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Man who didn't father twins must pay child support

WTF is wrong with our justice system?!?!?

Bold phrases are emphasis of my own

http://www.theglobeandmail.com/serv...y/National/home

quote:

KIRK MAKIN From Thursday's Globe and Mail January 7, 2009 at 7:14 PM EST A Toronto man is on the hook to pay child support, notwithstanding a DNA test that proved he is not the biological father of his ex-wife's twins, an Ontario Superior Court judge has ruled. Madam Justice Katherine van Rensburg ordered Pasqualino Cornelio to continue paying child support to the 16-year-old twins � regardless of whether he was bamboozled by a philandering wife. �While the failure of Anciolina Cornelio to disclose to her husband the fact that she had an extramarital affair � and that the twins might not be his biological children � may have been a moral wrong against Mr. Cornelio, it is a wrong that does not afford him a legal remedy to recover child support he has already paid, and that does not permit him to stop paying child support,� Judge van Rensburg said. Mr. Cornelio began making support payments soon after he separated from his wife in 1998. He had the DNA test after his former spouse recently sought an increase in the payments and a reduction in his time with the twins. Upon learning that he was not the biological father, Mr. Cornelio claimed to be a victim of misrepresentation or fraud. He asked to be excused from paying child support and demanded reimbursement of tens of thousands of dollars he has paid over the years. Ms. Cornelio was unable to shed light on the mystery of the twins' parentage. �Ms. Cornelio denies knowledge of who the twins' biological father might be,� Judge van Rensburg said. �In fact, she claims to have no memory of an extramarital affair preceding their birth, which she attributes to the medication she was taking at the time.� The judge noted that Mr. 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 Ms. 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. �Mr. 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. �The fact of that relationship � even if it has now become strained � is sufficient to require Mr. Cornelio to continue to contribute toward the children's material needs.� Child support, Judge van Rensburg said, is the right of a child even if a parent behaves poorly, �whether it be delay in pursuing support, an attempt to contract out of support, or the failure to disclose an extramarital affair that may have led to the conception of the child.� 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 Mr. 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.�

Man gets fucked around (literally) and now he's on the ropes for more.


I feel for this dude.


Lesson for all you men with kids. Get your kids DNA tested after they are born in case your woman was cheating on you and you're going to divorce in the future


/bitter

Re: Man who didn't father twins must pay child support

quote:

Originally posted by Yohan I feel for this dude.

yup, and the kids too:

1. may never know biological father
2. the father they have known will probably resent them
3. they will probably resent their mother for 1. and 2.

what a bitch

feel worse for the kids then the father.

i don't think the dude should have to continue paying, but i don't think he should have any sort of claim to get back what he has already paid.




either way.. this is a really grey area.

Keep in mind, the legal system is for the best interest of the children. It may not always be fair for either sexes, but it's for the greater good. Rather than a case of injustice on their kids' dad (which he is, but not the father), it's a greater injustice the mother is scott-free.

The marriage ended when the kids were six, so this man has acted as their father throughout their childhood. Biology doesn't matter, he is, in effect, their adoptive parent. He should pay child support. What kind of Dad says to his kids that all of the love, and affection, and the bond that he had with them is suddenly gone, after sixteen years, because of a DNA test?

Notice the double slap in the face? She wants more money and for the "undad" to spend less time with the kids. She's really out for the best interests of her kids. Gotta love this chick. Wow. Kick me in the balls and call me Sue. And she doesn't remember the supreme banging Tony gave her...way to go Tony, made a lasting impression.
I'd leave the country.

But yeah, I agree, he's their "father". Gotta pay for Tony's sixteen year old walking, talking, load of spunk.

In many many cases, particularly in custodial disputes, the rule to put the best interests of the children first works. Unfortunately this guy just got the short end of the stick.

lol @ the wife though, she can't remember having sex with someone else because of medication.

All rights to any form of support from one person to the other should end immediately with proof of infidelity. The antiquated laws surrounding familial dissolution need some serious reworking.

What a skank...


Poor guy

quote:

Originally posted by love_child The marriage ended when the kids were six, so this man has acted as their father throughout their childhood. Biology doesn't matter, he is, in effect, their adoptive parent. He should pay child support. What kind of Dad says to his kids that all of the love, and affection, and the bond that he had with them is suddenly gone, after sixteen years, because of a DNA test?

Being a father figure is not a mandatory job

No man or woman should be stuck being a parent, in case such as this

Man is forced into this situation because of lying and cheating wife. As much as it sucks for the kids, I really dont understand why the man must have his money taken away to support kids that he probably no longer feels responsible for.

Esp. since he is put into situation where he's not really a father figure, but more of a cash cow

Don't have kids. Ever.

quote:

Originally posted by DJ_Elyot Don't have kids. Ever.

Taking your parents advice?

quote:

Originally posted by Capo di tutti Taking your parents advice?

LOL, if I were them, I wouldn't have had any. Theirs were mostly accidents.

quote:

Originally posted by DJ_Elyot LOL, if I were them, I wouldn't have had any. Theirs were mostly accidents.

Got ya...The old "you should have been a blowjob talk"

quote:

Originally posted by Capo di tutti Got ya...The old "you should have been a blowjob talk"

*shrug*

My Mom was a pretty good Mom, though. But plenty of people can be good at that. Me... well, probably my talents would be better put to use saving the world than growing new humans for the next generation.

i feel for the dude...

i've heard some real messed up stories of men being totally screwed over...men and women should be treated equally in the family courts..in many cases this does not happen..

He should have the right to stop paying, but cannot get his money back. He was the father, for those years while they were growing up.... Then the wife needs to persue child support from the real father....

quote:

Originally posted by The Ear All rights to any form of support from one person to the other should end immediately with proof of infidelity. The antiquated laws surrounding familial dissolution need some serious reworking.

apparently infidelity is not good enough grounds for a divorce nowadays so...

why am i getting so worked up over this? lol

Get drunk, run her down, do 2-4 years, no child support, end of problem.










Just kidding but the bitch deserves it. Not the kids however.

im not sure you can argue this decision is in the best interest of the children. I cant imagine growing up with a mother like this would be good for a child's psyche.

quote:

Originally posted by Dave Akermanis im not sure you can argue this decision is in the best interest of the children. I cant imagine growing up with a mother like this would be good for a child's psyche.

Nobody is questioning that this was the right move for the kids, but they are upset about where the money comes from. It should come from the rightful father, not somebody who was tricked into fatherhood.

This is especially stupid because the mother is clearly trying to limit his ability to be a father, while saying he is monetarily responsible. So she has no problem with him being involved as long he is just a paycheck. She should not be able to have it both ways. If you want to raise the kids on your own, then do so, with all your own resources.

I know it would suck for the kids, but fuck that is life.

quote:

Originally posted by Orko I know it would suck for the kids, but fuck that is life.

Next time I punch someone in the face Im gonna say "Hey thats life"

In the words from Goldigger by Kanye West ...

18 years, 18 years
She got one of yo kids got you for 18 years
I know somebody payin child support for one of his kids
His baby momma car, crib is bigger than his
You will see him on TV Any Given Sunday
Win the Superbowl and drive off in a Hyundai
She was spose to buy ya shorty tyco with ya money yeah.
She went to the doctor got lipo with ya money
She walkin around lookin like Michael with ya money
Shoulda got that insured, GEICO for ya moneeey(your money)
If you aint no punk holla We Want Prenupt
WE WANT PRENUPT!, Yeaah
It's something that you need to have
Cause when she leave yo ass she gone leave with half
18 years, 18 years
And on the 18th birthday he found out it wasn't his


What a mess

I think its quite clear from the judge that legally he is responsible for support, but from an ethical/moral standpoint he is not, or it is questionable.

And I suppose by that logic he could choose not to pay support, but be legally obliged to do so.

I don't personally see anything wrong with being a deadbeat dad if they aren't even your kids. The guy should have skipped town before this.

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