man must pay for twins ( Archived) (60)

Jan 9, 2009 8:51 AM CST man must pay for twins
thopkins
thopkinsthopkinsSt.Pauls Bay, Majjistral Malta15 Posts
yes it was totally wrong and unfair
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Jan 9, 2009 9:22 AM CST man must pay for twins
pubwrite08
pubwrite08pubwrite08Columbus, Georgia USA14 Threads 2,451 Posts
Oh that is just so wrong. I would have walked on hot coals to get child support, but I never asked that anybody pay for something that wasn't theirs. That is so wrong.
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Jan 9, 2009 11:14 AM CST man must pay for twins
LILLYLADY
LILLYLADYLILLYLADYunknown, Ohio USA27 Threads 1,293 Posts
Did DNA court ordered testing even exist when the twins were born? Perhaps DNA paternity testing was in it's infancy back then.
The woman duped him to believing these were his biological children knowing full well that the possibility existed that they were not his. What an actress she is!!
The only positive thing that I can see here is that the children had a responsible non biological father who obviously stuck around to take responsibility to raise another man's children. Too many men abandon a spouse and children that are biologically theirs!!
He would do great honor to those children to voluntarily financially continue to help out. The children will have respect for him to know that he is an honorable man, no matter how his ex-wife will belittle him.
The court is doing him a great injustice for force him to pay out for his wife's infidelity.
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Jan 9, 2009 6:50 PM CST man must pay for twins
I read all your responses, and each of them in their own right do have merits. However, I believe the man was deceived into believing the children were his. The reason being that shortly after they were married she announced she was pregnant, when she really was pregnant before that. That's a very old trick in the book though, when some women who fear raising an illegitimate child, trick the man into thinking the said child was conceived on the night of the wedding or shortly thereafter.
What have happened, is that greediness step in, and the woman wanted more support payment, which then prompted DNA request from the man, for the twins. The results showed they were not his. It's either his or it's not, not both.
The judge was thinking that the children didn't know any other father but this man, so regardless, let him pay. As a result you now have a resentful man, a man no longer happy, who believe he was being deceived. In other words that marriage should have been deemed null and void due to deception. Her claiming she has no memory, of an affair is a first class act, a good one at that. I believe the man was screwed, both by the ex and the legal system. No if or buts about that!
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Jan 9, 2009 7:13 PM CST man must pay for twins
RayfromUSA
RayfromUSARayfromUSAvienne, Rhone-Alpes France86 Threads 29 Polls 6,611 Posts
mychelle: It is said that a man in Ontario must pay child support to his ex for the twins. His wife said she was pregnant shortly after they marry. Turns out she wanted more payments, and DNA was then ordered by the ex husband which prove they were not his kids. He is ordered to pay support for them because he was the only father the teenagers knew. The ex says she doesn't know who the other father is, and has no memory of being in an affair.

I would like to hear comments from men who feel cheated by the legal system, and also from women who think that the judge was right.


I suppose the judge is looking out for the welfare of the kids, but ethically I think he made a real bad judgement call.

I doubt the wife's claim of not knowing she was pregnant when they married. The poor guy has been duped by his wife and abused by the courts.
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Jan 9, 2009 7:40 PM CST man must pay for twins
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
RayfromUSA: I suppose the judge is looking out for the welfare of the kids, but ethically I think he made a real bad judgement call.

I doubt the wife's claim of not knowing she was pregnant when they married. The poor guy has been duped by his wife and abused by the courts.


Ray?

Yes, he hss been.

In fact, the man should be drowning his sorrows right now.
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Jan 10, 2009 6:52 AM CST man must pay for twins
cristina
cristinacristinaLisbon, North Holland Netherlands286 Threads 10 Polls 17,243 Posts
- One of the reasons that contributed for the ruling was that the putative father, even though suspecting he was not the father, fought for their custody before. The only reason he asked for DNA was when the pension was to be raised.

The judge noted that Pasqualino Cornelio wondered at the time of his separation whether a man named Tony with whom his wife had had an affair might be the father of the children.

“It was not until access was interrupted and Cornelio commenced proceedings seeking increased child support that the respondent began pursuing this issue,” the judge remarked.

In any event, she said that it would be wrong for the children to suffer for events, over which they had no control.

“Cornelio was the only father the twins knew during the course of the marriage,” Judge van Rensburg said. “The relationship that developed from the time of their birth was the natural relationship between a parent and his children.

Judge van Rensburg noted that two separate lines of jurisprudence have developed in comparable cases. One focuses on being fair to an individual who discovers that he is not a biological parent. The other concentrates on the best interests of the child.

She pointed to an expansive definition of ’parent’ under the Family Law Act, under which Cornelio can be seen as ’a person who has demonstrated a settled intention to treat a child as a child of his or her family’.




And...child support is about the children and not about their parents. Maybe if the father was identified? See? I believe that if the biological father would have showed up, things would be slightly different. For the best interest of the kids, they need support...and he acted as their father even though he was suspicious of not being their father.










gift gift
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Jan 10, 2009 3:13 PM CST man must pay for twins
cristina: - One of the reasons that contributed for the ruling was that the putative father, even though suspecting he was not the father, fought for their custody before. The only reason he asked for DNA was when the pension was to be raised.

The judge noted that Pasqualino Cornelio wondered at the time of his separation whether a man named Tony with whom his wife had had an affair might be the father of the children.

“It was not until access was interrupted and Cornelio commenced proceedings seeking increased child support that the respondent began pursuing this issue,” the judge remarked.

In any event, she said that it would be wrong for the children to suffer for events, over which they had no control.

“Cornelio was the only father the twins knew during the course of the marriage,” Judge van Rensburg said. “The relationship that developed from the time of their birth was the natural relationship between a parent and his children.

Judge van Rensburg noted that two separate lines of jurisprudence have developed in comparable cases. One focuses on being fair to an individual who discovers that he is not a biological parent. The other concentrates on the best interests of the child.

She pointed to an expansive definition of ’parent’ under the Family Law Act, under which Cornelio can be seen as ’a person who has demonstrated a settled intention to treat a child as a child of his or her family’.

support is about the children and not about their parents. Maybe if the father was identified? See? I believe that if the biological father would have showed up, things would be slightly different. For the best interest of the kids, they need support...and he acted as their father even though he was suspicious of not being their father.





He didnot marry her knowing the kids were not his, neither did he marry her because he suspect she had an affair.
All those came about afterwards, which is what divorce are about, all sorts of insinuations, and then the truth be told.
The kids don't have any other father, because the mother cheated. If a father don't want to be a father after he told he is not, then the children have still lost. They(children) have gained absolutely nothing and have learnt to mistrust the very people that have raised them. Now, if the man still wanted to be their father then he would have been commendable, a real man in some people view. However, it still stands that he has been screwed, and the kids may have a real distrust of others in authority. society.
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Jan 10, 2009 4:24 PM CST man must pay for twins
Now in reference to the memory loss that the ex wife has, and relating to the affair.ie no recollection because of medication she was taking. Here are several puzzling questions that are unanswered.

Did she marry her husband under the influence of said medication?

Would it be considered an assault by the other person in the affair, since she know nothing of the affair, and her memory took a leave of absence?

Did she not knowingly lie, but suffered memory loss inorder not to perjury herself?
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Jan 10, 2009 4:34 PM CST man must pay for twins
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
Mychelle, it has been a great discussion and one that has raised some feelings for some people.

I was not aware that she was on medication.

Still, I am convinced that is an easy avenue to go down, blame the meds.

Sounds to me, this woman got found out, for an affair and has taken the case to court, somebody must have taken it there.

In my opinion, the man has been screwed by the system.

And by his ex wife.
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Jan 10, 2009 8:13 PM CST man must pay for twins
princessadele
princessadeleprincessadelemurray bridge, South Australia Australia11 Threads 9 Polls 127 Posts
i think its unfair and for her to say she doesnt remember having an affair what a load of bs
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Jan 11, 2009 3:41 PM CST man must pay for twins
It is unfair. I have seen this happen before. The children have had a great loss. They are teenagers and there is only a few years left of child support. This man will have the love and the family they will bring him. Only if he holds no anger and hate..
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Jan 11, 2009 3:44 PM CST man must pay for twins
princessadele: i think its unfair and for her to say she doesnt remember having an affair what a load of bs
professor Virgin Birth!idea grin
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Jan 22, 2009 5:47 PM CST man must pay for twins
Witchaywoman
WitchaywomanWitchaywomanCarpentersville, Illinois USA97 Threads 13 Polls 4,344 Posts
On one hand, he should file an appeal. On the other hand, doesn't he love the kids? If they're teens, that does not apply for long anyway. Sooner or later, they outgrow child support.
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Jan 22, 2009 7:53 PM CST man must pay for twins
The post also said the children were now Teenagers and have never known anyone else as their father. The Judge probably ruled in the best interests of the children's mental well-being, as is done here in cases as this,(USA).

What would be interesting to me, since the mother claims no other affairs, is if the DNA shows she is their mother.

There have been some cases where a couple divorced and the Father did not want to pay child support, so claimed he was not the Dad. DNA was done and at the Mother's insistence there was no other man, then the DNA repeated, to find that neither were the parents.

Talk about heart breaking.
conversing conversing conversing
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Jan 22, 2009 8:11 PM CST man must pay for twins
Karma3: Gawd! Are you for real???


Unfortunately, there are many that would side with him. Not I, as I would never cheat. I would also hope that my Husband would have enough faith in our Marriage to know that.


However, if he wanted a DNA for every child we had, I would let him have one. . . BUT I would wonder what he was doing as well as his commitment to our Marriage.
hug hug
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Jan 22, 2009 9:29 PM CST man must pay for twins
SexyAttorney
SexyAttorneySexyAttorneyClearwater, Florida USA25 Threads 976 Posts
cristina: In Portugal there is this presumption that the father of the kids is the one who is married to the mother at the moment of birth or conception. Must be the same everywhere.
It seems like he didn't rebut this presumption immediately but acted as their real father and was recognised as such in all circumstances.
If he decided to do ADN exame, it seems to me that he had always been suspicious. Why do the ADN only at the moment he is to pay their pension? The fact that he did assume the parenting by not rebutting, makes him the legal father and this position is enhanced by the fact that the biological father is uncertain.
If i was the judge, he'd have to pay!



Bingo!...........there is my witty and factual response.innocent
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Jan 22, 2009 10:20 PM CST man must pay for twins
MysticalUnicorn
MysticalUnicornMysticalUnicornHamilton, Ontario Canada15 Threads 1 Polls 180 Posts
Yeah but how long were they together? These kids know him as DAD right? Sometimes it isn't a factor of DNA. If you found out a child wasn't yours years later, but you LOVED them as your own, you should support them as your own. Now if a woman isn't getting support from BIO dad, but was married to some other guy who helped support the child, and they divorce she can take him to court for child support. It's why people are afraid to date single parents, or one of the reasons.
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Jan 22, 2009 10:27 PM CST man must pay for twins
JamesBraginton
JamesBragintonJamesBragintonPalm Desert, California USA179 Posts
In response to: It is said that a man in Ontario must pay child support to his ex for the twins. His wife said she was pregnant shortly after they marry. Turns out she wanted more payments, and DNA was then ordered by the ex husband which prove they were not his kids. He is ordered to pay support for them because he was the only father the teenagers knew. The ex says she doesn't know who the other father is, and has no memory of being in an affair.

I would like to hear comments from men who feel cheated by the legal system, and also from women who think that the judge was right.


Boy,,,how did you let her go??? Next time do your homework when it comes to personalities. That is the best i can say.
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Jan 22, 2009 10:28 PM CST man must pay for twins
JamesBraginton
JamesBragintonJamesBragintonPalm Desert, California USA179 Posts
Witchaywoman: On one hand, he should file an appeal. On the other hand, doesn't he love the kids? If they're teens, that does not apply for long anyway. Sooner or later, they outgrow child support.


Hi blur
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