I man who is not the biological father has been ordered by an Ontario judge to continue to pay child support payments.
A Toronto man is on the hook to pay child support, notwithstanding a DNA test that proved he is not the biological father of his ex-wife's twins, an Ontario Superior Court judge has ruled.
What do you think? Should he pay child support? My opinion on this surprised myself, and will likely run counter to many views of the readers. It is of my opinion that Mr. Cornelio should continue to pay child support to his twins.
I agree with the judges argument, for sixteen years Mr. Cornelio has thought he was, has acted like he was, and has been the twin's father. He has been the only father the twins has ever known, even after the breakup of his marriage.
Mr. Cornelio should be ashamed of himself for even seeking to stop they payments to his children.
Of course the wife is an idiot for many reasons, having the affair in the first place, not using birth control when she did have an affair, not telling the husband, and then seeking to up the payments whilst looking to cut the father's access to his children.
I think this whole case boils down to two idiot parents fighting a battle using their kids as weapons.
Shame.
4 comments:
If this goes to the Supreme Court, he's gonna lose.
Why?
Because this is just one more in a string of rulings over the past ten years that ensure children receive child support, regardless of the circumstances. While I disagree with the ruling, it's important to remember the courts look at these issues with priority on "the best interests of the child" as well as the status quo: in short, while what mom did was utterly despicable, (and apparently the only people who buy the argument that she has no memory of the dude she had an affair with who is actually the biological father are, well, judges) the status quo in this case is that this man has been paying support for a number of years so to have him suddenly stop paying support would upset the status quo thereby having a negative impact on the best interests of the children.
Very simply: courts in Canada RARELY upset the status quo regardless of whether it is child support or custody and access... the status-quo is presumed to be in the best interest of the children and that's-that.
My advice to young men: wrap it up. Wrap it up twice. Don't shack up with a woman who has kids from a previous relationship because if you act in the place of a parent, you're liable for child support. Don't enter into a commonlaw relationship and have kids... ever. You will have no rights as a father. Finally, if you want to get married, do not marry her if she refuses to sign a prenuptial agreement... it's just not worth the risk.
I think in a case like this the happy medium is that he pays support until the kids are 18 and then he should take her to court in a civil case to recover what he can.
If you don't think she's gonna make him pay for their university education (and all associated costs) as well you're delusional.
It's a tricky situation... the kids shouldn't be made to suffer BUT the mother shouldn't benefit either. I think from here on in any support payments he makes should go into a trust account for the kids that she can't touch. If she has to get a second job then so be it. AND she should be compelled to locate the biological father and sue HIM for not only continuing support but to pay back the other guy.
The court system is so painfully biased against men - ta hell with senate overhaul it's the court system that needs gutting.
This man is clearly the victim of a fraud. He was lied to. He looked after the kids for 16 years because of the lie. He may or may not have an emotional attachment to the kids but that is not up to a court to decide. In our legal system we are not supposed to punish the innocent.
I have no problem with the child support payments going to a trust fund and not to the wife. I agree with that 100%
As far as the children are concerned, he is there father. We can't punish the children for the mistakes of their mother.
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