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Biggest bonings in court history

I am confused's picture
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Before you think the Courts will do what "should" be done, or what's "right", check out these two stories... both happened to friends of mine.

1. Guy is having trouble with his wife. He has an 18 month old. He catches her cheating. They split up when the kid is two. She moves in with the guy with whom she's having the affair. Buddy is ordered to pay child support. 18% of his pretax income. A year later baby needs an operation. Odd blood type. Daddy gives blood. Wait, not a match. Huh? Yup. Turns out the kid is actually the biological child of the person with whom the now-ex-wife was having an affair, WITH WHOM the now-ex-wife is currently living. Guy goes back to court. Seems tho that neither BM nor BD make much in the way of money and the court in Texas decides the guy has to continue paying child support to BM and BD, for his non-Biochild, because his name is on the birth certificate. That was 3 years ago. He has 13 years of support left to pay.

Madness.

2. Buddy of mine gets cheated on by wife and best friend. She gets custody. She also gets child support. Ex-wife and former best friend get married. Buddy moves from Arizona to Texas. Sees the kids somewhat regularly due to fat income and ability to fly them out here. Youngest son, 11, is a problem child and Mom sends him to live with Dad. Older child, 14, is a peach, never a problem.

Well, fast forward to two months ago. Oldest turns 18, youngest (now 15) lives here in Texas. Dad figures his child support is OVER.

Wait... Arizona doesn't recognize Texas' jurisdiction in saying that youngest lives here and Dad owes no child support. Arizona says "she has legal custody whether he's 'staying with you' or not, and the divorce was here and we don't care what Texas says" and my buddy is stuck paying support to a woman who has NEITHER OF HIS KIDS IN HER HOUSEHOLD!!!!

It doesn't always go the way it should...

I am confused's picture

Actually in Texas they counsel the SHIT out of men before they let them sign the birth certificate. They basically tell you that this kid might not be yours and if you sign the birth certificate you're hosed no matter what. Scary proposition...

I am confused's picture

I'm in complete agreement. That way there's no pressure for the man to have to ask his wife/gf for a test. It's legally mandated. An employee of mine recently got asked if he wanted one when he was signing the birth certificate with his GF, and he said no. He didn't want the backlash of asking for one. I'm still not sure that kid is his. Doesn't look a thing like him. If it were the law it would save a lot of heartache and a lot of trouble in the future.

violetforest's picture

This and other issues of the court not following through with outcomes and results of evaluations and therapist make me sick. I feel for this, I don't have a problem with my H paying child support but when the ex is found in contempt for not following the court order on 3 seperate occassions and because she stated (without providing proof of the household income in court to the judge) that she doesn't make enough to live on to pay the GAL fees in the case and attorney expenses that we have added up almost 5000.00. The judge orders my H to pay the GAL fees even though he found her in contempt. NO wonder she has not stopped interferring with visitation yet. She has no reason to.

Don't feel sorry for the court being so backed up, if they would follow up on these cases they wouldnt be so busy.

cyberwoman's picture

Unflipping believable! :jawdrop: Can't he get her in Civil Court for fraud, or some type of a tort suit?

I am confused's picture

Just to answer some questions:

On case one the guy was told that when you sign the birth certificate in Texas you are assuming responsibility for the child. Even a lawyer told him "good luck with that". He ain't getting out of it.

On the second case he's going to continue paying because technically she has custody though the kid has lived here for four years. She could jerk him back any moment. My buddy wants his kid. Basically it's payola to keep her from snatching his kid. The one trick is that now that the kid is over 14 in Texas he can tell the court he wants to live here and Arizona can shove it, but we aren't sure if my buddy would have to pay a ton to fly back and forth and fight the state of Arizona. He's just considering it buying his son back and he's gotten to the point that he's basically okay with it. Sad.

The first guy is bitter as hell though Wink

SusiQ's picture

Live in Texas and when my DH was signing the birth certificate for our son, they made sure he understood that once he was on it, DS was his regardless. I was sitting there with my mouth wide open. Not that there was any doubt who his father was but could you imagine how some young kid would react to that?

Crazy!

I am confused's picture

Yeah it's nuts isn't it? They basically tell you that you're hosed if you sign it. They should make paternity tests mandatory and then you can go into it with your eyes WIDE open...

japanspring's picture

When his son was born 3 years ago, my husband’s name was not even on the birth certificate. His son’s mother was pissed off with him over nothing. You have to remember, this woman is bipolar and does whatever her sick mind tells her. Ok, couple of months later (when the baby was about 4 months), she has decided out of the blue to put my husband’s name on the birth certificate. When they were fighting for the custody, my husband asked for a DNA test and she refused saying …“Do you doubt that your child is yours?” And my husband said…”Well, I want to make sure.”
When my husband got the child back, over a year and a half ago, he went to a lab and had a test done. The test came out positive. The kid is his. But the stupid bitch hasn’t even thought that my husband could do it. She is so stupid, rotten stupid!!!

Anon2009's picture

My heart goes out to those guys and the kids involved. What a sad situation to be in.