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Title: Houston Man Forced To Pay Child Support For Child That DNA Proves Isn’t His
Source: JEFF MCSHAN / KHOU 11 News
URL Source: http://www.khou.com/home/Houston-ma ... proves-isnt-his-124472429.html
Published: Jun 27, 2011
Author: JEFF MCSHAN / KHOU 11 News
Post Date: 2011-06-27 12:27:34 by Brian S
Keywords: None
Views: 9127
Comments: 26

HOUSTON -- A new state law says men no longer have to make child support payments if they discover the child is not theirs, but a Houston man says he still has to pay.

Ray Thomas contacted KHOU 11 News saying he is frustrated because he owes more than $50,000, even though he is not the child’s father.

“They've been taking money out of my income tax -- taking my money and I haven't been able to pay my bills,” Thomas said.

Thomas claims he's a victim of mistaken paternity.

He said, in 1986 a woman he was dating had a baby and told Thomas it was his. In fact, he thought so too until the little girl's hair started to turn red. Thomas said he went to court numerous times trying to clear things up, but said the judge wouldn't hear it.

That's because up until this month, reversing a mistaken paternity case had been nearly impossible.

“It had been an issue because it's not fair,” said Cheryl Alsandor, a family law attorney. “On one hand, a DNA can clear a defendant of a crime years later, but it didn’t seem to be fair that it couldn't clear a man of paternity.”

But times are changing.

This year, the Texas Legislature unanimously voted to change the law. It is already on the books. DNA proof can reverse parental rights.

“And now with the passing of this law, a man who is not the father can now sort of be free of that title and the proper man can be put into place to establish that relationship,” she said.

But we learned the new legislation will not help Thomas because his case is old and the courts are looking not backward, but forward.

And the attorney general's office confirmed for us that Thomas still must pay $52,000 in back child support -- $13,000 of that is interest.

Thomas is being billed even though he and his suspected daughter paid $450 for their own DNA test.

“And it said zero percent the daddy,” Thomas said.

Thomas took the DNA results to court but the judge wouldn't accept it, he said.

“I don’t understand the judge can just give you a baby that ain’t yours and don’t try to try you, and I don’t understand it,” he said.

He said he doesn't understand how the state of Texas can still take part of every one of his paychecks.

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Begin Trace Mode for Comment # 24.

#1. To: Brian S (#0)

Isn't that the whole LiberalCommunist playbook in a single action? Paying for someone else's responsibility?

Rudgear  posted on  2011-06-27   12:34:01 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Rudgear (#1)

http://www.child-support-collections.com/paternity-faq.html

9. What if don't think I'm the father but the mother insists that I am?

Assuming you were not married at the time the child was born, the mother, child, or government can sue to establish paternity. Refusing to appear in court after being served for a paternity hearing may cause the court to declare you to be the father of the child and order you to pay child support.

Godwinson  posted on  2011-06-27   12:40:49 ET  Reply   Untrace   Trace   Private Reply  


#3. To: Godwinson (#2)

I realize reading comprehension gets in the way of ideology, but what about the DNA evidence, Destro?

Rudgear  posted on  2011-06-27   12:42:48 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Rudgear (#3) (Edited)

but what about the DNA evidence

He took on the role of father - he is stuck with it until he is 18. That is the law - the court does what is best for the child not the selfish parent. Moral of the story, douchebags is take the DNA test first before you play the role of daddy.

Sort of like the American base at Gitmo. Cuba cashed one rent check - the year the revolution took place and the USA says that is all the justification it needs to continue the American presence there - even though Cuba claims it cashed the check in error.

Same policy applies to child dependency.

By the way, these are laws passed by right wingers all about Jesus and the family and punishing people for having sex out of wedlock I imagine.

Godwinson  posted on  2011-06-27   12:56:01 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Godwinson (#6)

So what? Have your beloved police state get the biological father to pay for his child's upbringing. Or better yet, raise the child himself with its mother as a family. You are so predictable, Destro.

Rudgear  posted on  2011-06-27   12:59:15 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Rudgear (#7)

http://divorce.clementlaw.com/child-support/non-biological-father-liable-for-child-support/

Non Biological Father Liable for Child Support

Robert Ambrogi in his Law.com Network Blog details the case of a man who learned during his divorce, that he was not the father of a child born during the marriage. Notwithstanding the fact that he was not the child’s biological father, he was ordered to pay child support.

. . . .through a DNA test 16 months after his divorce, Richard Parker learned that someone else had fathered the 3-year-old boy. Facing court-ordered child-support payments of $1,200 a month for 15 years, he immediately turned to the courts, claiming fraud by his wife. His case took him all the way to the Florida Supreme Court, which issued its decision in February in Parker v. Parker. Williams tells what happened:

"The Florida justices ruled 7-0 against Richard Parker. The Court ruled Parker must continue to pay $1,200 a month in child support. Parker's child support payments will total more than $200,000 over 15 years to support another man's child. Unfortunately, however, Florida has a one-year statute of limitations to prove fraud after a divorce, and Parker didn't file in time."

So, what would happen if this was a New York case? The man would be responsible for child support. A recent line of cases provide that where a “father,” who acknowledged or in any way accepted paternity of a child he later learns was not his, will be equitably estopped from denying paternity for child support purposes.

While this may lead to unfair cases for the “wronged” father, the underlying policy is intended to protect the psychological and emotional well-being of the child. Certainly, the child would be devastated if he/she is disavowed by his “parent.”

Godwinson  posted on  2011-06-27   13:05:21 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Godwinson (#8)

Your responses get bigger and bigger. Column inches don't impress me. The truth requires a brief statement. Your lies require endless justification, Destro.

Rudgear  posted on  2011-06-27   13:07:20 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Rudgear (#9) (Edited)

We all know Americans are cockholds that are beaten by their women. Saudi Arabians laugh at you wussies.

Godwinson  posted on  2011-06-27   13:09:07 ET  Reply   Untrace   Trace   Private Reply  


#24. To: Godwinson (#11)

We all know Americans are cockholds that are beaten by their women. Saudi Arabians laugh at you wussies.

Muslims are actually pretty lucky that they aren't extinct.... If it weren't for the aliens that helped the Egyptians build the pyramids they would be.... You see the aliens had to teach them what women were for, they didn't know... They thought reproduction was accomplished by making love to something with 4 legs instead of 2 legs!!!!

Cockholds... isn't that something you do while walking down the street in the hood???

CZ82  posted on  2011-06-27   18:19:28 ET  Reply   Untrace   Trace   Private Reply  


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