Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Alimony & Spousal Support

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-11-2009, 10:08 PM
Junior Member
 
Join Date: May 2009
Posts: 10
Post

Child Support


What is the name of your state (california)

I remember this case where the woman cheated on her husband, gave birth to 2 children that is not her husband's and sued him for child support after the husband found out about the cheating and divorced her.

What is the name of that case? I want to know. It's just one really messed up lawsuit.
  #2  
Old 06-11-2009, 10:15 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,468
Quote:
Originally Posted by annoyed2009 View Post
What is the name of your state (california)

I remember this case where the woman cheated on her husband, gave birth to 2 children that is not her husband's and sued him for child support after the husband found out about the cheating and divorced her.

What is the name of that case? I want to know. It's just one really messed up lawsuit.
we don't do homework here. based on what you stated, seems like the law worked the way it's supposed to. dad is legal dad since he was married to the mother at the time of birth. not once, but TWICE!
  #3  
Old 06-11-2009, 10:39 PM
Junior Member
 
Join Date: May 2009
Posts: 10
I don't know. It seems to me everyone is throwing away their common senses and blindly do what the law says.
  #4  
Old 06-11-2009, 11:05 PM
Senior Member
 
Join Date: Mar 2009
Location: Weigh a pie...
Posts: 6,650
Quote:
Originally Posted by annoyed2009 View Post
I don't know. It seems to me everyone is throwing away their common senses and blindly do what the law says.
The two aren't mutually exclusive you know...
__________________
*****************************


When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
  #5  
Old 06-20-2009, 01:21 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,762
Quote:
Originally Posted by abys32 View Post
I remember that one too!! I know the court's first priority is the children. The guy did nothing wrong and the wife violated her oath of marriage, which I thought was a legal arrangement. In doing so she further created quite emotional anguish for both this guy and the kids, who were all under the impression that they are related!!

They should have made this woman find and sue the bio dads for support AND this guy should be able to get visitation if wanted because she lied to him AND the children.

Was there something about "knew or should have known?" What happended there?
Husband is the legal father of ANY children born during marriage. If he didn't want to be daddy then he should have disputed paternity IMMEDIATELY, filed for divorce and requested a paternity test on both children. He didn't. Most likely he held himself out to be the children's father and enough time elapsed that he forfeited the right to not be daddy. Abys again you know NOTHING about the law. AT ALL.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 06-20-2009, 04:21 PM
Member
 
Join Date: Jun 2009
Posts: 94
Quote:
Originally Posted by Ohiogal View Post
Husband is the legal father of ANY children born during marriage. If he didn't want to be daddy then he should have disputed paternity IMMEDIATELY, filed for divorce and requested a paternity test on both children. He didn't. Most likely he held himself out to be the children's father and enough time elapsed that he forfeited the right to not be daddy. Abys again you know NOTHING about the law. AT ALL.
I know it sounds unreasonable. That is important in law. You have to admit that there was an incredulous response to this case across the state and the country. How often do you hear about a family law case on the news in another state?

Are you saying that you think it is reasonable for all married dad's to get DNA testing just in case they later find out that their wife cheated? When you get married, shouldn't you be able to assume that your spouse is not having sex with other people? If not, why is that even grounds for divorce? I understand the law that led to the decision. I think this sounds unreasonable and it should be changed. Do you know if he knew or should have known? Maybe that was a factor as well.

Last edited by abys32; 06-20-2009 at 04:23 PM.
  #7  
Old 06-21-2009, 08:26 AM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,762
Quote:
Originally Posted by abys32 View Post
I know it sounds unreasonable. That is important in law. You have to admit that there was an incredulous response to this case across the state and the country. How often do you hear about a family law case on the news in another state?

Are you saying that you think it is reasonable for all married dad's to get DNA testing just in case they later find out that their wife cheated? When you get married, shouldn't you be able to assume that your spouse is not having sex with other people? If not, why is that even grounds for divorce? I understand the law that led to the decision. I think this sounds unreasonable and it should be changed. Do you know if he knew or should have known? Maybe that was a factor as well.
I am saying it is the law -- something of which you are ignorant and continuously post stupidity regarding. The law states that the LEGAL presumption is that the husband is the father of the children. He could raise the issue of paternity at birth and get a DNA test if he wanted to then. Or he could have raised the issue at the time of the divorce filings or before the court finding that he is the father of the children for the purposes of the divorce. You think it is unreasonable? I think YOU are unreasonable and really need to quit posting.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:45 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.