Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,162,489 members, 7,850,692 topics. Date: Wednesday, 05 June 2024 at 07:30 AM

She Cheated And He Is Forced To Pay The Price - Family - Nairaland

Nairaland Forum / Nairaland / General / Family / She Cheated And He Is Forced To Pay The Price (1594 Views)

What Should I Do To A Wife Who Cheated And Confess To You Twice? / Bayelsa Girl Forced To Marry Hausa Muslim Lover / I was Locked In a Room For 7 Months and forced to marry Him: Wife tells judge (2) (3) (4)

(1) (Reply) (Go Down)

She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 7:10pm On Jul 01, 2008
An American woman once cheated on her husband some years back, had a baby with her sex mate and when the husband discovered 2 years later, he divorced her on the grounds of adultery, but the judge is forcing him to pay support for the child he did not father. How fair is that judgment from your perspective? Bear it in mind that he must have bonded with the child and it's not the child's fault that her mother is an adulteress.
Re: She Cheated And He Is Forced To Pay The Price by jekkad: 7:13pm On Jul 01, 2008
yeah but dat judge must be really stupid,i know d child is innocent but they cant force d guy to father a child dats not his won blood judging from d fact dat d wife cheated on him,no way
Re: She Cheated And He Is Forced To Pay The Price by Hannibal: 7:14pm On Jul 01, 2008
RedHotChic:

An American woman once cheated on her husband some years back, had a baby with her sex mate and when the husband discovered 2 years later, he divorced her on the grounds of adultery, but the judge is forcing him to pay support for the child he did not father. How fair is that judgment from your perspective? Bear it in mind that he must have bonded with the child and it's not the child's fault that her mother is an adulteress.

Where do u get all these shituations from??
Why would a judge force child support on a man that is not the biological father??
Can't he appeal and prove DNA and stuffs??  This is not feasible.
Re: She Cheated And He Is Forced To Pay The Price by CH3COO(m): 7:14pm On Jul 01, 2008
Lol! So what?  Are you making this up or is it for real?  If it's not my child and I don't want to be responsible for it, I don't see how it should be any problem.
Re: She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 7:15pm On Jul 01, 2008
Where do u get all these shituations from??
Why would a judge force child support on a man that is not the biological father??
Can't he appeal and prove DNA and stuffs?? This is not feasible.
man, that was on the news for a long time during the last year.
Re: She Cheated And He Is Forced To Pay The Price by ikamefa(f): 7:15pm On Jul 01, 2008
RedHotChic:

An American woman once cheated on her husband some years back, had a baby with her sex mate and when the husband discovered 2 years later, he divorced her on the grounds of adultery, but the judge is forcing him to pay support for the child he did not father. How fair is that judgment from your perspective? Bear it in mind that he must have bonded with the child and it's not the child's fault that her mother is an adulteress.


shocked  

this kind of thing only happens in klingonia  cheesy

na beans ?  cheesy
Re: She Cheated And He Is Forced To Pay The Price by Hannibal: 7:16pm On Jul 01, 2008
RedHotChic:

man, that was on the news for a long time during the last year.

In Nigeria or where??
Re: She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 7:21pm On Jul 01, 2008
Dad wasn't dad after all, but still owes child support
A Florida Supreme Court case raises fundamental questions about the nature of fatherhood and legal responsibilities.
By Warren Richey | Staff writer of The Christian Science Monitor

FORT LAUDERDALE, FLA.
Sixteen months after his divorce, Richard Parker made a devastating discovery. A DNA test revealed that his 3-year-old son had been fathered by someone else.

Mr. Parker immediately filed a lawsuit claiming fraud by his apparently unfaithful ex-wife. He took his case all the way to the Florida Supreme Court.

Last week, the Florida justices ruled 7-0 against him. They said that Parker must continue to pay $1,200 a month in child support because he had missed the one-year postdivorce deadline for filing his lawsuit. His court-ordered payments would total more than $200,000 over 15 years to support another man's child.

"We find that the balance of policy considerations favors protecting the best interests of the child over protecting the interests of one parent defrauded by the other parent in the midst of a divorce proceeding," writes Justice Kenneth Bell for the court.

"We recognize that the former husband in this case may feel victimized," he writes. He then quotes a scholar to explain the ruling: "While some individuals are innocent victims of deceptive partners, adults are aware of the high incidence of infidelity and only they, not the children, are able to act to ensure that the biological ties they may deem essential are present."

In effect, the high court is saying it's partly Parker's fault for trusting his wife.

The Parker case illustrates an increasingly contentious debate over the rights and responsibilities of divorced fathers who have been duped and don't challenge paternity at or near the time of divorce. But it also raises fundamental questions about the nature of fatherhood and the legal responsibilities that can attach to a father-child relationship – even when that relationship is the result of fraud and deception by a wife and mother.

Most states have laws that permit courts to order men who have been deceived to continue to make child- support payments even when they have no biological connection to the child. The idea is to minimize any disruption in the life of the child. In recent years, some states have begun passing laws that give deceived dads some ways to fight back.

There are no reliable estimates of how often "paternity fraud" takes place. Some findings suggest 4 to 10 percent of fathers, but no definitive study has been completed.

Unlike most duped ex-husbands in the US, Parker may still prevail in court. Last summer the Florida legislature passed a law that allows men to use newly discovered paternity evidence (like Parker's DNA test results) to overturn a court order to pay child support for someone else's child.

The June 2006 law is aimed at preventing the kind of outcome ordered by the Florida Supreme Court. The policy approach taken by the Florida Legislature stands in sharp contrast to the "policy considerations" cited by the state supreme court justices.

Supporters of the Florida law see it as a major step toward justice for deceived ex-husbands. Critics see it as a potential danger to the well-being of mothers and their vulnerable children.

In addition to Florida, Ohio, Georgia, Maryland, Alabama, Indiana, Virginia, Arizona, and Wyoming have laws allowing ex-husbands to overturn a child-support order when deception or fraud by an ex-wife is discovered, according to the National Conference of State Legislatures. By contrast, most other states set a one- to four-year deadline for fathers to file lawsuits challenging paternity determinations.

The idea behind the deadline is that any action taken in a marriage breakup should be completed while the child is as young as possible to avoid a major disruption during the most formative years.

"We don't want a system where a child is 10 years old and you have people who come in and undo what has been put in place many years before," says Susan Paikin of the Center for the Support of Families in Silver Spring, Md.

Ms. Paikin says that it is up to the adults in the relationship to thoroughly investigate any paternity issues at the time of the divorce.

But fathers' rights advocates say that few husbands are aware of a paternity deadline and its legal implications. And many have no idea that their wives have been unfaithful.

In generations past such infidelity might have gone undetected. But the advent of DNA testing is changing that. It is giving new momentum to a debate over how best to provide for broken families.

"There is no perfect answer," says Paikin. "There are a lot of people who will argue that it is always in the child's best interest to have a relationship with the biological parent and that should override everything else. There are others who believe just as fervently that being a parent has more to do with being caring and nurturing, and that is what makes you a father."

Part of the difficulty in paternity disestablishment cases is that once the financial contribution of the nonbiological father is terminated, the courts do not recognize a legal right to continued contact between the child and the man.

"It is the ultimate Catch-22 for my client," says Parker's lawyer, Scott Lazar of Miami. "On the one hand he has a relationship with this child and cares about this child and would probably be willing to provide money for this child, but he doesn't want to provide it to the mother to use as she wishes."

Family court judges aren't interested in fostering a continuing relationship between men and the children of their ex-wives, says Carnell Smith, who runs a DNA-testing company and is founder of Atlanta-based US Citizens Against Paternity Fraud. "The court is only concerned about financial payments."

Judges generally view the man in a divorce proceeding as nothing more than a "walking checkbook," he says.

Smith says that instead of targeting deceived ex-husbands, the legal system should investigate the conduct of the wife and hold the mother and biological father responsible for the child they produced.

"In no other area of the law do we punish the victim for the conduct of two other people," Smith says. "For me it is disingenuous for the Florida justices to turn around and say [to Parker] 'Well, it is your fault that you didn't find out sooner.' "

The Florida legislature tried to balance the law to avoid forcing children onto welfare rolls, says Tom Sasser, chairman of the family-law section of the Florida Bar. It rejected a proposal to allow ex-husbands to recover prior child-support payments. It also rejected a proposal to allow triple damages against deceptive mothers. Instead, the law allows ex-husbands to be released from future payments.

And that, advocates say, opens the door for some ex-husbands to attempt to build a trusting relationship with someone new and perhaps start a family without the burden of a court-imposed financial debt hanging over his new wife and children.

http://www.csmonitor.com/2007/0209/p01s01-usju.htm
Re: She Cheated And He Is Forced To Pay The Price by jekkad: 7:23pm On Jul 01, 2008
i never doubted d story because anything can happen

but y will d judge force a man to take care of d child when he's not d child,haba what kind of nonsense is that,the judge needs to be casterated cos he's thinking wt his damn balls angry
Re: She Cheated And He Is Forced To Pay The Price by CH3COO(m): 7:25pm On Jul 01, 2008
It's parker's fault for trusting his wife. grin grin grin. Did not realize marriage should be built on distrust.
Re: She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 7:25pm On Jul 01, 2008
Don't mind H Cannibal, he doesn't know that he can be played and [b]played [/b]again in America.
Re: She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 7:26pm On Jul 01, 2008
It's parker's fault for trusting his wife.
Is it a sin to trust women again?
Re: She Cheated And He Is Forced To Pay The Price by CH3COO(m): 7:28pm On Jul 01, 2008
RedHotChic:

Is it a sin to trust women again?
Apparently so.  According to the court.  The court has ruled that women cannot be trusted; thus confirming a prejudice I held.
Re: She Cheated And He Is Forced To Pay The Price by Hannibal: 7:36pm On Jul 01, 2008
RedHotChic:

Don't mind H Cannibal, he doesn't know that he can be played and played [/b]again in America.

Hannibal can't be played.
Look at the story very well. . . . .[b]They said that Parker must continue to pay $1,200 a month in child support because he had missed the one-year postdivorce deadline for filing his lawsuit


Trust me, Mr Parker was careless about the whole case. . . . Why would Hannibal wait more than a year to file post-divorce lawsuit??
Re: She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 7:37pm On Jul 01, 2008
Trust me, Mr Parker was careless about the whole case. . . . Why would Hannibal wait more than a year to file post-divorce lawsuit??
Because you may be lousy or you may not have money for the process after the divorce.
Re: She Cheated And He Is Forced To Pay The Price by Mesmerize(f): 7:43pm On Jul 01, 2008
Ft. Lauderdale. . why am I surprised sef, glad am out of there sad

@post
It's not fair period. . maybe the judge was thinking abt the welfare of the child, since the mother does not seem responsible enough. .
Re: She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 8:35pm On Jul 01, 2008

@post

It's not fair period. . maybe the judge was thinking about the welfare of the child, since the mother does not seem responsible enough. .
The vote was 7-0 against the guy, shocked shocked shocked shocked shocked shocked
Re: She Cheated And He Is Forced To Pay The Price by RedHotChic(f): 8:36pm On Jul 01, 2008
Apparently so. According to the court. The court has ruled that women cannot be trusted; thus confirming a prejudice I held.
No court ruled such thing. Stop looking for a reason to excuse your prejudice against women.

(1) (Reply)

Baby Born With Two Faces, Four Eyes, Two Noses, Two Mouths / Help! Remedy For My Uncle's Gambling Addiction / Nigerian Jailed For 90yrs In US For Fathering Kids With Own Daughter

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 38
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.