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Duped Dads concept



 
 
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  #1  
Old March 24th 06, 12:51 AM posted to alt.child-support
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Default Duped Dads concept


I'm curious... What if a married woman, whose husband earns maybe $20K
per year, has an affair with a "fabulously wealthy" gentleman who earns
over $100K.

There is a pregnancy, she gives birth, her husband is legally (in
many/most states) the "father".

Later, she divorces her husband and gets that standard custody and CS
arrangement. But she knows her ex isn't the father, and she could get a
lot more cash from the bio dad. The state knows this too.

Is there any way for her to insist that ex-hubby be let off the hook so
she can pursue biodad? Surely the state would be in favor of this if it
meant more federal incentive money, yes?

- Ron ^*^

  #2  
Old March 24th 06, 01:41 AM posted to alt.child-support
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Default Duped Dads concept

"Werebat" wrote in message
news:0wGUf.518$t22.59@dukeread08...

I'm curious... What if a married woman, whose husband earns maybe $20K
per year, has an affair with a "fabulously wealthy" gentleman who earns
over $100K.

There is a pregnancy, she gives birth, her husband is legally (in
many/most states) the "father".

Later, she divorces her husband and gets that standard custody and CS
arrangement. But she knows her ex isn't the father, and she could get a
lot more cash from the bio dad. The state knows this too.

Is there any way for her to insist that ex-hubby be let off the hook so
she can pursue biodad? Surely the state would be in favor of this if it
meant more federal incentive money, yes?

- Ron ^*^


Interesting idea. Being the optimistic sob that I am.. I'd have to say that
the state would keep the non-bio dad on the hook until such time as the
state can land bio dad in family court and slam him with C$ and a huge
arrears. Of course, non-bio dad will have to take the state to court, fight
them for a few more years, then they "might" let him go before he reaches
his 80's and just can't produce for them and longer...


  #3  
Old March 24th 06, 04:08 AM posted to alt.child-support
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Default Duped Dads concept



Dusty wrote:
"Werebat" wrote in message
news:0wGUf.518$t22.59@dukeread08...

I'm curious... What if a married woman, whose husband earns maybe $20K
per year, has an affair with a "fabulously wealthy" gentleman who earns
over $100K.

There is a pregnancy, she gives birth, her husband is legally (in
many/most states) the "father".

Later, she divorces her husband and gets that standard custody and CS
arrangement. But she knows her ex isn't the father, and she could get a
lot more cash from the bio dad. The state knows this too.

Is there any way for her to insist that ex-hubby be let off the hook so
she can pursue biodad? Surely the state would be in favor of this if it
meant more federal incentive money, yes?

- Ron ^*^



Interesting idea. Being the optimistic sob that I am.. I'd have to say that
the state would keep the non-bio dad on the hook until such time as the
state can land bio dad in family court and slam him with C$ and a huge
arrears. Of course, non-bio dad will have to take the state to court, fight
them for a few more years, then they "might" let him go before he reaches
his 80's and just can't produce for them and longer...


Oh, sure. I only ask because it seems that state policy seems to be
that hubby is the de facto father, even if he can prove otherwise, but
this seems to usually involve cases where the biodad is either a bum or
in the good graces of the mother.

I'd be curious to see if the state backtracked on its own policy if the
mother squawked and the state realized that there was more money to be
had in pursuing biodad.

- Ron ^*^

  #4  
Old March 24th 06, 06:53 PM posted to alt.child-support
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Posts: n/a
Default Duped Dads concept


"Werebat" wrote in message
news:0wGUf.518$t22.59@dukeread08...

I'm curious... What if a married woman, whose husband earns maybe $20K
per year, has an affair with a "fabulously wealthy" gentleman who earns
over $100K.

There is a pregnancy, she gives birth, her husband is legally (in
many/most states) the "father".

Later, she divorces her husband and gets that standard custody and CS
arrangement. But she knows her ex isn't the father, and she could get a
lot more cash from the bio dad. The state knows this too.

Is there any way for her to insist that ex-hubby be let off the hook so
she can pursue biodad? Surely the state would be in favor of this if it
meant more federal incentive money, yes?


In Oregon the law says the married man who is not sterile is "conclusively
presumed" to be the bio-father at the time of divorce. There are provisions
for modifying all terms in a decree at a later date and the ability to
challenge established paternity for up to a year, so case law may allow a
secondary challenge.


  #5  
Old March 24th 06, 09:36 PM posted to alt.child-support
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Posts: n/a
Default Duped Dads concept



Bob Whiteside wrote:
"Werebat" wrote in message
news:0wGUf.518$t22.59@dukeread08...

I'm curious... What if a married woman, whose husband earns maybe $20K
per year, has an affair with a "fabulously wealthy" gentleman who earns
over $100K.

There is a pregnancy, she gives birth, her husband is legally (in
many/most states) the "father".

Later, she divorces her husband and gets that standard custody and CS
arrangement. But she knows her ex isn't the father, and she could get a
lot more cash from the bio dad. The state knows this too.

Is there any way for her to insist that ex-hubby be let off the hook so
she can pursue biodad? Surely the state would be in favor of this if it
meant more federal incentive money, yes?



In Oregon the law says the married man who is not sterile is "conclusively
presumed" to be the bio-father at the time of divorce. There are provisions
for modifying all terms in a decree at a later date and the ability to
challenge established paternity for up to a year, so case law may allow a
secondary challenge.


Right, right, that's what the law SAYS... I'm wondering if the state
might find a way around its own rule if it comes to pass that biodad
earns ten or more times what the ex-hubby does and the mommy insists
that biodad is responsible for payment, not ex-hubby.

Seems to me the state would have every reason to pursue biodad in that
case. Rules, schmules, the state has to power to do what it wants.

- Ron ^*^

  #6  
Old March 25th 06, 10:30 PM posted to alt.child-support
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Posts: n/a
Default Duped Dads concept


Werebat wrote:
Bob Whiteside wrote:
"Werebat" wrote in message
news:0wGUf.518$t22.59@dukeread08...

I'm curious... What if a married woman, whose husband earns maybe $20K
per year, has an affair with a "fabulously wealthy" gentleman who earns
over $100K.

There is a pregnancy, she gives birth, her husband is legally (in
many/most states) the "father".

Later, she divorces her husband and gets that standard custody and CS
arrangement. But she knows her ex isn't the father, and she could get a
lot more cash from the bio dad. The state knows this too.

Is there any way for her to insist that ex-hubby be let off the hook so
she can pursue biodad? Surely the state would be in favor of this if it
meant more federal incentive money, yes?



In Oregon the law says the married man who is not sterile is "conclusively
presumed" to be the bio-father at the time of divorce. There are provisions
for modifying all terms in a decree at a later date and the ability to
challenge established paternity for up to a year, so case law may allow a
secondary challenge.


Right, right, that's what the law SAYS... I'm wondering if the state
might find a way around its own rule if it comes to pass that biodad
earns ten or more times what the ex-hubby does and the mommy insists
that biodad is responsible for payment, not ex-hubby.

Seems to me the state would have every reason to pursue biodad in that
case. Rules, schmules, the state has to power to do what it wants.

- Ron ^*^


My guess is that, if there was not a statute in place, just the
"conclusive presumption," the state would look that wonderful, fluffy,
ever-wavering, subjective, indeterminable standard of the "best
interests of the child." The trial court would rule against biodad and
let ex-hubbie off the hook. If it was an appellate case, it would reach
the same result, with either an affirmation without opinion, or, in
states that allow this, an unpublished opinion. (This way, the ruling
does not set precedence.)

Maybe I am just cynical, but the more family law I read, the more I see
the courts just siding with mommy. Take some of the move-away
jurisprudence. Anything to justify allowing the move, folks. The move
is not "in the best interest of the child?" CHANGE THE STANDARD AND
CHOOSE TO FOCUS ON THE MOTHER'S "RIGHTS." They would never do this for
a father. In lots of the case that do go "our" way, it is an NCP mom
challenging.

NCP's need a planned litigation strategy (like the ACLU or other
groups) to help us get favorable precedent. NCP mom's should always be
the plaintiff if possible.

 




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