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TN: Court Forces Man to Support Child That Isn't His
http://www.myfoxmemphis.com/myfox/pa...Y&pageId=3.2.1
By Bernard Watson MEMPHIS, Tenn. (WHBQ FOX13 myfoxmemphis.com) -- A Memphis man is forced to pay child support for a child that's not his has suffered a legal setback. Even though DNA tests prove the man is not the father of a nine-year-old child, Wednesday he learned he'll have to continue paying until he can convince the court he shouldn't have to. Henry Madkins said it seems so simple. He's not the biological father of the girl, so he shouldn't have to pay her mother child support. But he said when he walked into court, he found out that when you're dealing with juvenile court, nothing is simple. "It's just not right," said Madkins. Once again Madkins walked away from juvenile court a frustrated man. "I'm disappointed with the court," he said. A judge said that for the time being, he will have to continue to pay child support for a little girl who is not his. "The DNA says zero possibility of being the father, but yet he's going to rule I am the father," said Madkins. For nine years Madkins thought the child was his, but now that tests prove otherwise he says he shouldn't have to pay. But a court appointed attorney for the little girl said it's not that simple. "It would seem logical that you could separate it like that, but the court will never do that," said attorney Don Handly, when asked why the court couldn't stop support payments, but mandate that Madkins be involved with the girl's life. "You are either the child's father or you are not." Madkins was hoping for a ruling Wednesday, but a judge ruled he'll have to continue paying while waiting for his next court date in August. It's the next step in what's shaping up to be a long court battle. "It's taking a lot of money out of my pocket, 500 bucks a month when you're just giving it away," said Madkins. "I'm sure the state got it. I don't have it." "Unfortunately, this happens everyday. It's a really sad thing," said Handly. A judge ruled that because he didn't contest the paternity of the child nine years ago, the court considers him the father regardless of the DNA tests. Meanwhile, Madkins says the court should go after the child's real dad and make him pay child support. But he said he believes that won't happen because it's too easy to take his money and the court system won't spend the time or money finding the real father. Henry Madkins is due back in court in August. |
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TN: Court Forces Man to Support Child That Isn't His
"John Meyer" wrote in message . .. wrote: http://www.myfoxmemphis.com/myfox/pa...Y&pageId=3.2.1 By Bernard Watson MEMPHIS, Tenn. (WHBQ FOX13 myfoxmemphis.com) -- A Memphis man is forced to pay child support for a child that's not his has suffered a legal setback. Even though DNA tests prove the man is not the father of a nine-year-old child, Wednesday he learned he'll have to continue paying until he can convince the court he shouldn't have to. Henry Madkins said it seems so simple. He's not the biological father of the girl, so he shouldn't have to pay her mother child support. But he said when he walked into court, he found out that when you're dealing with juvenile court, nothing is simple. "It's just not right," said Madkins. Once again Madkins walked away from juvenile court a frustrated man. "I'm disappointed with the court," he said. A judge said that for the time being, he will have to continue to pay child support for a little girl who is not his. "The DNA says zero possibility of being the father, but yet he's going to rule I am the father," said Madkins. For nine years Madkins thought the child was his, but now that tests prove otherwise he says he shouldn't have to pay. But a court appointed attorney for the little girl said it's not that simple. "It would seem logical that you could separate it like that, but the court will never do that," said attorney Don Handly, when asked why the court couldn't stop support payments, but mandate that Madkins be involved with the girl's life. "You are either the child's father or you are not." Madkins was hoping for a ruling Wednesday, but a judge ruled he'll have to continue paying while waiting for his next court date in August. It's the next step in what's shaping up to be a long court battle. "It's taking a lot of money out of my pocket, 500 bucks a month when you're just giving it away," said Madkins. "I'm sure the state got it. I don't have it." "Unfortunately, this happens everyday. It's a really sad thing," said Handly. A judge ruled that because he didn't contest the paternity of the child nine years ago, the court considers him the father regardless of the DNA tests. Meanwhile, Madkins says the court should go after the child's real dad and make him pay child support. But he said he believes that won't happen because it's too easy to take his money and the court system won't spend the time or money finding the real father. Henry Madkins is due back in court in August. Another sad indication of our society, but it has to be said to every man out there. As soon as the woman says she's pregnant, before you pass out the cigars pass out the swabs. She may be as honest as the day is long (and I still believe that most people are honest), but the price you risk is way too much. In most states a man could SUE the mother in court and get a verdict to pay back all support that she recieved, unfortunatly it does not mean the support will stop being owed until the original order is changed but it just means she will have to pay it back as it is recieved.. sort of a pain in the ass but it can be done. a man needs to sue on the basis of Fraud. This is sepperate from the actual child support case. |
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TN: Court Forces Man to Support Child That Isn't His
http://www.myfoxmemphis.com/myfox/pa...tentId=3551218...
By Bernard Watson MEMPHIS, Tenn. (WHBQ FOX13 myfoxmemphis.com) -- A Memphis man is forced to pay child support for a child that's not his has suffered a legal setback. Even though DNA tests prove the man is not the father of a nine-year-old child, Wednesday he learned he'll have to continue paying until he can convince the court he shouldn't have to. Henry Madkins said it seems so simple. He's not the biological father of the girl, so he shouldn't have to pay her mother child support. But he said when he walked into court, he found out that when you're dealing with juvenile court, nothing is simple. "It's just not right," said Madkins. Once again Madkins walked away from juvenile court a frustrated man. "I'm disappointed with the court," he said. A judge said that for the time being, he will have to continue to pay child support for a little girl who is not his. "The DNA says zero possibility of being the father, but yet he's going to rule I am the father," said Madkins. For nine years Madkins thought the child was his, but now that tests prove otherwise he says he shouldn't have to pay. But a court appointed attorney for the little girl said it's not that simple. "It would seem logical that you could separate it like that, but the court will never do that," said attorney Don Handly, when asked why the court couldn't stop support payments, but mandate that Madkins be involved with the girl's life. "You are either the child's father or you are not." Madkins was hoping for a ruling Wednesday, but a judge ruled he'll have to continue paying while waiting for his next court date in August. It's the next step in what's shaping up to be a long court battle. "It's taking a lot of money out of my pocket, 500 bucks a month when you're just giving it away," said Madkins. "I'm sure the state got it. I don't have it." "Unfortunately, this happens everyday. It's a really sad thing," said Handly. A judge ruled that because he didn't contest the paternity of the child nine years ago, the court considers him the father regardless of the DNA tests. Meanwhile, Madkins says the court should go after the child's real dad and make him pay child support. But he said he believes that won't happen because it's too easy to take his money and the court system won't spend the time or money finding the real father. Henry Madkins is due back in court in August. Another sad indication of our society, but it has to be said to every man out there. As soon as the woman says she's pregnant, before you pass out the cigars pass out the swabs. She may be as honest as the day is long (and I still believe that most people are honest), but the price you risk is way too much. In most states a man could SUE the mother in court and get a verdict to pay back all support that she recieved, unfortunatly it does not mean the support will stop being owed until the original order is changed but it just means she will have to pay it back as it is recieved.. sort of a pain in the ass but it can be done. a man needs to sue on the basis of Fraud. This is sepperate from the actual child support case. Iowa had a case where the man was forced to pay even though he legally questioned paternity early on, and DNA proved he was not the father. The Iowa high court ruled he had to pay because it was in the best interest of the child. Part of the paternity puzzle is a bit like the old "common law marriage" thing where if you both present yourselves to friends and associates as married, after several years, you ARE by virtue of the fact you presented yourselves that way for years. If a man functions as Dad for years and then finds out she got pregnant by somebody else, he can't escape the legal obligations. Somebody studied paternity a few years ago in England and found that even in families where there are several kids and everybody thinks the Dad is the biological father, the DNA shows that something like 25% of all kids were NOT fathered by their accepted father. When parents joke about the one kid who was the "milk man's kid" it's not so far from the truth. Is it possible this is why our legal system is against "upsetting the apple cart" as far as paternity goes? By the way, this is not the only arena where "best interests of the child" has become overblown and a threat to people's basic Constitutional rights. The Child Protection INDUSTRY has twisted and defined the meaning of that phrase to justify a whole host of abuses of Families and in that sense even the children themselves. That industry is so devious they even formed groups like "Child Rights" which actually works against parents and serves as a "spoiler" group suing states for more services. (Handy for the UNION labor insiders to have their jobs funded.) They also have connections to a group of whackos against all forms of spanking, and even a group out to give young teen agers full rights to vote, be emancipated, use liquor, etc. This has turned out to be embarassing for the "social worker types" and their industry because of other supporters of emancipation. Apparently more emancipated minors and more minors with self determination would help child molesters take advantage of them. Groups like NAMBLA eagerly support more emancipation. The "best interests of the child" imperative has been twisted so bad that it is even being used to justify actions that are the exact opposite of what it says. |
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