SIGforum.com Main Page The Lounge Texas man ordered to pay $65G in child support for kid that isn't his
Main Page The Lounge Texas man ordered to pay $65G in child support for kid that isn't hisGo | New | Find | Notify | Tools | Reply | |
Dean of Law |
I'm sure this was a default judgment heard only by the judge. | |||
|
| His diet consists of black coffee, and sarcasm.  |
Every time I feel regret over not having fathered any children, I see shit like this and am quickly cured.  You lawyers are doing a great job of explaining this situation, but you have yet to justify it. What is legal is not always right, and this is not right. | |||
|
Essayons |
^^^^^Nailed it. Thanks, Sap | |||
|
Member |
Why pardon convicted criminals once their DNA has proven their innocence. The judicial system was used and they were, after all convicted. Obviously this case is less severe but it has a huge impact on the poor bastard on the receiving end. This guy will now be forced to deprive his biological children to pay a fraudulent claim. It's like saying we know your your right but we have to fuck you anyways. How about the judge hold the bitch responsible for purjury as I'm sure she would be under oath to make the claim. But wait, Im sure an attorney could argue their client was mistaken and lost track of whose been inside her. Here comes some common sense ....Or at the least, throw the case out. | |||
|
Irksome Whirling Dervish |
If the defendant, after being served with the notice of a claim of paternity, chooses - and let's be clear that he did not contest it - to default and let the petitioner win based on her pleadings, no court will step in and excuse or condone the defendants failure to respond. For those of you who think a terrible justice is being done, change the facts. Suppose you're sued for $1m and don't respond to the Summons and Complaint and the plaintiff takes your default. You simply owe the money because you didn't contest the allegations against you. The fact the you decide to contest it with later discovered evidence that you could have produced at the inception of the case is a fault that lands squarely on you. The simple and compelled result is that he tucked up by not answering and he agreed that he was the father by paying the judgment against him. He owes and a court won't excuse his purposeful ignorance to defend himself. | |||
|
| Staring back from the abyss  |
Then he should beg for a jury trial. The simple fact of the matter is that this is not and has never been his child. He therefore should not owe this woman a dime. It's as plain and simple as the nose on anyone's face...regardless of what the law says. Now, if they want to slap the guy on the wrist and fine him $100 for blowing off the original summons, fine. But no way in hell should he have to pay the woman. ________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton. | |||
|
| No Compromise |
So, he's framed by decry. Is that it? H&K-Guy | |||
|
| Little ray of sunshine  |
Meaningless. There is no jury, since he defaulted at the trial stage. There is nothing to nullify and no jury to nullify it. It helps to understand the process before prescribing solutions. Had he answered timely, he could have asked for a jury. Of course, if he answered timely, the DNA test he would have gotten would have convinced a jury or the judge pretty definitively. As I said earlier, a DNA test has a way of causing bad paternity claims to get dismissed long before a formal decision has to be made. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| Irksome Whirling Dervish |
The simple justification is that he ignore an order to come to court to defend her allegations and at now stage, until now, did he ever contest that he was the father. You'd be on better reasoned footing if he hadn't been served or service was defective and he had no idea of the proceedings against him but that isn't the case. He knew someone was claiming he was the father of her child and he didn't disagree until now. Remember that he was making the support payments which is tantamount to acknowledging that he was the father. He wasn't blindsided by this or duped in any way. Of all the parties that could have changed the outcome it fell solely on his shoulders. | |||
|
| Essayons |
Bullshit. Kid's not his. End of story. YES. It really IS that simple. Thanks, Sap | |||
|
Bolt Thrower |
How is what this woman attempted to pull not strong arm robbery? | |||
|
| Little ray of sunshine |
The why is the need for finality after 16 years. If litigants could ask for another bite at the apple whenever they have some new evidence, there would be no end to civil proceedings. No one would ever know when it was over. We can't have that kind of chaos. And remember, this isn't "new" evidence. He could have presented the DNA evidence 16 years ago, but he ignored the case, and made the choice to not present it when he didn't answer the case. And then he ignored the case again when his wages were garnished. His fault. Criminal law is different because it is criminal and involves prison, not mere money. Plus, do you have any idea how hard it is to overturn a criminal conviction after 16 years, even with DNA? Virtually impossible. One in a hundred difficult. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| I believe in the principle of Due Process  |
Did she threaten anyone with force or fear? Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
|
| Irksome Whirling Dervish |
You are looking to exude his purposeful behavior. What if he decided to contest it after making 10 years of payments after his default is taken? The law provides no relief for the stupid and in this case he was stupid to his detriment. The law allows you to be stupid and won't squirm over it. He owes and that's that. Any other result is a perversion of law anywhere and in any courthouse in the nation. | |||
|
| Member |
The point here is the woman had no grounds to be in court in the first place. It has been proven via paternity test. But some here wish to defend the system rather than what is known to be right from wrong. So some here wish to overlook her wrong doing and fuck the innocent guy because the system states you can do so. She made the fraudulent claim and he simply didn't show up to refute it. Who should take the screwing here? | |||
|
| Bolt Thrower |
US government is acting as her collecting agent. | |||
|
| Irksome Whirling Dervish |
To get to your simple conclusion you can't ignore simple facts that he de facto agreed with at the time. He didn't argue that he wasn't the father, thought he was the father and was making the payments. How does that change things. | |||
|
| Little ray of sunshine |
No. She is using the courts just like anyone owed a civil judgment availing themselves of a remedy. And it is the State of Texas, not the feds. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| probably a good thing I don't have a cut |
He should be allowed to sue the woman for lying in the first place to recover everything he paid out. | |||
|
| No Compromise |
Sometimes, you're 'perversion of law' is the perversion. Slavery, alcohol possession, freedom of religion, The 1st, 2nd, 4th, and 5th amendments had to be established, and have taken their turn at bat being one of your 'perversions'. This does not make them right. H&K-Guy | |||
|
| Powered by Social Strata | Page 1 2 3 4 5 6 7 8 9 |
 | Please Wait. Your request is being processed... |
|
SIGforum.com Main Page The Lounge Texas man ordered to pay $65G in child support for kid that isn't his
Main Page The Lounge Texas man ordered to pay $65G in child support for kid that isn't his© SIGforum 2024