Local Child Support Case Could Lead to Major Changes (Not His Biological Child)

St. Joseph News-Press (Missouri) ^ | 9/12/07 | Aaron Bailey

[Badeye]

‘David requested a hearing to contest the finding. After David failed to appear at the hearing,’

Hmmmm. So, he’s an idiot that married a whore, and then failed to show up for a hearing that would have ended the matter as it related to him?

Sheesh.

[RabidBartender]

No one accused him of being a rocket scientist - lol.

[RabidBartender]

Fourteen months after their separation, McClure gave birth to A.S. At that time, McClure requested that the child’s birth certificate not list a father. The hospital, nonetheless, placed Salazar’s name on the birth certificate.(FN2)

At the criminal trial Salazar and McClure were the only witnesses to testify. Both testified that while they were married at the time of birth, they had no sexual relations in the preceding fourteen months. McClure further identified the child’s father as Charles Puentes, and also testified that she has since had another child by Puentes.

[Badeye]

Indeed.

[Tolerance Sucks Rocks]

And the moral of this story is: don’t rush into marrying people without considering all the ramifications.

This may sound uncharitable, but he chose to marry this woman. Perhaps he should be a man and help raise her child as a consequence.

[Tolerance Sucks Rocks]

Both Mr. Salazar and Ms. McClure said they did not have sexual relations in the 14 months leading up to the girl's birth in 2001, according to court documents. The two were separated but still legally married at the time of the birth.

Whoooooops! Never mind. Take the sexpot for all she's worth!

[ansel12]

The moral of the story is, only date married women.

[muawiyah]

We really shouldn't abandon our system of laws and ancient customs just because of the stupidity of one woman.

Let him pay. Let her pay.

[muawiyah]

Neglecting to see to the support of the children of the marriage is really not what any of us would consider “obeying the law”.

[muawiyah]

How do you know the father isn't telling lies fed to him by the mother. Guess you don't. Best bet is for this guy to go for a formal divorce and sue the other guy for remuneration.

Best let the courts decide this in terms of the existing law.

BTW, my advice to you too is to NOT GET MARRIED AGAIN, and quit messing around until you get clipped.

[muawiyah]

Used to be even worse. For a taste of the past check out the movie "Return of Martin Guerre".

This father could have had the baby-daddy hanged for "defiling the marital bed" ~ yet, the children would be confirmed as legitimate by both the civil courts and the church ~ including the Protestant church in 1600s France.

Interestingly enough, even the threat of the death penalty didn't keep these guys from fathering children on other men's wives.

[Jim Noble]

If a man is married to a woman at the time she gives birth, a court administrative order can legally bind the man as the child's father, regardless of whether he's the biological parent.

This is the common law, and is perfectly fair and sensible AS LONG AS, AND ONLY IF, bastards have no legal fathers.

Once the Supreme Court declared legal bastardy violated the Fourteenth Amendment, invalidating the marriage and child support laws of all fifty states, all bets were off.

Since marriage no longer defines male parentage, these child support impositions are unjust and should be overturned.

Or, alternatively, Gomez v. Perez (1973) could be overturned, restoring the common law and some sanity to child support.

The status quo is unsustainable.

[metmom]

If it were just one case, I’d agree. Exceptions are bad things to make laws over. However, this sort of thing is happening way too frequently. Too many men are having their lives ruined through no fault of their own. It’s not right for someone to have to pay for someone else’s irresponsibility or crime.

As a woman, I’m saying the women should take responsibility for their own actions. Let who plays, pay.

[muawiyah]

You have nothing but the word of the father and mother about the father not being the baby-daddy.

Sounds like a scam for the woman to get welfare and not cost the father anything.

Notice that every time the guy had a chance to go in and sign some official document or swear that he wasn't the father in a court of law he failed to do so.

His evasiveness suggests strongly that he's guilty of impregnating this woman.

[ClaireSolt]

I have concluded that deciding whom to marry is probably the most consequential decision in life. It is wrong to claim iot is a no fault event.

[Age of Reason]

Interestingly enough, even the threat of the death penalty didn't keep these guys from fathering children on other men's wives.

I think you should rephrase that as "didn't keep all these guys . . . . "

[Age of Reason]

This father could have had the baby-daddy hanged for "defiling the marital bed" ~ yet, the children would be confirmed as legitimate by both the civil courts and the church ~ including the Protestant church in 1600s France.

The hanging part, at least, sounds good.

[GOPJ]

...to force a man to take responsibility for a child he can prove is not his, would be UNNATURAL at any time in history.

It would be wrong - but unnatural at "any time in history"? Nah, in the past it was hard to "prove" paternity. Times have changed, and the law should change with it. No man should be forced to pay child support for another man's child.

[VOA]

Any statute of limitations should begin at the time of discovery.

AND clear, documented legal notice to the "named" parent.

Along with a guarantee of DNA analysis to confirm/deny paternity.

I had to live through the campaign for cloning here in Missouri.
If that can be passed into law, a mandatory "PROOF" provision
for determining paternity (and resultant support) should be
given the force of law as well.

[VOA]

Both Mr. Salazar and Ms. McClure said they did not have sexual relations
in the 14 months leading up to the girl's birth in 2001,
according to court documents. The two were separated but still
legally married at the time of the birth.

Good rule of thumb:
If you haven't had sex with your spouse for one month...
and you're both otherwise healthy and normal...

...get a divorce post-haste.

To avoid these paternity messes.
And to make your tax situation a whole lot simpler.
("Married Filing Separate" REALLY sucks!)

And let me just say "Oink, Oink"
for anyone that wants to flame me for being a male, sexist pig.