Thus, suggesting the the courts should determine a mother’s intent to commit fraud is irrelevant on two levels. One, the fact that the law looks at both parties without regard to who is at fault or more/most at fault. Two, family law is civil court and not criminal court and her intent is irrelevant to the supposed “interest of the child.”
So coming along and pretending that the court should divine the mother’s intent when she listed single father on birth certificate, when she knows the father could be different people, is not going to happen. Furthermore, if she knows that more than one man could be the father, and doesn’t reveal that to the “good” man, that, in and of itself implies that she is being deceitful and dishonest, at least to me. But from your posts, I’d gather all she’d have to say is “I thought so-and-so was the father” and that would be good enough for you. I don’t buy this for a second in nearly all cases, you on the other hand appear to be very receptive to this game of “bait and switch” that has been allowed to go on for far to long in this country.
I can summarize who family laws works in one statement: “It is setup to punish those who act/behave responsibly and reward those who act irresponsibly.”
I do understand all that, I am a lawyer after all. Admittedly, not involve din family law.
But your commentary is misplaced. Everything you say is valid, but has nothing much to do with child support, which is what I was addressing.
Thus, suggesting the the courts should determine a mothers intent to commit fraud is irrelevant on two levels. One, the fact that the law looks at both parties without regard to who is at fault or more/most at fault. Two, family law is civil court and not criminal court and her intent is irrelevant to the supposed interest of the child.
It was the other Freepers who raised fraud, I never did. I was just responding to their embracing of finding fraud relevant in this case, and noting that fraud necessitates the intent to defraud, which isn't necessarily the case in these situations. I agree, fault doesn't matter in divorce law, but that insight is best saved to those who raised the issue in the first place, not me. Your commentary isn't wrong, but it's misplaced.