View Full Version : Not The Father? You Still Owe Child Support, Says Georgia Law
This is just unbelievable...
http://www.wsbtv.com/news/19452002/detail.html
ATLANTA -- Larry Durden, an unemployed mason worker, told Channel 2 Action News reporter Tom Regan that he is being threatened with jail time if he doesn’t continue paying child support for a child he says is not his biological son.
Durden, who says he is the victim of paternity fraud --- the act of falsely naming a man as the biological father of a child, said he assumed the boy was his son for 10 1/2 years.
"I mean, he looked like me. I thought he looked like me," said Durden.
But a few months ago, Durden said he started having doubts, and contacted a DNA testing lab. He took a paternity test and the results took him by surprise.
"It said "0"… he's not mine. So you know, that hurt … it grabbed me," said Durden.
Despite genetic evidence that Durden didn't father the boy, the state is forcing him to continue paying $500 a month in child support. And he's far from alone.
One of every three men who take a paternity test discovers a child they believed was theirs is not.
"They say 25 to 30 percent of all men who get tested find out that they're not the father," said family lawyer Randy Kessler. "That's a high number. Married, non-married, divorced ... that's going on a lot."
The state of Georgia can go after the men for child support and if they don't pay, the state can garnish their wages, revoke their driver's licenses and even put them behind bars.
"When you find out he's not your kid, it hurts because you still love him. But you don't want to pay child support for a kid that ain't yours when you got a family of your own to take care of," said Durden.
Kessler told Regan that he often deals with men who spend years raising a child under the false belief that it's their own.
"If a woman is having an affair, the last thing she wants to do as the child is being born is say, 'Uh, by the way, that baby you're holding in your arms may not be yours,'" said Kessler.
Kessler represented Carnell Smith, who became one of the leaders in the war on paternity fraud.
Smith's battle began with a call from an ex-girlfriend who said he was the father of her baby girl.
"I believed the child was mine, she said the child was mine, and it took me 11 years to find out that was absolutely not the truth," said.
Smith challenged the child support decree, and personally took the case all the way to U.S. Supreme Court.
The high court refused to hear it, but his well-publicized crusade led Georgia to reshape its paternity law.
Ex-husbands and out-of-wedlock fathers can petition to end child support through DNA evidence. But there's a catch.
"If you don't file it exactly as it is written, you don't avail yourself to the relief."
"The law makes it a little easier to quote "get off the hook" for the obligation, but you still have to do it right," said Kessler.
One of the rules requires anyone fighting child support to file a challenge within three months of finding out they are not the biological father. Missing that deadline could hurt their case.
"If you don't do it within 90 days, the court is still allowed to give you relief. It is permissive relief, but it's a case-by-case decision and it's up to the judge."
A judge will hear Durden’s case in June. He hopes to get more sympathy in court than what he's received from the county authorities. They threatened to throw him in jail if he doesn't pay them more than $1,000 in back child support -- for a child that isn't his own.
"I'm falling behind on my bills because I got to pay for a kid that's not even mine. It's crazy."
Kraig
05-14-2009, 09:48 AM
Great, more ways to enslave men and prop up irresponsible lying bitches who can't keep their legs closed.
asimplegirl
05-14-2009, 10:22 AM
That makes me sick.
ChaosControl
05-14-2009, 10:37 AM
Stupid law indeed, but he was dumb not to have a paternity test when the kid was born.
Well he was dumb to sleep with a bitch like that to begin with.
Good advice, keep it in your pants until you're ready to commit.
Stupid law indeed, but he was dumb not to have a paternity test when the kid was born.
Well he was dumb to sleep with a bitch like that to begin with.
Good advice, keep it in your pants until you're ready to commit.
It seems like you are somehow placing the blame on this guy. He is the victim. He was defrauded for 10 1/2 years and now the state wants to force him to continue with an obligation that is not his. He can't even pay his own bills, why should he be forced to pay for someone elses' lack of responsibility? If anything they should track down the real father of the child.
Kraig
05-14-2009, 11:11 AM
Stupid law indeed, but he was dumb not to have a paternity test when the kid was born.
Well he was dumb to sleep with a bitch like that to begin with.
Good advice, keep it in your pants until you're ready to commit.
Keep it in your pants? He wasn't the one who knocked her up FFS, and obviously he was ready to commit! Yeah it's dumb to sleep with a bitch like that but you can't always tell.
This is like being convicted of a crime and sentenced to prison for the rest of your life, and after doing 10 1/2 years incontrovertible evidence emerges that completely exonerates you, yet the state refuses to grant you a new trial.
ChaosControl
05-14-2009, 11:27 AM
You conveniently ignore where I said it was a stupid law.
I'm just saying he was dumb himself as well.
And yes, I agree they should track down the real father.
fisharmor
05-14-2009, 11:44 AM
Stupid law indeed, but he was dumb not to have a paternity test when the kid was born.
Well he was dumb to sleep with a bitch like that to begin with.
Good advice, keep it in your pants until you're ready to commit.
I agree. He was sleeping with her, a child was born, everyone put 2 and 2 together and now he has to pay child support.
There were several easy ways to avoid all of this. Not that I agree with the state either... but if I were him, I wouldn't pay. I'd go to prison before endorsing this abuse.
Kraig
05-14-2009, 11:49 AM
I agree. He was sleeping with her, a child was born, everyone put 2 and 2 together and now he has to pay child support.
There were several easy ways to avoid all of this. Not that I agree with the state either... but if I were him, I wouldn't pay. I'd go to prison before endorsing this abuse.
Easier said than done, I'd like to see you go to prison just for having a relationship and back up what you are saying. This guy is getting fucked plain and simple. Everyone put 2 and 2 together because you don't always assume your woman is a cheating bitch, some women do this for a living you know. There is no way you can know if someone is cheating on you, the only way to be sure to avoid this is to not sleep with anyone.
Kraig
05-14-2009, 11:52 AM
And yes, I agree they should track down the real father.
Why to make him pay too? He probably has no idea he even has a kid. It's not his fault the mother didn't tell him in favor of lying to someone else. The mother should be stuck with the kid or she should put him up for adoption. Her actions and her actions alone caused this, she shouldn't have been sleeping around, yet she is the one getting a cut of someone's paycheck. Completely absurd.
ClayTrainor
05-14-2009, 11:56 AM
Why to make him pay too? He probably has no idea he even has a kid. It's not his fault the mother didn't tell him in favor of lying to someone else. The mother should be stuck with the kid or she should put him up for adoption. Her actions and her actions alone caused this, she shouldn't have been sleeping around, yet she is the one getting a cut of someone's paycheck. Completely absurd.
Well to be fair, it does take 2 people to make a baby.
I'm with you on most of what you've said, but should the Mother be more responsible for the financial obligations of the child, than the ACTUAL father? I'm not so sure. They both caused the pregnancy, not just the mother. It takes 2 to tango.
Women shouldn't get special rights, or be able to take the money from the Dad, but the court should recognize BOTH parents responsibility to the child, financially, imo.
Kraig
05-14-2009, 12:03 PM
Well to be fair, it does take 2 people to make a baby.
I'm with you on most of what you've said, but should the Mother be more responsible for the financial obligations of the child, than the ACTUAL father? I'm not so sure. They both caused the pregnancy, not just the mother. It takes 2 to tango.
Women shouldn't get special rights, or be able to take the money from the Dad, but the court should recognize BOTH parents responsibility to the child, financially, imo.
Yeah but making the baby isn't the problem here, the problem is she got one guy to make a baby and then she lied to the other to get him to take care of it. If she had been honest about it with the real father then yes I would say to some degree he his responsible for taking care of it, but I still don't think child support is right. On the other hand tracking down the real father 10 1/2 years later because she got caught in a lie and forcing him to pay would be very wrong IMO. Not to mention in many states he would be forced to pay back pay for those 10 1/2 years. I think he should know, but he shouldn't be forced to pay.
Child support is really just wrong, it is stealing. If you have a kid and you both want to take care of it, great. If you have a kid and only one wants to take care of it, you better have the means to. If you have a kid and neither wants to and/or has the means to take care of it, you put it up for adoption. How is it ok for both to decide they don't want it, yet if only one decides they don't want it, the other can force them to pay for it anyways??
Everyone seems to agree it is wrong to force the mother to take car of the kid, she should have the option for adoption, yet it is ok for her to force the father to take care of it? Bullshit. That is giving them special rights.
ClayTrainor
05-14-2009, 12:07 PM
On the other hand tracking down the real father 10 1/2 years later because she got caught in a lie and forcing him to pay would be very wrong IMO. Yes, this is very wrong, for sure.
Not to mention in many states he would be forced to pay back pay for those 10 1/2 years. I think he should know, but he shouldn't be forced to pay.
I agree
Child support is really just wrong, it is stealing. If you have a kid and you both want to take care of it, great. If you have a kid and only one wants to take care of it, you better have the means to. If you have a kid and neither wants to and/or has the means to take care of it, you put it up for adoption. How is it ok for both to decide they don't want it, yet if only one decides they don't want it, they other can force them to pay for it anyways??
good points, i've never really thought about this in detail before, thanks!
Kraig
05-14-2009, 12:10 PM
good points, i've never really thought about this in detail before, thanks!
Yeah I've just spent too much time around guys complaining about child support lol.
Well you know, the guy has treated him as his child for 10 years now. Even though he found out he was not biologically his, if he has treated him and loved him like his child, that should not stop. I think it's morally wrong in that case to stop supporting the child. I don't think the court should force him to pay money to the mother, but I think a case could be made that he has in effect adopted the child in a common law sort of way.
Well you know, the guy has treated him as his child for 10 years now. Even though he found out he was not biologically his, if he has treated him and loved him like his child, that should not stop. I think it's morally wrong in that case to stop supporting the child. I don't think the court should force him to pay money to the mother, but I think a case could be made that he has in effect adopted the child in a common law sort of way.
He was lied to and duped into supporting a child that is not his. That is what is morally wrong. His past actions are of no consequence because they were based on deception. If I were him I'd sue the mother for fraud.
dannno
05-14-2009, 12:55 PM
Yeah but making the baby isn't the problem here, the problem is she got one guy to make a baby and then she lied to the other to get him to take care of it. If she had been honest about it with the real father then yes I would say to some degree he his responsible for taking care of it, but I still don't think child support is right.
Keep in mind that the woman doesn't always know whose baby it is either.. Obviously she was sleeping with both guys around the same time, so she was probably hoping that it was the guy who she was with because she didn't want to cause a rift. What if she had told the guy that she thought it would be best to get a paternity test just in case, because she had been sleeping with another guy and made a big mistake, and the test turned up that the guy she was with was actually the father?
Obviously these two aren't together, we don't know the whole situation, just looking at it from her perspective.
Kraig
05-14-2009, 01:11 PM
Keep in mind that the woman doesn't always know whose baby it is either.. Obviously she was sleeping with both guys around the same time, so she was probably hoping that it was the guy who she was with because she didn't want to cause a rift. What if she had told the guy that she thought it would be best to get a paternity test just in case, because she had been sleeping with another guy and made a big mistake, and the test turned up that the guy she was with was actually the father?
Obviously these two aren't together, we don't know the whole situation, just looking at it from her perspective.
Good points but I still think child support is wrong and more so in this case. Certainly in many cases if the parents separate there is a *moral* responsibility to still help each other out when it comes to raising the kids, but there shouldn't be a legal one.
BeFranklin
05-14-2009, 01:17 PM
Article today also said 40% of women are raising children as single mothers, up
25% since 2002.
http://abcnews.go.com/Health/WomensHealth/story?id=7575268&page=1
Kraig
05-14-2009, 01:18 PM
Article today also said 40% of women are raising children as single mothers, up
25% since 2002.
http://abcnews.go.com/Health/WomensHealth/story?id=7575268&page=1
That's what happens when the government invests other people's money.
BeFranklin
05-14-2009, 01:21 PM
That's what happens when the government invests other people's money.
Its a moral problem, but it doesn't help that the court law is helping the immorality because common sense has been thrown out the door.
This is also like the stories that some woman is comitting adultery with another man, and when you get a divorce, your support payments then go to feed him. Really sick stuff.
Kraig
05-14-2009, 01:28 PM
Its a moral problem, but it doesn't help that the court law is helping the immorality because common sense has been thrown out the door.
This is also like the stories that some woman is comitting adultery with another man, and when you get a divorce, your support payments then go to feed him. Really sick stuff.
Yeah there is no accountability on how they spend the money. If I got divorced and had kids I wouldn't at all mind *giving* her money to help raise the kids. However if I did this for awhile and I saw that she was blowing it on herself for stupid crap I sure as hell would stop. That isn't an option with child support.
puppetmaster
05-14-2009, 04:02 PM
OK she must be a bitch to ask for continued support after she found out he was not the father
Yeah I've just spent too much time around guys complaining about child support lol.
devil21
05-14-2009, 04:17 PM
This is nowhere near a new policy or law. It's been like this for many years. The law basically states that if you act as the father (mainly support) prior to learning the paternity of the child, you are still liable for support even if you are not the father. The mother and child has become "accustomed" to a standard of living and relying on your money month after month. Pulling it away suddenly (even if the mother flat out lied on the BC) isn't an option.
The really sad part is that if they were to allow support to be stopped then the mothers would just go and collect gov't benefits where we ALL are paying for it. Can't win.
sharpinla
05-14-2009, 04:33 PM
It seems like you are somehow placing the blame on this guy. He is the victim. He was defrauded for 10 1/2 years and now the state wants to force him to continue with an obligation that is not his. He can't even pay his own bills, why should he be forced to pay for someone elses' lack of responsibility? If anything they should track down the real father of the child.
Very true AND it's not the child's fault at all...sadly.
HOWEVER, he is just as much to blame as the woman. He should have taken birth control measures into his own hands if he didn't want to risk being slammed with child support.
The same thing happened to my brother. There were no less than five men this whore slept with and she provided all the names to the state welfare. They tried to nail it on each one and those who were found took DNA tests which freed them. My brother was out of state and untraceable and he was the sucker who got caught because he couldn't respond to the correspondence because they couldn't find him. By default, they declared him the father.
Of course, he's an idiot anyway and has five or six kids besides this one.
Irresponsible men are just as much to blame for the mess we're in as women who trick/trap men.
idiom
05-14-2009, 06:55 PM
"They say 25 to 30 percent of all men who get tested find out that they're not the father," said family lawyer Randy Kessler. "That's a high number. Married, non-married, divorced ... that's going on a lot."
Cuckold FTW!
He should have questioned it 10 years ago. Now for all intents and purposes he is the kids father. I don't think he should have to send the money to the kid via the mother, but he should be responsible for helping raise and take care of the kid.
Why to make him pay too? He probably has no idea he even has a kid. It's not his fault the mother didn't tell him in favor of lying to someone else. The mother should be stuck with the kid or she should put him up for adoption. Her actions and her actions alone caused this, she shouldn't have been sleeping around, yet she is the one getting a cut of someone's paycheck. Completely absurd.
well also because its important to know who the real father is if only for medical reasons.
i think the law sucks... and i actually know a guy who still has to pay child support on a kid that turned out to not be his... however because he acted as the childs father for 6 years, and the child thought the guy was his dad, and because the real father was not known, he chose to not fight the child support and continues to still see the kid as if nothing had changed..
my question is, is the guy in the OP now denying the child as well? is he wanting to still act as the childs father and get visitation rights for a kid hes been the "father" of for 10 years? or is he saying "oh Im not your dad.... goodbye"
im not sure that will matter at all, but I would think that it would be kind of asshole-ish for him to just drop the kid out of his life after 10 years, I mean the kid is the one who really suffers here right? she not only finds out the guy she thought was her dad really isn't, but that she now doesn't have a dad at all.... thats crap and could damage the kid forever.
so ya, life sucks sometimes and the kids not his, but I think some sort of agreement could be made in order to avoid the child being hurt.
JMO :cool:
klamath
05-14-2009, 07:26 PM
I think someone else hit it on the head. If you accept that it is your kid because you knew you had been sleeping with the mother and never questioned it for ten years, you have by common law accepted (or adopted) that child and he has probably over those ten years signed many government forms stating he was the childs father. (School papers, tax forms etc.)
mrsat_98
05-14-2009, 08:17 PM
Scream FRAUD and charge everyone from the government that is involved with this case with 18 USC 201 and 18 USC 241 and 242 (jailed such as this equals kidnapping and it carries the dealth penalty) END OF STORY
JaylieWoW
05-14-2009, 09:06 PM
Ahhhhh......
This particular cause is actually what led me to LewRockwell.com and Ron Paul.
First of all, I see some of you hitting that "slippery slope" often referred to as the "best interest of the child" standard. This sort of bleeding heart syndrom plays upon your emotions thus allowing you to toss reason and justice out the window. It has allowed the family court system authority to tear families completely asunder.
Before you accept this "common law" adoption as having any validity ask yourself this where will it end and how many others have/will be affected by allowing such a perversion of justice to stand.
This man should absolutely be relieved from paying support to the mother. Further, if he still wants to continue his relationship with the child he should be allowed to.
Actually this may turn out to be more fair if he were also allowed additional visitation, thus reducing the expense to the mother to help make up for the loss in direct child support payments.
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