Imagine paying child support for kids thats not yours!!

@j47lee (740)
Canada
January 8, 2009 7:14pm CST
Poor guy... his wife had an affair during their marriage... and she had twins... and after they seperated.. he have to keep paying child support even though the kids were not his..... wierd.... pity him.... www.thestar.com/news/gta/article/563571
2 people like this
8 responses
@rusty2rusty (6751)
• Defiance, Ohio
9 Jan 09
"In making her recent ruling, the judge referred to a 1999 Supreme Court of Canada decision that said if someone acts as a parent and provides support for a child during a marriage, they are obliged to continue that financial support after separation or divorce -- even if the child is not biologically theirs. the judge pointed out that Mr. Cornelio knew at the time of separation that his wife had an extramarital affair with someone named Tony, who may have fathered the twins -- but he sought joint custody regardless. He only began pursuing the issue after Ms. Cornelio began seeking increased child-support payments, the judge noted. "The fact of that relationship, which continued for six years before separation and then for 10 years after separation, even if it has now become strained, is sufficient to require Mr. Cornelio to continue to contribute toward the children's material needs," Judge van Rensburg wrote." Okay I understand the judges ruling. The man did it to himself. That decided okay I am not going to support these kids after 16 yrs. What a heartleass man. I don't think it was an unfair ruling at all. The man knew his wife had an affair. But never sought DNA testing. Instead he fought for partical custody. The ex wife never went for child support payments til the man tried to take custody of the twins. Why after this long does he now decide okay I am done. They are not my kids? That is plain heartless in my opinion. For all those saying the ruling was unfair, place yourself in the twins shoes. be raised and taken care of for 16 yrs by someone you thought was your father. Only to one day he claims he is not your father and wants nothing to do with ya. Don't you think that will mess with someone emotionally?
1 person likes this
• Defiance, Ohio
14 Jan 09
bellaofchaos, I think people are not reading the whole article before making a comment. I have seen this happen alot here on MyLot recently. Who knows, it may have been going on for a long time. But I have recently noticed it. "What are these peoples opinions on couples that go through artificial insemination of a sperm donor because the husband can't father a child. Then when they have marital problems and they divorce does that give him the freedom to say I'm not biologically that child's father so I don't have to pay." That is a very good question you asked. I do hope you do pose it as a discussion here on MyLot if you haven't already. I think it should bring alot of debate. j47lee I agree. They will grow up messed up. I can see they will have to get counseling for years. Or just become so numb and not allowing anyone in their to really care. Either way it is messed up.
1 person likes this
• United States
9 Jan 09
I agree with you totally .. I just think that people get caught up in the fact that they are not his biologically as stated being a sperm donor does not constitute parentage. What are these peoples opinions on couples that go through artificial insemination of a sperm donor because the husband can't father a child. Then when they have marital problems and they divorce does that give him the freedom to say I'm not biologically that childs father so I don't have to pay. Oh no it doesn't.
@j47lee (740)
• Canada
9 Jan 09
I guess the kids will grow up messed up.. especially as they are in their teens... and their will feel emotionally unstabled.... as it their parents are divorced... the kids tend to be insecure... now with their dad refusing to acknowledge them as his kids.... u can imagine how they will grow up...... thats two reasons to grow up messed up... poor kids...
@bellaofchaos (11538)
• United States
9 Jan 09
You're probably going to try and put me on a pike when I say I agree with the judge. The ex husband did not have knowledge prior and treated them as his children up until she wanted an increase and limited his time with them. If she would have kept things as they were he would have never asked for that DNA test and would have never found out. But here is the thing He was the only father the kids have ever known and he was active in their life never questioning the paternity until money was a factor!! Also there is an indication that the wife was on a medication that cause some memory lose and I'm sorry to say that in the states that any child produced during a marraige is always assumed as the husbands. In the state of Pennsylvania if you are seperated from your husband and then find yourself pregnant the husband has to allow the true father of the child to claim him. Because the husband can choose to take responsibility or not for that child born during a seperation. I have been married for 11-12 yrs know and have been seperated legally for ten years and with my Boyfriend for almost 8 years. I have two beautiful daughters from this relationship and I have to jump through several hoops to make sure that my ex has no claim to them. What is a real pitty here is that the twins who have always have had a dad now do not because he thought hey lets delay the raising of the child support and because it takes months to schedule a hearing and then they have to schedule the DNA testing and so on and so forth so while he was trying a delay tactic he found out they truly weren't his and then now the kids are suffering if you are going to be there father for over 10yrs with out questioning their parentage do not start doing it then. I feel bad for the kids I could care less about the two adults involved .. Harsh of me yes but you have to understand that being an adult is taking responsibility for all your actions and the ex husband was a father to the kids for most of their life he took responsibilty up to the point it suited him. Now if the mother truly remembers the affair and is blaming that she doesn't remember due to meds that she took then shame on her because in my opinion they are both to blame for this unfortunate issue that these two innocent children who didn't ask to be brought into this world now have to face.
1 person likes this
• United States
9 Jan 09
I do agree that the poor kids are the victims here but the mother should've thought of that before she went around spreading her legs... The mother is to blame for the problem, not the husband. How is he to blame if he didn't know?? I just don't understand your logic on that. The only reason he probably even did a DNA test in the 1st place is because his lawyer advised him to... as is customary in a divorce these days (my aunt is a lawyer/judge). Would you want to pay for children that weren't yours?? I highly doubt it. I think he should have visitation rights to the children so he can still be there for them as a father emotionally since he is the one who's been raising them thus far, but I also believe that the biological father should be the one paying the child support. And you're right, as an adult you have to take responsibility for your actions so therefore the mother should have to seek out and find the real father... and if she can't, then it's her problem.
• Philippines
9 Jan 09
This may be your opinion because you are a mother and not a father. Betrayal is a awful feeling, its worst finding out your raising kids that is not yours. A mother would never go thru this, because whatever happens the child would always be hers. No mother would say that the child that came out of her isn't hers. So its different for a man. For a man having a child of your own is the fulfillment of all your dreams. You work, you provide for your family. Took it away and there's almost nothing left but your dignity. I would agree at the point you raise that he was the father to them all their life. But the support that would come from him must be his choice and not the judge. If he truly loves the kids then let the financial support be his choice. And what about the real father? He just got a girl pregnant and that's it. No consequence for his action? He should go to jail and be punish for the affair.
• Defiance, Ohio
9 Jan 09
I just wanted to add. The man did know his wife had an affair. He fought for custody of the twins knowing they might not his. Right there is why the judge ruled for him to pay child support. You can't support children for 16 yrs and all of sudden say i don't want to do it anymore. That man has a responsiblity and obligation to fill.
1 person likes this
• United States
9 Jan 09
Pity him? Are you serious? I think it is the poor children who need the pity. How would you feel as a child being cared for and supported for 16 years of your life by a man who acted like your father and whom you thought was your father, and then all of a sudden because your mother feels he should have to pay more for your support (because, let's face it, teenagers are expensive), your dad of 16 years decides you might not be his and wants a paternity test. Then when it comes out that you aren't in fact his he can just toss all of the responsibilities, obligations, and feelings he has had towards these children for well over a decade because of MONEY! I agree with the judge. The man had years to ask for paternity. He didn't have to fight for visitation along with the divorce. He certainly could have asked for the paternity test at the time of divorce before ever agreeing to pay a penny of support to these kids. But no, he waits and continues to spend time with these kids, and pay for their support and ONLY WHEN MORE MONEY was involved did it become an issue for him. It is a sad sad world and an even sadder person who believes that love for ones child is equal to the amount of money they must pay for supporting them. Don't get me wrong. I am not siding with the atrocious behavior of the mother in all of this. I am only on the side of the children. Because what it all boils down to is that these children lived their entire lives with this man being "dad". DNA doesn't change that after 16 years. It would have been different if they were younger, or this guy never ever supported them after the divorce or the paternity was established long before this. Pity him because his wife was unfaithful, fine. But don't pity him because he has been ordered by a court to do the very thing he has been doing for the past 16 years of his life.
• United States
9 Jan 09
AS always great minds think alike. I couldn't have put it better.
@jonesy123 (3948)
• United States
9 Jan 09
I have to wonder why he suddenly started to question whether or not those children are his. I mean they are now sixteen and he just started wondering about it? Furthermore, would he have the tests done, if the mother wouldn't have asked for more money? It's not the first case that a guy has to pay knowing he is not the father. Some don't show up for the DNA tests or other court stuff and then the verdict automatically is in favor of the mother. That stuff is difficult to get overturned. In this case it's a bit odd that he has to continue to pay. I don't think he could ask for the money back though unless he finds the actual father and get it from him. That seems to be impossible here. I suppose the judge was thinking that his name is on the birth certificate, for sixteen years he was the father for the kids, not challenging it at all. He probably wouldn't have challenged it, if the ex wouldn't have asked for more money. Before the kids, who only knew him as a father, would be without a penny of support and a burden to the state, he should continue to pay up. Odd, but a valid ruling. I have to tell you there are even fathers out there, who remain married to the woman, knowing quite well the child is not theirs because they have been told so by the wife or found out by themselves (some don't even confront the wife and just pretend as if they are not in the know). They raise those children as their own probably even doing a better job than the actual father might have done. It's not the sperm donation that makes you a real father, it's the fact that you raise the child as yours.
• United States
9 Jan 09
Jonesy123, I have to agree with you and your points. I really think that he would have never questioned it if there wasn't a raise asked for in support. Sad but true.
@j47lee (740)
• Canada
9 Jan 09
well said.. just a sperm donation doesnt make you a father..... a father is someone who brings you up.. changed your diapers... scolded you when you're naughty..... and someone for the kids to look up to .. and to know that he's always there for you no matter what.... he should have been given a choice.. to chose whether to give child support or not.... I knew a cousin of mine who was adopted... he met his biological mother...and he dont consider her as his mother.. he called her aunt... so its always not the person who gave birth to you that matters............ but the person who brought you up...
@Valenas (1507)
• United States
9 Jan 09
I am going to pull a statement from the text to elaborate upon. "But after Anciolina asked for an increase in payments and a reduction in the time he spent with the children..." As a judge, I probably would not have awarded either of them directly what they were demanding. If she wanted to decrease the time he spent with the children, but demand more money, she is being unfair. If time is reduced, his payments should be reduced. On the other hand, I don't see how he could expect to have child support removed. That's almost like saying, "Because you're not biologically my child, I don't love you anymore." I know that I am taking it far out of context, but wouldn't you feel that way if a man who you have called "Dad" for SIXTEEN years decides to stop supporting you because it turns out that, through no fault of your own, you are not, by DNA, his child? Also, I may have overlooked this, but I don't believe the article mentioned whether or not the judge actually reduced his time with the children or increased his fees.
• Defiance, Ohio
9 Jan 09
"If time is reduced, his payments should be reduced." I disagree. Support is never based on how much time someone spends witha child. It should never be based on that. Otherwise, there would be no way to force these deadbeats parent sto support their children.
• United States
9 Jan 09
The article does not mention at all wether the time was reduced or support increased so you didn't miss it. And I agree with you .
• United States
9 Jan 09
Let me add that I'm don't agree with if the time is reduced the support should be reduced. reason I disagree is it still takes money to raise that child and the only reason a court would agree to a reduce in time is only if it benefits the child there might be things going on that you don't know about.
@LadyMarissa (12148)
• United States
9 Jan 09
I had friends that got married. She was divorced & had a child. He had never been married. He accepted that child as his own. The biological dad never visited. Eventually they divorced & she went back to her first husband. The courts made the second husband pay child support for a child living with his biological dad. He felt extremely screwed. I tried explaining to him that he was MORE a Dad to that child than the biological dad ever was going to be. Well, before it was all over with, the child was a teenager & he shot & killed his biological dad because he wanted to go back to the only Dad he had ever known & the biological dad said some terrible things about the step Dad & refused to let the child go. During all this, the second husband was paying child support for his step son to live with his "real" dad. Then he paid the court costs to get his son out of jail for wanting to come home to him. The mother married a 3rd husband & the son lived with the 2nd husband.
18 Jan 09
He shouldnt have the birth certificate. Cuz if he didnt they cant force him to pay child support for children that arent his, i would be darned if i would pay for someone elses children. If they were not mine i wouldnt pay if the court ordered it send me to jail. What are they gonna do keep me in jail for the rest of my life it would be unconstitutional to do so. So why should men pay for children that arent theres unless agree to take care of them then they should pay but if they dont agree then they dont get anything from me straight up Period.
• United States
9 Jan 09
I think it's pathetic than a man should have to pay for a child that is not his... I also think that the women who have affairs and don't tell the husbands/boyfriends that there's a possibility the child isn't theirs, should be convicted of paternity fraud. Why are these women getting the help they need from someone who's not responsible? I also think it's pathetic that these women have no problem/remorse for making a man pay for a child that's not his because if the shoe were on the other foot, she'd be throwing a hissy fit. It's completely stupid... The man who got her pregnant should be the one paying, no matter if they were married or not. The system lets women get away with crap like this and that's why there are so many women/kids living off the government. If there was a law against it where women were punished for paternity fraud, this situation would happen A LOT less... This is exactly why I totally agree with the law that is trying to get passed that makes it manditory that every child born has to have a paternity test done at the hospital before it leaves whether the parents are married or not. I hope it goes through... I think the only women who don't agree with it are the one's who have something to hide. I never hide anything from my husband, therefore I have no problem.
@j47lee (740)
• Canada
9 Jan 09
wow .. thank you for both of your comments... yea.... its the childrent hat suffer the most... and why do people always blame the medications or consider themselves mentally disabled when they are caught doing something wrong... maybe the real father of the twins should be made to pay child support too... all three should contribute for the bringing up of the twins.. the mother, the real father and the poor husband.... but dont you think he will have feelings for the kids too.. when he's been looking after them for so long.. i know i would if i brought up some kids...