March 29, 2020, 12:17:29 AM

Author Topic: Forced to pay child support, and he is not even the father!  (Read 939 times)

0 Members and 1 Guest are viewing this topic.

Offline ZANDOLIE

  • Hero Warrior
  • *****
  • Posts: 4259
    • View Profile
Forced to pay child support, and he is not even the father!
« on: January 14, 2009, 02:25:08 PM »
Family court to men - 'Just shut up and pay'

There is perhaps no area of law in which logic is so distorted as family law. Men are seen as only two things: deadbeats or moneybags.

Consider the case of Pasqualino Cornelio.

Mr. Cornelio is a Toronto man who was ordered before Christmas to continue paying child support to his ex-wife, even after it was proven the couple’s twin girls were fathered by another man with whom the former Mrs. Cornelio had had an extramarital affair while the couple was still together.

Madame Justice Katherine van Rensburg of the Ontario Superior Court ruled that Mrs. Cornelio had wronged her ex-husband by lying about the paternity of the twins she had borne 16 years ago. But, “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.”

Justice van Rensburg explained that in 1999 the Supreme Court decided family law cases should be decided in the best interests of the children. “The right to child support is the right of a child, and is independent of a parent’s own conduct.”

Apparently, even when the “father” isn’t really the father his conduct doesn’t matter. All that matters is a man has been found who can write cheques so a woman is spared the financial hardship of living with the consequences of her actions or the irritation of trying to find the real father and make him pay.

Conveniently, the former Mrs. Cornelio claims she doesn’t remember having an affair because of some medication she was taking at the time.

As with almost all family law cases, the Cornelios’ is not entirely cut and dry. Mr. Cornelio did apply for joint custody of the twins in 2002, even though he had had suspicions about their parentage for years. He wanted to be their father then, but now that he wants to be done with his financial obligation to their mother, he’s trying to disavow this earlier emotional commitment.

Still, all along he has had little choice about his obligations to the twins — obligations that, initially, at least, were based on a falsehood. And now a court is telling him he has no choice at all, even though the initial lie has been exposed.

Some in agreement with Justice van Rensburg’s decision have said Mr. Cornelio should not complain. Biology is not as essential to family formation as it once was. Surrogacy and adoption have led to all sort of non-traditional family arrangements. In 2006, an Ontario lesbian was even permitted to list her partner as the other parent on her child’s birth certificate, even though the other women could not possibly have been the other biological parent.

All of which is true, but entirely besides the point. In each of those other non-traditional arrangements, all the partners had a choice to accept family obligations, or not.

Mr. Cornelio is being press-ganged by a judge into funding his arrangement. Imagine the hew and cry if he had fathered children out of wedlock and the courts were now forcing his ex-wife to pay support to the mother of those children.

Harold Niman, an expert in family law at the Toronto law firm Niman Zemans Gelgoot, told the National Post on Friday, “Should [Mrs. Cornelio] be accountable? Not in the sense of losing child support, because child support is for the benefit of the children.”

The fact that support is a desirable benefit for children does not entitle them to receive it from just any man. Their mother has an obligation to seek it, first and foremost, from the man with whom she conceived them. They, together, were the ones who brought the girls into the world, and they, together, are the ones obligated to underwrite their stay here.

Mr. Cornelio has discharged his humanitarian obligations to the girls and his former spouse by paying for the twins’ upbringing, even though he was not their real father, while he and his ex were together — and for 10 years since.

I would argue that on a personal level Mr. Cornelio still needs to provide the twins emotional and financial support for as long as he desires a familial connection with them.

But personal obligations are voluntary. They should not be enforceable at law. And in Mr. Cornelio’s case, he should be free to stop maintaining another man’s children whenever he chooses, even if that makes him a heel.



Admittedly the article does not present in a substantive way the views of the ruling judge, but oh God man, that is pressure!
« Last Edit: January 14, 2009, 02:29:27 PM by ZANDOLIE »
Sacred cows make the best hamburger

Offline capodetutticapi

  • Hero Warrior
  • *****
  • Posts: 10937
  • veni vidi vici
    • View Profile
Re: Forced to pay child support, and he is not even the father!
« Reply #1 on: January 14, 2009, 03:01:40 PM »
he really mindin other man chirren.
soon ah go b ah lean mean bulling machine.

Offline Daft Trini

  • Hero Warrior
  • *****
  • Posts: 3822
    • View Profile
Re: Forced to pay child support, and he is not even the father!
« Reply #2 on: January 14, 2009, 03:10:18 PM »
that is so fkuk up... :bringiton:

truetrini

  • Guest
Re: Forced to pay child support, and he is not even the father!
« Reply #3 on: January 14, 2009, 05:43:11 PM »
What f**ked up?  de man raise de chirren like he own...he is a c**t.   He filed for joint custody, he hurt, ah understand, but dem is he chiren.  he is a nasty f**ker that is why he get horn in he arse..karma.

After 16 years he could jes stop taking care ah dem chirren?

steups.

If he file for custody and get it..joint or odderwise what is he case?

Offline Disgruntled_Trini

  • Hero Warrior
  • *****
  • Posts: 4053
    • View Profile
Re: Forced to pay child support, and he is not even the father!
« Reply #4 on: January 14, 2009, 06:03:04 PM »
Some men on another forum I am on was talking about that the other day.

Apparently in certain states in the US there is a bastardization law, which in essence mean that yuh wife could horn yuh and she could go to court and a judgle will make yuh pay.

I for one have real bad mind, and I feel I would rather make ah jail than pay to mind ah next mind child for 18 years, much less do it with twins. 



Més que un club.

Offline Disgruntled_Trini

  • Hero Warrior
  • *****
  • Posts: 4053
    • View Profile
Re: Forced to pay child support, and he is not even the father!
« Reply #5 on: January 18, 2009, 11:32:39 AM »
<a href="http://www.youtube.com/v/OEdC6HBm0us" target="_blank" class="new_win">http://www.youtube.com/v/OEdC6HBm0us</a>


Més que un club.