well your not the daddy, but you gotta pay child support

[b-man]

i find this hard to believe......

'Dad' Ordered To Continue Paying Child Support After Finding Out Kids Aren't His
Thursday January 8, 2009
CityNews.ca Staff

Not long after Pasqualino Cornelio got married, he was thrilled to learn his wife was pregnant with twins. The two babies were born healthy and have since grown into 16-year-old teenagers who have suddenly found themselves at the centre of a bizarre court case that's sparked controversy across Ontario.

It started back in 1998 when the marriage of their parents unraveled and the couple separated in a bitter break-up. Cornelio has been making child support payments ever since. But when his estranged wife recently demanded more money for their upkeep and cut back on his visitation time with them, an angry Cornelio decided to take drastic measures.

He got a DNA test and discovered to his surprise that the twins weren't really his. Instead, they were the result of an affair his wife had while they were together, one he never knew about.

Those test results led Cornelio to get a lawyer and try to put an end to the payments and get his money back, arguing that he wasn't the biological father and therefore shouldn't be paying the freight for someone else's children.

But an Ontario Superior Court judge has ruled that, despite his wife's infidelity, he still has a duty to support the kids because he's the only father they've ever known.

In effect, Justice Katherine van Rensburg is siding not with the parents, but the children, who would be victimized by a stoppage in payments from the man they consider to be their dad.

"The right to child support is the right of a child, and is independent of a parent's own conduct." she stated. "(This man) was the only father the twins knew during the course of the marriage."

Why can't the real father step up to the payment table? Cornelio's wife claims she has no memory of having any affair and has no idea who the actual dad might be.

The case has now led to a huge controversy across the province, with many wondering if a man should be forced to support someone else's offspring in the face of such deception.

"I think it's a good ruling," states family law specialist Brahm Siegel. "I think it's a clear recognition (that) the utmost importance in determining cases like this, is the relationship between the child and the non-biological father, not so much whose D.N.A. is lodged in a child's cells."

But the director of a father's rights group thinks the wife's deception should be penalized

"Any time that you have a fraud committed, there should be something to be done to correct it. You don't just say, 'Well that's fine you committed a fraud, congratulations,' there's no consequence," said Brian Jenkins of Fathers Are Capable Too.

 

[cichlaguapote]

Yeah I would have made her pay...

 

[arkmann]

Ouch!!!

I especially don't get this statement:

"The right to child support is the right of a child, and is independent of a parent's own conduct."

The man is being forced by the court to make payments eventhough the kids are not his?

 

[cichlid2006]

i find that hard to believe that a judge would rule that way. he has no legal obligation to the kids whether or not he is the only father they have known. he hasnt adopted them, isnt a court appointed guardian (as far as i know only happens in abuse cases) and isnt the biological dad.
no way is a judge gonna make a guy pay for kids that aint his after the wife had an affair. if he did rule that way based on whats mentioned in the article then the judge needs removed from his position or your crazy US laws need amended lol.
the statement by the group spokesperson is right. she committed fraud by getting money out of him by deception. she should go to jail for that.
of course my opinion is based on what would likely happen the UK.

 

[DolphinRyan]

I read this story alittle while back somewhere else. It's absolutely ridiculous.

 

[ettfettbranamn]

wow.. did someone say hitman?

 

[trashcan]

Ontario Superior Court, in Canada. But I'm sure there are plenty of radical judges who would rule the same way in the US.

i find that hard to believe that a judge would rule that way. he has no legal obligation to the kids whether or not he is the only father they have known. he hasnt adopted them, isnt a court appointed guardian (as far as i know only happens in abuse cases) and isnt the biological dad.
no way is a judge gonna make a guy pay for kids that aint his after the wife had an affair. if he did rule that way based on whats mentioned in the article then the judge needs removed from his position or your crazy US laws need amended lol.
the statement by the group spokesperson is right. she committed fraud by getting money out of him by deception. she should go to jail for that.
of course my opinion is based on what would likely happen the UK.

 

[CichlidAddict]

if he did rule that way based on whats mentioned in the article then the judge needs removed from his position or your crazy US laws need amended lol.

This is in Ontario, not the US.

I think the ruling is total BS. The woman is basically denying the affair happened despite the proof against her. By ruling that the guy must keep paying the judge basically lets her off scott-free.
Absurd.

 

[Nic]

i would demand to the judge that the kids get X amount$$ i choose.... flat out face it guys if you raised those girls for 16 years you really are there dad... dna test or no dna test

 

[krichardson]

i would demand to the judge that the kids get X amount$$ i choose.... flat out face it guys if you raised those girls for 16 years you really are there dad... dna test or no dna test

Good point,it's his moral not legal duty.I say he should now have to pay minimum and the harlot definately has no claim in what she should receive.This man has had to eat tuna and Ramen noodles because his wife let another man rub her rhubarb.