He counter sued, won full custody of HIS child and told her to beat it.
I like a good ending.
Posted on 04/05/2006 8:14:34 AM PDT by FreeManDC
Laws that protect the fairer sex from rape, domestic violence, and sexual harassment all rest on a simple assumption: women who claim to be victims are almost always telling the truth. Maybe it’s time to revisit that belief.
Three weeks ago the National Center for Men filed a lawsuit on behalf of Matt Dubay, 25, who claims his girlfriend repeatedly assured him that she was unable to get pregnant. When she later bore a child, the state of Michigan went after Mr. Dubay for child support.
That’s what people used to call entrapment.
But chivalrous pundits rose to defend the honor of this damsel in distress, dubbing Mr. Dubay a “sexual predator,” “deadbeat dad,” and – horrors! -- a “weasel.” And if you happen to believe that men should be shouldered with the responsibilities and women enjoy all the rights, their criticisms certainly ring true.
Recently That's Life! magazine polled 5,000 women and asked them if they would lie to get pregnant. Two-fifths of the women – 42% to be exact – said “yes,” according to NCM’s Kingsley Morse.
Yikes!
But that was just a hypothetical survey. Women would never stick it to a man they actually knew. Or would they?
Consider the paternity scam. Here’s how it works:
Find any dim-witted man to get you pregnant. Then look up the name of some unsuspecting Joe who’s got a steady job – it doesn’t matter that you never met the poor bloke. Put his name on the baby’s birth certificate.
Now cross your fingers and hope the man is out of town when the sheriff delivers the papers. In California, such default judgments account for 70% of paternity decisions, according to a 2003 study by the Urban Institute.
Or defraud one of your previous boyfriends, assuming he’s a good breadwinner, of course. That’s what happened to Carnell Smith of Georgia, who willingly assumed financial responsibility for a child, shelling out more than $40,000 in child support over an 11-year period. But when the mother went to court to up the payments, Smith requested genetic testing. That’s when he learned, to his great surprise, that he wasn’t the girl’s father.
Stung by the injustice, Mr. Smith founded Citizens Against Paternity Fraud, [http://paternityfraud.com/pf_fight_back.html] a group that works to protect men from being cheated by these modern-day Welfare Queens.
Last year Michael Gilding, sociology professor at Swinburne University in Australia, reviewed studies from around the world, and concluded that 1-3% of children were fathered by someone other than the man who believes he’s the daddy.
Let’s run the math. Four million children are born in the United States each year. Using the mid-range 2% figure, that means 80,000 men become victims of paternity fraud.
Yikes again!
Ready for the next scam?
This one involves false allegations of domestic violence. Each year, one million restraining orders are issued that serve to evict a person – usually a man -- from his own home.
Restraining orders have become so commonplace that family lawyers refer to them as silver bullets, slam-dunks, or simply, “divorce planning.” It has been estimated that one-third of those orders are requested as a legal ploy in the middle of a divorce proceeding. Not only are the orders easy to get, in many states a restraining order automatically bans a father from gaining joint custody of his children. [www.mediaradar.org/docs/VAWA-Threat-to-Families.pdf]
So the restraining order granted on the flimsy grounds that he caused “emotional distress” becomes the woman’s meal ticket to many years of child support payments. Prosecutors never go after persons who commit perjury, anyway.
And state welfare agencies don’t get upset either, because the federal Office for Child Support Enforcement reimburses 66% of the costs of states’ child support enforcement activities. Think of it as a bounty payment for deleting daddies.
So let’s see . . . 42% of women admit they would lie to get pregnant. Each year 80,000 non-biological fathers become victims of paternity fraud. And about 300,000 restraining orders are issued in the middle of a divorce.
Assume a father so defrauded finds himself on the hook for $250 a month for each of his children. Over an 18-year period, that comes out to a cushy $54,000, all legally-enforceable, tax-free, and no strings attached.
In the past the American legal system was guided by the rule, “No person shall benefit from their own wrong-doing.” But now, hundreds of thousands of women replace that dictum with the self-indulgent excuse: “Get while the getting is good.”
If you get paid a weekly salary the state knows what you make that way -- they have access to your tax info and bank info without needing a court order.
But otherwise they will go by what the woman put on the form.
Letting them get a default is the stupidest thing you will ever do, after fathering a child you don't want.
My husband's child support case is also in Texas and his ex tried this same crap. The attorney generals office will not take proof of payment, it must be presented in court.
This was less than 2 years ago, I doubt things have changed since then.
Look at the original article that started this thread. The courts mailed a copy of the order to an address the person never lived at then gave personal service to a "Jane Doe" saying it was his sister. He doesn't have a sister.
California got slammed under RICO for doing this over and over and over again. Many men never responded because the only notification they received was a garnishment on their paychecks.
Now, a guy who is served but doesn't bother to show up is one thing, someone who the state can not prove was ever served, that's totally different.
You're both disgusting, but obviously made for each other.
Anything she spends over and above what she would spend on herself if she didn't have kids is considered "child support."
Like, does she live in a place with two bedrooms instead of one? Drive a four door car instead of a two-seater?
I've never sat down to calculate what I've spent over the years on my own kids but we live in a four bedroom house instead of a one bedroom apartment, I drive a minivan instead of a two-door coupe. Not to mention food, clothing, groceries, utilities, health insurance, books, toys, games, movies, school lunches, school supplies, food and health care for their dog, etc., etc., etc. Just the shoes alone!
Don't you have visitation? What does it cost when they visit you?
Look, the law gives you the right to go to court and say "I never lived there, I don't even have a sister."
The judgment can be voided but you have to actually get off your rear end and do something.
If you don't bother -- well, what is wrong with you?
How could they "illegally" garnish his wages for a whopping 1000 a month? I assume he is making mucho dineros then? Isn't there some kind of DNA testing that is 100% foolproof?
did you bother to read the case>?!?!?! He did that, he proved he wasn't the father via paternity tests, he proved he hadn't been served the State of California said oh well, YOU PAY...
This went to Fed court and it took the Feds to stop California from doing this...
Why is it even in the AG's office? It should have been taken care of at the agency level.
The agency will take proof that the payments have been made.
http://www.oag.state.tx.us/child/faq.shtml
He counter sued, won full custody of HIS child and told her to beat it.
I like a good ending.
Sorry, but I don't accept the facts as related by a non-lawyer.
Reason being, I've been practicing family law for almost 20 years.
I hear all kinds of stories but 9 times out of 10 (99 times out of 100, really) the people telling the stories don't understand what happened.
What was your income from last year?
How much can we expect from you?
How long will you continue to make payments?
I doubt very much he was able to make her "beat it."
It's really very simple.
If you keep your pants zipped, you won't ever have to pay child support.
Oh but the story gets better. She got busted for drugs before AND after all this happened. So yes he was able to tell her to beat it.
Hey, not only did I not get any child support (he was supposed to pay $30 a week for 2 children ($15 ea for the mathematically challenged) but I got to make the car payments and he got the car. On the other hand my wonderful, responsible husband that I found the second time around got to pay alimony and child support in such gracious amounts that my working full time did not keep up with the outgo to his ex-wife and children. But it was worth it for both of us, at least we found each other and we have been the responsible one's in all our children's lives.
The only way to completely deny visitation is to have parental rights terminated.
But it's possible to make the interactions so painful that the non-custodial parent would rather not exercise visitation rights.
Nothing to be proud of, except in Jerry Springer Land.
And what truth would you be referring to?
That sounds familiar. I hope someone who was wrongly convicted doesn't draw that judge. The judge would tell him well, since you've already served 11 years, you might as well serve another 12 years.
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