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Man who didn't father twins must pay child support
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| Yohan |
WTF is wrong with our justice system?!?!?
Bold phrases are emphasis of my own
http://www.theglobeandmail.com/serv...y/National/home
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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 ed 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 |
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| chico |
| quote: | Originally posted by Yohan
I feel for this dude.
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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 |
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| activate |
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. |
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| Abercrombie |
| 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. |
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| 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? |
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| misterpink |
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. |
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| misterpink |
| But yeah, I agree, he's their "father". Gotta pay for Tony's sixteen year old walking, talking, load of spunk. |
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| Skipper |
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. |
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| 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. |
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| Capo di tutti |
What a skank...
Poor guy |
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| Yohan |
| 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 |
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| DJ_Elyot |
| Don't have kids. Ever. |
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