Man who didn't father twins must pay child support
Robair @ Thu Jan 08, 2009 12:34 pm
Eisensapper Eisensapper:
Robair Robair:
Brenda Brenda:
but also no obligations.
And that is in the best intrest of the kids how?
So that they will not be confused on who their father is. If a guy donates sperm to a sperm bank he does not have any rights to the offspring.
How does that pertain to this case? It was a married woman in an affair with another man, not a sperm bank.
lily lily:
And no, she shouldn't be charged with fraud. There are no laws covering this.
Section 397 Subsection 1 Paragraph A of the Canadian Criminal code:
"everyone who, with intent to defraud destroys, mutilates, alters,
falsifies, or makes a false entry in...a book, paper, writing, valuable security or
document is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years"
correct me if i am wrong but putting that guys name on the child support document stating that he is the biological father when she knows other wise sure sounds to me like it falls under the jurisdiction of S.397.
This is one sad sad story, for the dad who got duped into raising someone else's DNA then has to continue to pay for it even after he finds out they are not his. And it is a sad day for the legal system...again...when we let idiots like this on the bench. I agree that she should not have to repay the money, that would put much too much of a strain on a single mother, but it is ridiculous to have him continue to pay for kids that aren't his. With this precedence set, what's to stop mothers from going after boyfriends for child support of children that aren't theirs?
people seem to think that once the support is cut off from the father, the kids and the mother will helplessly spin into the depths of poverty and starve...i am wonderfully lucky (seems weird to use that word when talking about this subject) to have parents TRULY look at our best interests and not have a custody battle, they talked everything out and made an arrangement themselves, neither payed the other any child support, yeah it was hard, but we're still all here, and doing very well. If the mother works, she can hold up her half, and the father can still do what he can for the kids (if he so chooses), and lets not forget the kids, they're old enough to get a job...they can help too.
$1:
Put it this way.... if you suddenly found out your dad wasn't really your dad... would it matter a whit to you?
lol yah...it would matter a lot...ever heard of genetic diseases? love is love and calling someone your dad even though he is not your father is all well and good, but it sure as hell isn't going to help you with that nice weak biological system your father has genetically passed down to you.
Lets face it people...and yes the is a very cut and dry way of looking at the world and our place in it...but really the only reason why we are on this rock is to pass on our genetic material so that our pathetic little race can continue for another generation. I for one will (hopefully) never raise another's child, why? because i essentially slapping my whole genetic line in the face, especially if the child would take on my last name.
I think that there is only one way for this whole situation to be sorted out.......
JERRY! JERRY! JERRY! JERRY! JERRY! JERRY! JERRY!
Terence @ Thu Jan 08, 2009 12:35 pm
You can always tell married women and women who are dating and looking for side action, unless you are drunk or socially retarded.
I have never dipped my wick in another dudes woman.
Robair @ Thu Jan 08, 2009 12:36 pm
Eisensapper Eisensapper:
InternetChatter InternetChatter:
Eisensapper Eisensapper:
Yup, he was just a sperm donor.
Dunno, if I found the guy who knocked up my wife, who then passed them off as mine, and defrauded me of hundreds of thousands of dollars and robbed me of continuing my family lineage, I'd kick his nuts up into his throat until he is unable to donate sperm ever again.

What purpose would that serve? For all that guy knows, he just brought some slut home for a one night stand.
You get said slut pregnant, it should be your responsibility. That is your kid.
Brenda @ Thu Jan 08, 2009 12:39 pm
Robair Robair:
Brenda Brenda:
Eisensapper Eisensapper:
This should also come with the stipulation that if the biological father is found, he has no right to the kids.
but also no obligations.
And that is in the best intrest of the kids how?
If they have a loving father?
It takes more to be a father than just a sperm...
stokes @ Thu Jan 08, 2009 12:40 pm
This poor man should not pay a dime to that evil woman. This is the biggest problem in our society this whole way of thinking that says "someone must PAY".
The kids arent his, they are not his problem, this is the biggest betrayal a man can get. If I ever found out that my kids were not mine and I was ordered to pay, I would kick the judge in the c&*t because I would rather go to jail.
The sperm donour of these children should be found and sued and then he should be forced to pay for his fucking off spring.
What the fuck is wrong with the justice system in this country????
Sorry for ranting but wow this issue really bothers me, because it does nothing to find true fault and just lays bill at the feet of whoever is available. This is completely wrong and all men and women who believe this is wrong should unite for this poor poor bastard!!!
Yogi @ Thu Jan 08, 2009 12:40 pm
Brenda Brenda:
Yogi Yogi:
I'm surprised that no one has yet looked at this situation from a very logical viewpoint. The judge certainly dropped the ball on this one! In arriving at a sensible solution to the case before her, the judge only needed ask herself" would the man have been likely to stay in the marriage and been a father to the twins had he known beforehand that the children were the result of an affair that his wife had with another man"?
And the answer would have been "no"?
You don't know that. Lots of people stay with their cheating spouse, for what ever reason.
$1:
In fact, a fraud was committed by the wife against her husband, and not unlike any other crime that is uncovered years later, it is incumbent upon the courts to correct the situation and see that the perpetrator is held accountable. The husband should be reimbursed + interest. The very fact that the wife knowingly involved children should also be taken into account and she should be dealt with accordingly.
And that is in the best interest of the kids how?
It is unfortunate, but from a srtictly legal standpoint the 'well being of the children don't come into play here, and this is why.
Go back to the beginning. The wife gets pregnant and her husband finds out that he is not the father. He divorces her. He is not liable to support the children. It is up to the now ex-wife to go after the biological father for support. This is as it should be.
The fact that the husband
did not know for several years that he was not the father and stayed in the marriage until
he found out about his wifes deception and then left the marriage is all the argument he requires to be absolved of any responsibility. The onus for financial support rests soley on the mother and the biological father.
Brenda @ Thu Jan 08, 2009 12:44 pm
Wrong. The best interest of the kids is what this is all about. The well being of the kids is, in this case, that their father still behaves as a father should. Pay for the support of the children that are legally his. It is not about spouse support, she can shove that, as far as I am concerned.
He found out AFTER they divorced. They did not divorce BECAUSE he found out.
stokes @ Thu Jan 08, 2009 12:48 pm
Brenda Brenda:
Wrong. The best interest of the kids is what this is all about. The well being of the kids is, in this case, that their father still behaves as a father should. Pay for the support of the children that are legally his. It is not about spouse support, she can shove that, as far as I am concerned.
He found out AFTER they divorced. They did not divorce BECAUSE he found out.
What is the best interest of the kids?
Is it in their best interst to find out that a man they called dad is not their dad at all?
Having a man who raised you and loved you feel very betrayed and reject you?
This is only in the best interest of the legal system because they want to simplify this problem and not deal with those who are not faithful and have bastard children.
If the courts didnt step in maybe our society would learn the lesson of sexual promiscuity (sp?) and quit fucking around or learn to wrap it up.
To hell with the kids....men have rights too!!
Terence @ Thu Jan 08, 2009 12:50 pm
So Brenda, if you find out she cheated, you get out of the obligation if you immediately leave her, but if she is a great longterm liar, you are screwed and a human paycheck for 18 years.
Nice moral statement.
Yogi @ Thu Jan 08, 2009 12:56 pm
Brenda Brenda:
Wrong. The best interest of the kids is what this is all about. The well being of the kids is, in this case, that their father still behaves as a father should. Pay for the support of the children that are legally his. It is not about spouse support, she can shove that, as far as I am concerned.
He found out AFTER they divorced. They did not divorce BECAUSE he found out.
Nope! What actually was the cause for the divorce is irrelevant. The
only question that the courts should have considered in deciding this matter is "Would the husband have stayed in the marriage and raised the children
as his own, had he known that he was not the biological father."
Brenda @ Thu Jan 08, 2009 1:00 pm
InternetChatter InternetChatter:
So Brenda, if you find out she cheated, you get out of the obligation if you immediately leave her, but if she is a great longterm liar, you are screwed and a human paycheck for 18 years.
Nice moral statement.
THE KIDS don't know any better than he is the father. He didn't know any better than that until she wanted more and more. The kids are 16...
What do you not understand about that picture?
My morality has nothing to do with it.
I am sick and tired of your stupid insults.
Brenda @ Thu Jan 08, 2009 1:01 pm
Yogi Yogi:
Brenda Brenda:
Wrong. The best interest of the kids is what this is all about. The well being of the kids is, in this case, that their father still behaves as a father should. Pay for the support of the children that are legally his. It is not about spouse support, she can shove that, as far as I am concerned.
He found out AFTER they divorced. They did not divorce BECAUSE he found out.
Nope! What actually was the cause for the divorce is irrelevant. The
only question that the courts should have considered in deciding this matter is "Would the husband have stayed in the marriage and raised the children
as his own, had he known that he was not the biological father."
That is not a question a court should ask, because there is no way anyone can answer that. The law is based on facts, not on "what if's".
The court has nothing to do with emotions.
Robair @ Thu Jan 08, 2009 1:09 pm
Fact is, he is not the father.
Brenda @ Thu Jan 08, 2009 1:18 pm
biologically. Legally, he is. Those kids were born in wedlock, which makes them automatically his.