted to remedy this problem, but was refused and told he would have to continue to pay child support. Why, you may ask. Because it took him to long to find out the child wasn't his. I am sorry but this seems like a major injustice and a slap in the face to all hard working secondary parents. This man did his duty by that child for 16 years, but is being denied the right to stop paying because he didn't know earlier this child wasn't his. Something about this just doesn't seem right. But lets see what the rest of you think on the subject. A senator on the news stated that he had for so long assumed the role of father that he can't just stop now. I say the truth has finally come out and this man has more than payed his fair share in to this child's mother. Its time to go out and find the real daddy. Hell, just think of the backed child support that guys gonna owe. Wow! Vote if you have the time, leave a comment if you have even more time.

PS Hey everyone, I realize my second choice isn't written right but you know what I mean. I have tried and tried but I can't seem to get into that poll to edit the question. Sorry!



newsobserver.com | Paternity test was too late (http://www.newsobserver.com/134/story/1062343.html - broken link)

Last edited by Reads2MUCH; 09-11-2008 at 04:02 PM..
Quick reply to this message

 
Old 09-11-2008, 03:57 PM
 
Location: Wilmington, NC
8,575 posts, read 2,176,730 times
Reputation: 835
the same state that made him pay, should offer a refund.
Quick reply to this message
 
Old 09-11-2008, 04:05 PM
 
Location: North Carolina
2,281 posts, read 1,869,253 times
Reputation: 1989
Quote:
Originally Posted by jmarquise View Post
the same state that made him pay, should offer a refund.
Yes, at the very least the child's real father should be found if possible and made to begin paying child support. Those payments would not be made to the state, but to the man who assumed his responsibilites as a father for the last 16 years!
Quick reply to this message
 
Old 09-11-2008, 04:21 PM
 
Location: Wilmington, NC
8,575 posts, read 2,176,730 times
Reputation: 835
how about this for an idea. give him a 16 year tax write off, even when he is not paying. make it keep up with inflation too. he will be keeping the money but writing it off. got to do something to help the guy out. like you said, he did what so many deadbeat dads don't do, and that is pay the bills.

Quote:
Originally Posted by Reads2MUCH View Post
Yes, at the very least the child's real father should be found if possible and made to begin paying child support. Those payments would not be made to the state, but to the man who assumed his responsibilites as a father for the last 16 years!
Quick reply to this message
 
Old 09-11-2008, 04:31 PM
 
626 posts, read 1,177,888 times
Reputation: 404
Definitely not fair, men usually get screwed.
Quick reply to this message
 
Old 09-11-2008, 04:31 PM
 
Location: Ohio
10,442 posts, read 5,785,845 times
Reputation: 5973
Quote:
Originally Posted by Reads2MUCH View Post
. Why, you may ask. Because it took him to long to find out the child wasn't his. I am sorry but this seems like a major injustice and a slap in the face to all hard working secondary parents.
That doesn't sound right.

It's long held legal principle (by the US Supreme Court) that in the case of fraud, the statue of limitations does not begin to run until the fraud is discovered, in this case, the paternity test would start the statute of limitations.

It's just another one of many examples where men's constitutional rights are violated.

Pursuant to the 7th Amendment of the Constitution:

Quote:
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
The awarding of alimony or child support, and the amount should be determined by a jury of peers, not a judge, or as in most cases, not by a freaking referee who has no legal training.
Quick reply to this message
 
Old 09-11-2008, 04:42 PM
 
Location: North Carolina
2,281 posts, read 1,869,253 times
Reputation: 1989
Quote:
Originally Posted by Mircea View Post
That doesn't sound right.

It's long held legal principle (by the US Supreme Court) that in the case of fraud, the statue of limitations does not begin to run until the fraud is discovered, in this case, the paternity test would start the statute of limitations.

It's just another one of many examples where men's constitutional rights are violated.

Pursuant to the 7th Amendment of the Constitution:



The awarding of alimony or child support, and the amount should be determined by a jury of peers, not a judge, or as in most cases, not by a freaking referee who has no legal training.
Yeah, it doesn't sound right to me either but according to the news North Carolina law states the would be father must dispute paternity within two months of the birth and prove the child not to be his/hers within the first year. The man involved is taking his case to the lawmakers to try and have something done about this incredibly unjust situation. They say they hope to have it up for changes within a year. But by then the man will only have about a year left to pay. And I guarantee the state will try to do nothing to help this man regain all that money he has paid in. The whole situation stinks and I hope something will be done to help this man who did nothing wrong other than assuming the child his girlfriend/wife bore him was his.
Quick reply to this message
 
Old 09-11-2008, 05:16 PM
 
2,779 posts, read 4,907,280 times
Reputation: 677
Not enough info. Is he a de facto parent?
Quick reply to this message
 
Old 09-11-2008, 05:30 PM
 
Location: North Carolina
2,281 posts, read 1,869,253 times
Reputation: 1989
Quote:
Originally Posted by norcalmom101 View Post
Not enough info. Is he a de facto parent?
There is a link provided on the OP but past what is written there I don't know much about the man. I just know that after 16 years of paying an ex lover/wife he has finally obtained proof twice(via two seperate paternity tests) that he is not this child's biological father. Now weather or not he is that boy's father at heart, the state should not be able to regulate a person based on morals or feelings. The simple fact is the state bases child support on paternity. If it is shown this man is not the father of the child he has been paying for, all payments should cease and desist and some form of compensation should be worked out for him. At least, that is what the information I have at hand leads me to believe.
Quick reply to this message
 
Old 09-11-2008, 06:00 PM
 
2,779 posts, read 4,907,280 times
Reputation: 677
De facto parental status actually can in certain circumstances create liability for child support. Not saying I support it one way or another, just don't have an opinion absent the facts of the case.
Quick reply to this message
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 update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:
Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Politics and Other Controversies
Similar Threads

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top