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Mistress Sues 9/11 Widow For More Child Benefits
WNBC Television ^ | 5/27/2004 | Puppage

Posted on 05/27/2004 10:48:37 AM PDT by Puppage

NEWARK, N.J. -- The mistress of a Port Authority officer who died in the attack on the World Trade Center is suing his widow, seeking a greater share of benefits for a child from their affair.

Officer Liam Callahan, 44, died on Sept. 11, 2001, leaving behind a wife, Joan, and four children in Rockaway Township. They would have celebrated their 20th wedding anniversary the next day.

He also left a girlfriend, Kimberly Diaz, who had just become pregnant.

Joan Callahan did not know about the affair, her lawyer said. But when a paternity test confirmed that Liam Diaz Callahan was her husband's child, she included him when applying for benefits from the government's compensation fund, according to court records.

Records show the fund would pay about $1 million on the request, with each child getting about $145,000, but Diaz claims her son should get more. The widow opposes the effort.

Diaz lawyer James Dronzek told The Star-Ledger of Newark the argument is based on how the proposed award was calculated.

The compensation fund valued Mrs. Callahan claim at $3.26 million, based on her husband's age and potential earnings. That was offset by $2.2 million the family received from life insurance and pension benefits.

Dronzek said Liam Diaz Callahan may be due some of the offsets, or may be due child support. The child does receive Social Security survivor benefits.

Callahan, a 22-year police veteran, earned about $67,000 a year, the Port Authority of New York and New Jersey said.

Diaz, 36, said she met Callahan while she worked as a Port Authority communications agent at the Journal Square PATH station in Jersey City, and they become romantically involved in March 1999.


TOPICS: Crime/Corruption; Culture/Society; Unclassified
KEYWORDS: 911families; lawsuit
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To: sandbar

Acording to an August 2002 Sidney Herald article, there is an older son that Officer Callahan was paying Ms. Diaz $200 a week in support. They had been having this affair since 1999.


41 posted on 05/27/2004 11:47:38 AM PDT by wordsofearnest (As a matter of fact I like beer.)
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To: Mamzelle; johnfrink
"I don't know the legal basis, but it sure isn't the first time I've seen a child born out of wedlock somehow sporting his sperm-donor's legal name."

Actually his mother can call him anything she wants, just as you or I could change our names to anything we want. It doesn't constitute any legal advantage to share last name with the presumed father.
42 posted on 05/27/2004 11:48:04 AM PDT by monday
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To: monday
So, we could name our kids Vanderbilt if we wanted? Why keep one's family name at all, when it comes down to it, just pick out any old last name that appeals to the caprice of the moment...

If I wanted to legally change my name, it'd take a little more than the will to do so.

Makes little sense. Why couldn't any woman with a paternity claim name her kid after the defending male, whether he did the "fathering", or not? It gives her quite a moral advantage until the DNA result comes in. Does the innocent male have any recourse, I wonder, at finding his name so used?

I guess you're saying that it is only convention, nothing legal, in "handing down a name."

43 posted on 05/27/2004 11:54:21 AM PDT by Mamzelle (for a post-neo conservatism)
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To: brigette
"What if Mr. Callahan was killed on any other day besides 9/11! Would this be happening? Would his mistress be suing Mr. Callahan's widow over child support for the child the mistress and Mr. Callahan created?"

She is not suing Mrs. Callahan, she is suing Mr. Callahan's estate, and the answer is probably. Her child is just as entitled to a share of Mr. Callahan's estate is his legitimate children.
44 posted on 05/27/2004 11:58:46 AM PDT by monday
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To: FITZ

No good deed goes unpunished


45 posted on 05/27/2004 12:02:28 PM PDT by Ignatius J Reilly
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To: Mamzelle; johnfrink

re: Sheesh. My only question is how his mistress's child came to have HIS last name?)))

You can put any name you wish on the birth certificate, it does not have to be the surname of the unmarried mother, in fact it does not have to be the surname of either parent, married or not. You can make your children's surname anything you wish when filling out the birth certificate.



46 posted on 05/27/2004 12:05:32 PM PDT by Valpal1 (Pray for our troops, that our domestic enemies would be silenced.)
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To: Mamzelle

"If I wanted to legally change my name, it'd take a little more than the will to do so."

A court order, and some forms to fill out at the post office, the dept. of motor vehicles, IRS, SS admin., etc. Not easy, but can be done, and is done regularly for all sorts of reasons.

" I guess you're saying that it is only convention, nothing legal, in "handing down a name."

yes


47 posted on 05/27/2004 12:06:19 PM PDT by monday
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To: BurbankKarl

"but if I was married to one of those shrill 9/11 widows, I don't know what I would do"

HAHAHA you'd be dead!! Perhaps sitting on a cloud playing your harp, or swimming in the lake of fire wialing and gnashing your teeth.


48 posted on 05/27/2004 12:06:28 PM PDT by Ignatius J Reilly
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To: monday
Those families are NOT responsible for the victim's compensation fund. The POLITICIANS are. If you were entitled to a share of the fund, you would be collecting all you could as well. You would be stupid if you didn't.

It's like blaming welfare programs, and benefits, on welfare recipients. None of them would receive a dime either if our stupid politicians didn't provide the programs that pay them.

If you are surprised that yet another gov't program (the victim's compensation fund) is poorly administered, and unfair, then you haven't been paying attention.

Well, apparently you weren't paying attention when you read my reply. I didn't blame the families for the existence of the families' fund. I was criticizing those (probably relatively few in number) who were complaining about not receiving enough money. It tied in with what 2banana was saying about soldiers' widows getting $12k.

49 posted on 05/27/2004 12:09:06 PM PDT by HenryLeeII
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To: johnfrink

In fairness to the widow, she may have figured that the mistress would make a public fuss if the wife did not include her name. If I were the widow, I'd figure including the bastard child's name may be the best of all possible options for dealing with such a humilating situation.


50 posted on 05/27/2004 12:09:18 PM PDT by utahagen
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To: johnfrink

In fairness to the widow, she may have figured that the mistress would make a public fuss if the wife did not include her name. If I were the widow, I'd figure including the bastard child's name may be the best of all possible options for dealing with such a humilating situation.


51 posted on 05/27/2004 12:09:18 PM PDT by utahagen
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To: Puppage

Let the chips fall where they may. Blood money is exempt from logical distribution.


52 posted on 05/27/2004 12:10:20 PM PDT by RGSpincich
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To: 2banana

Don't know how a funeral expense is related to this story...I do know that military members are offered an inexpense policy called SGLI, or Serviceman's (could be servicemembers now) Group Life Insurance...


53 posted on 05/27/2004 12:10:30 PM PDT by dakine
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To: alisasny

Oh, this is horrifically disturbing, yes.


54 posted on 05/27/2004 12:11:11 PM PDT by NativeNewYorker (Don't blame me. I voted for Sharpton.)
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To: alisasny
Add this:

Officer Liam Callahan, 44, died on Sept. 11, 2001, leaving behind a wife, Joan, and four children in Rockaway Township. They would have celebrated their 20th wedding anniversary the next day.

to this:

In her lawsuit, Diaz says Liam Diaz Callahan was conceived on Sept. 10, 2001.

Gee, uh, Happy Anniversary, honey.

He has some 'splainin' to do, here and in the next life.

55 posted on 05/27/2004 12:12:46 PM PDT by fortunecookie
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To: paulsy
This isn't the "father's" assets we're talking about--but the widow's and her children's assets. You're advocating taking the food out of their mouths, and abrogating the meaning of a legal family.

Fight on, widow. I hope you win, and go for atty's fees, too...

56 posted on 05/27/2004 12:13:23 PM PDT by Mamzelle (for a post-neo conservatism)
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To: Lunatic Fringe

OMG - ROFLMAO.


57 posted on 05/27/2004 12:15:50 PM PDT by ladywolf7
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To: Mamzelle

mamzelle I got it.

If 911 didnt happen Liam would have left his wife to marry his prenant mistress and paid alimony to his wife and child support to his 4 children....LOL..


I am not far off with my thoughts that Mz. Diaz consulted a lawyer who advised her to keep the child for monetary gain.

Unless of course lawyers suddenly got morals with 911.....






58 posted on 05/27/2004 12:17:01 PM PDT by alisasny (SMARTY JONES FOR SECRETARY OF OFFENSE)
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To: alisasny

How far does 67 K yearly salary go under that scenario of alimony and child support for 4 kids.

Mz. Diaz affair was not for monetary gain but his death surely became a monetary gain to her.


59 posted on 05/27/2004 12:18:47 PM PDT by alisasny (SMARTY JONES FOR SECRETARY OF OFFENSE)
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To: Hildy
I believe many Freepers keep those who are serving in their prayers. Please take comfort in knowing that America is still a Judeo-Christian nation in which many people still have faith that things will work out for the better. Here's wishing your friend Godspeed!

Eagles up!!!

Prayers engaged!!!

Henry Lee II
"Leftists are crazed and violent people,
With the blood of millions on their hands.”

60 posted on 05/27/2004 12:19:18 PM PDT by HenryLeeII
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