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CA:  Man who learned child wasn't his can't recoup costs

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Dusty - 24 Oct 2004 15:51 GMT
----------------------------------------------------------------------------
----

SAN FRANCISCO
Man who learned child wasn't his can't recoup costs
Bob Egelko, Chronicle Staff Writer

Saturday, October 23, 2004

       a.. Printable Version
       b.. Email This Article

A man who helped his lover raise a child from birth to age 2 1/2 before
learning that the girl wasn't his biological daughter can't recover the
money he spent on her, a state appeals court has ruled.

"A child does not come with a money-back guarantee of paternity,'' the Court
of Appeal in San Francisco said Thursday. The case raised the question of
whether an unmarried man, who said he was misled into believing he was the
child's father, can sue the mother for the money she allegedly obtained
under false pretenses. The court -- the first in California to address the
issue - - said such a suit would violate "fundamental public policies of
this state'' on child support and children's interest in a stable family.

The plaintiff, Richard McBride, said in his suit that Garianne Boughton told
him in December 1996 that she was pregnant with his child. McBride, who was
been living abroad when he received the news, returned to the Los Angeles
area and took a teaching job to support them. He continued working for a
year after the girl was born in May 1997, then stayed at home to care for
her while Boughton returned to work.

Eventually, the couple split up and Boughton attempted to limit McBride's
contacts with the girl to two weekends a month, McBride said. In October
1999, he filed a paternity suit requesting custody. Two months later,
genetic tests showed he was not the biological father.

He then dropped all claims for custody or fatherhood and sued Boughton and
her partner, who McBride said was the girl's father, for reimbursement of
money he had spent during the time he believed he was the girl's father. The
court did not specify the amount of money he was seeking.

Thursday's ruling upheld a previous dismissal by a judge in Humboldt County,
where the woman, her partner and the girl now live.

Even if McBride could prove he was deceived into supporting the child,
allowing him to recover the money from the couple now responsible for her
support would potentially harm the child, said Justice Ignazio Ruvolo in the
3- 0 ruling.

He said dismissal of the suit would encourage unmarried men in McBride's
position to undergo early testing if they are uncertain about paternity - an
incentive that already exists for married men, whose fatherhood is
conclusively established by law after two years. It would also discourage
them from forming emotional ties that they were ready to drop based on
genetic tests, Ruvolo said.

"The potential emotional and psychic costs to the child of such a rupture
are far more significant than any financial injury a grown man might suffer
from mistakenly supporting another man's child for a temporary period,'' he
said.

Russell Gans, a lawyer for the mother and her partner, said they denied
making any intentional misrepresentations to McBride and were pleased at the
dismissal of a suit that was "very intrusive upon their family.''

McBride's lawyer could not be reached for comment.

------------------------------------------------------------
Eliminate the impossible and whatever
remains, no matter how improbable, must
be the truth.

 ---- Sir Arthur Conan Doyle ---
teachrmama - 24 Oct 2004 18:25 GMT
> ----------------------------------------------------------------------------
> ----
[quoted text clipped - 70 lines]
> the
> dismissal of a suit that was "very intrusive upon their family.''

Unbelievable!!!  "I stole money from you for 3+ years, and it is very
intrusive for you to demand it back!" What a winner that fool woman is.
<gag>

> McBride's lawyer could not be reached for comment.
>
[quoted text clipped - 4 lines]
>
>  ---- Sir Arthur Conan Doyle ---
Roger B. - 24 Oct 2004 19:47 GMT
"teachrmama" <teachrmama@iwon.com> wrote...
> Unbelievable!!!  "I stole money from you for 3+ years, and it
> is very intrusive for you to demand it back!" What a winner that
> fool woman is.

His failure to determine paternity before handing over a dime was
his his own misjudgment.  Anyone who gives their money away,
voluntarily, without due diligence, are not entitled to get it back.
Caveat emptor.   [R]
teachrmama - 24 Oct 2004 20:07 GMT
> "teachrmama" <teachrmama@iwon.com> wrote...
>> Unbelievable!!!  "I stole money from you for 3+ years, and it
[quoted text clipped - 5 lines]
> voluntarily, without due diligence, are not entitled to get it back.
> Caveat emptor.   [R]

Nonsense!!  She NEVER had a right to cheat and lie to him.  She committed
fraud.  Then, when he attempted to deal with the issue, she told him "Go
away!  You're bothering me!" like the spoiled, self centered brat she seems
to be.
The Dave© - 25 Oct 2004 23:52 GMT
> Roger B. wrote:
> > Unbelievable!!!  "I stole money from you for 3+ years, and it
[quoted text clipped - 5 lines]
> voluntarily, without due diligence, are not entitled to get it back.
> Caveat emptor.   [R]

I have to disagree.  By that logic, any company that defrauds us out of
money with phony products ro services is entitled to keep it simply
because we, as the consumer, didn't check them out thoroughly enough.

I also look disfavorably upon women who name men as the fathers even
when they themselves know that it could be someone else, if they have
slept with other people in the same time period.  Maybe birth
certificates should have a perjury statement for all (mother and
father) to sign.

I'm not picking on you in particular, Roger, it probably just seems
that way.

Signature

Q. Why do Hell's Angels wear leather?
A. Because chiffon wrinkles too easily.
 ~ Paul Lynde, on Hollywood Squares

YooperBoyka - 26 Oct 2004 04:13 GMT
>> Roger B. wrote:
>> > Unbelievable!!!  "I stole money from you for 3+ years, and it
[quoted text clipped - 9 lines]
> money with phony products ro services is entitled to keep it simply
> because we, as the consumer, didn't check them out thoroughly enough.

<shrug>
Family law ain't tort law.

> I also look disfavorably upon women who name men as the fathers even
> when they themselves know that it could be someone else, if they have
> slept with other people in the same time period.  Maybe birth
> certificates should have a perjury statement for all (mother and
> father) to sign.

So lets say hypothetically that I'm married and we separate for some reason,
a year, lets say. After that year, we reconcile. After we reconcile, we
discover
she is pregnant. We continue on "happily" raising our child.
We subsequently divorce 18 years later.
After the divorce, I discover that she was *actually* pregnant before
I returned home. A person she confided in spills the beans.
The child that I have raised as my own, is not my son.
What, if anything am I owed?

Thinking hypothetically, of course.
teachrmama - 26 Oct 2004 04:35 GMT
>>> Roger B. wrote:
>>> > Unbelievable!!!  "I stole money from you for 3+ years, and it
[quoted text clipped - 31 lines]
>
> Thinking hypothetically, of course.

The man, who was never married to the woman, was denied reasonable
visitation after the 2 split up.  He sued for custody and, in the process,
discovered that he had been treated fraudently for all the years of the
child's life.  The article also seems to indicate that mom left him to go
back to kid's bio dad.  I would say that the guy is, indeed, fortunate,
because he could have been forced to support the child even though she was
living with bio mom and dad.

The scenario you put forward is different in that a) the child is no longer
a minor,  and, b)  You and the mom were married for the entirety of the
child's minority, and the child was born within the marriage, so the child
is legally yours.
The Dave© - 26 Oct 2004 05:14 GMT
> YooperBoyka wrote:
> > I have to disagree.  By that logic, any company that defrauds us
[quoted text clipped - 4 lines]
> <shrug>
> Family law ain't tort law.

Maybe it should be.

> > I also look disfavorably upon women who name men as the fathers even
> > when they themselves know that it could be someone else, if they
[quoted text clipped - 13 lines]
>
> Thinking hypothetically, of course.

Of course.

Anyway, I tend to think that getting any money back, while
idealistically correct, is not pratical, so I don't think it should be
expected.  That's the kind of thing I call a "life experience".  We
learn from it and move on.  However, for people who are currently
paying CS, that should be stopped immediately if the child is proven to
not be theirs.  No such thing as a statute of limitation.

I also believe that if a long time has gone by, and there is an honest
bond between the father and the kid, the father should, out of moral
obligation, suck it up and just do it, but that's an individual choice
based on one's own conscience and should never be governed or mandated.

My own humble opinion, if I were benevolent dictator.  :-p

Signature

There are always too many Democratic congressmen, too many Republican
congressmen, and never enough U.S. congressmen.
 ~Author Unknown

YooperBoyka - 26 Oct 2004 16:50 GMT
>> YooperBoyka wrote:
>> > I have to disagree.  By that logic, any company that defrauds us
[quoted text clipped - 6 lines]
>
> Maybe it should be.

Whaaat???
There ain't *enough* lawyers???

>> > I also look disfavorably upon women who name men as the fathers even
>> > when they themselves know that it could be someone else, if they
[quoted text clipped - 29 lines]
>
> My own humble opinion, if I were benevolent dictator.  :-p

Well, I'd vote for you for Chancellor if that would help.
Rambler - 27 Oct 2004 02:27 GMT
>>My own humble opinion, if I were benevolent dictator.  :-p
>
> Well, I'd vote for you for Chancellor if that would help.

That would be "Herr Chancellor" to you.

Rambler
Kenneth S. - 27 Oct 2004 06:38 GMT
> >> Roger B. wrote:
> >> > Unbelievable!!!  "I stole money from you for 3+ years, and it
[quoted text clipped - 30 lines]
>
> Thinking hypothetically, of course.

   Almost certainly, you would be owed nothing.  I know of at least one
court case where this principle was decided -- and, as happens almost
invariably in these matters, the person of the male persuasion lost.  I am
sure that there are other similar court cases.

   I don't have the details in front of me, but the case was in a western
state, and the man involved was a doctor or dentist.  His wife had been
having an affair with his partner, and after the divorce the ex-wife married
the partner.  The two then moved to a midwest state (Michigan, I think) with
the children of the first marriage.  For years, the ex-husband had to pay
"child support" to his adulterous ex-wife for children that he hardly ever
saw.  After some very considerable time, there was an argument between the
exes on the phone, and the ex-wife blurted out the fact that the children
had actually been fathered by her current husband.  Thereafter, the
ex-husband was unsuccessful in his attempts in court to get repayment of all
the money he had paid his ex-wife.
Suzanna - 25 Oct 2004 14:04 GMT
<snip>

> > SAN FRANCISCO
> > Man who learned child wasn't his can't recoup costs
[quoted text clipped - 73 lines]
>
> > McBride's lawyer could not be reached for comment.

I wonder if he can sue her again for palimony and/or lost wages since
he supported her while she was knocked up with some other guy's child.
Also, he was a SAHD to the child while the whore worked, which proves
he was obviously deceived about paternity. What man is going to quit
his job to care for some other man's child? Women stupidly do it all
the time for their husbands' children from previous relationships and
marriages. But men, never.
cloaked - 24 Oct 2004 19:13 GMT
Once again a woman gets away with it.

I wonder... If a the situation were reversed and a man received money
from a woman under false pretenses, if the man would be forced to
repay???

>----------------------------------------------------------------------------
>----
[quoted text clipped - 96 lines]
>`
>end
Roger B. - 24 Oct 2004 19:34 GMT
"cloaked" <cloakedrun2001@NOSPAM.yahoo.ca> wrote...
> Once again a woman gets away with it.
> I wonder... If a the situation were reversed and a man received
> money from a woman under false pretenses, if the man would
> be forced to repay???

No.  The money was given voluntarily and not pursuant to any
contract or other reciprical obligation and as such was a "gift,"
which is not subject to recovery, even if he had relied on some
misrepresentation.

If someone were to give you money under the mistaken notion
that you had something worthwhile to contribute to society, but
found out that they were wrong, you could not be compelled to
return the money, the truth notwithstanding.  [R]
teachrmama - 24 Oct 2004 20:08 GMT
> "cloaked" <cloakedrun2001@NOSPAM.yahoo.ca> wrote...
>> Once again a woman gets away with it.
[quoted text clipped - 11 lines]
> found out that they were wrong, you could not be compelled to
> return the money, the truth notwithstanding.  [R]

I can only imagine how you make a living, considering how you defend those
who cheat others on this thread.
-Lone_Wolf- - 24 Oct 2004 20:35 GMT
> "cloaked" <cloakedrun2001@NOSPAM.yahoo.ca> wrote...
>> Once again a woman gets away with it.
[quoted text clipped - 11 lines]
> found out that they were wrong, you could not be compelled to
> return the money, the truth notwithstanding.  [R]

What if you could prove intent to commit the fraud... if somehow you could
rule out any doubt on the part of the mother and prove she knowingly lead
you to believe the child was yours?

Would it be treated differently than other forms of fraud because a child
was involved?

John
Roger B. - 24 Oct 2004 21:00 GMT
>> No.  The money was given voluntarily and not pursuant to any
>> contract or other reciprical obligation and as such was a "gift,"
>> which is not subject to recovery, even if he had relied on some
>> misrepresentation.

> What if you could prove intent to commit the fraud... if somehow
> you could rule out any doubt on the part of the mother and prove
> she knowingly lead you to believe the child was yours?
> Would it be treated differently than other forms of fraud because
> a child was involved?

Good question!  I think that there is a strong public policy behind
protecting the care and interests of children that outweighed his
private interest of recouping money.  A mere warranty may not be
actionable, but if he could show that she planned to commit a fraud,
that she actively dissuaded him from examining the child's paternity,
and knew that it was not his, then the fraud is harder to ignore. But
here, I  think, there is an aspect of "contributory negligence."  [R]
Fred - 25 Oct 2004 04:13 GMT
>>> No.  The money was given voluntarily and not pursuant to any
>>> contract or other reciprical obligation and as such was a "gift,"
[quoted text clipped - 14 lines]
>and knew that it was not his, then the fraud is harder to ignore. But
>here, I  think, there is an aspect of "contributory negligence."  [R]

I take it from the above that it is your position that any man who is
charged by any woman with having made her pregnant under any
circumstances should in all cases immediately demand a paternity test.

Have I got that right?
Roger B. - 25 Oct 2004 06:10 GMT
"Fred" <noneof@yourbusiness.com> wrote...
>>I think that there is a strong public policy behind protecting the care
>>and interests of children that outweighed his private interest of
[quoted text clipped - 3 lines]
>>was not his, then the fraud is harder to ignore. But here, I think,
>>there is an aspect of "contributory negligence."  [R]

> I take it from the above that it is your position that any man who is
> charged by any woman with having made her pregnant under any
> circumstances should in all cases immediately demand a paternity
> test.  Have I got that right?

I insisted that my 17 yo stepson do so, even tho he said that he
"knew" he was the father of a child by a former GF.  For unmarried
men, taking on the responsibility for a child is too big a thing to take
it on faith.  Married men are caught up in all sorts of "trust" issues,
so probably not, unless they want to risk their marriage as well.  [R]
Fred - 26 Oct 2004 01:18 GMT
>"Fred" <noneof@yourbusiness.com> wrote...
>>>I think that there is a strong public policy behind protecting the care
[quoted text clipped - 15 lines]
>it on faith.  Married men are caught up in all sorts of "trust" issues,
>so probably not, unless they want to risk their marriage as well.  [R]

I agree with you regarding unmarried men.  As to married men, that's
tougher.  Given that in many states, the law assumes Husband to be the
father of any child born by Wife unless proven otherwise within a
short period of time, and given that cheating seems to be the name of
the game nowdays, a paternity test might be in order, married or not.
The Dave© - 26 Oct 2004 03:25 GMT
> Fred wrote:
> I agree with you regarding unmarried men.  As to married men, that's
> tougher.  Given that in many states, the law assumes Husband to be the
> father of any child born by Wife unless proven otherwise within a
> short period of time, and given that cheating seems to be the name of
> the game nowdays, a paternity test might be in order, married or not.

It is my opinion that, at birth, DNA tests should be mandatory for
married and unmarried alike, kids and adults.  This goes against my
usual "less government interfereance in our lives" approach of mine,
but in this case it's to protect us from the government.  Also, no CS
award should ever be awarded with out confirming both the child and the
father's DNA.

Signature

There are always too many Democratic congressmen, too many Republican
congressmen, and never enough U.S. congressmen.
 ~Author Unknown

Joy - 26 Oct 2004 03:46 GMT
> > Fred wrote:
> > I agree with you regarding unmarried men.  As to married men, that's
[quoted text clipped - 5 lines]
> It is my opinion that, at birth, DNA tests should be mandatory for
> married and unmarried alike, kids and adults.

Who pays?
-Lone_Wolf- - 26 Oct 2004 04:17 GMT
>>> Fred wrote:
>>> I agree with you regarding unmarried men.  As to married men, that's
[quoted text clipped - 8 lines]
>
> Who pays?

Montel Williams?

;-)

John (who watches way too much US documentaries)
The Dave© - 26 Oct 2004 05:14 GMT
> Joy wrote:
> > It is my opinion that, at birth, DNA tests should be mandatory for
> > married and unmarried alike, kids and adults.
>
> Who pays?

Who pays for any new proceedure that is mandated?

Signature

There are always too many Democratic congressmen, too many Republican
congressmen, and never enough U.S. congressmen.
 ~Author Unknown

Joy - 27 Oct 2004 04:43 GMT
> > Joy wrote:
> > > It is my opinion that, at birth, DNA tests should be mandatory for
[quoted text clipped - 3 lines]
>
> Who pays for any new proceedure that is mandated?

Who pays is a consideration in whether or not a procedure *should* be
mandated.  You can't have unfunded mandates.  So if there are X tax dollars
available, and we spend Y of them on DNA tests, then there are Y fewer
dollars available for other programs, like schools and roads.  Where are you
taking the money from?  Or are you proposing a new DNA tax?

Personally, I see no reason why I should have to pay extra taxes for
mandatory DNA tests.  New taxes just aren't the way to right every wrong.
The Dave© - 27 Oct 2004 05:13 GMT
> Joy wrote:
> > > > It is my opinion that, at birth, DNA tests should be mandatory
[quoted text clipped - 14 lines]
> mandatory DNA tests.  New taxes just aren't the way to right every
> wrong.

Let me tell you how government funding *really* works... having
"enough" money to spread around doesn't matter, if they think it's a
good idea they'll spend it even if they don't have it.  Taxes may not
go up, we'll just go deeper in debt.  See?  Problem solved.  Unfunded
mandates are quite common, btw.

Are you saying that you agree with the idea, but your only quibble is
with the funding?

Signature

There are always too many Democratic congressmen, too many Republican
congressmen, and never enough U.S. congressmen.
 ~Author Unknown

The Dave© - 27 Oct 2004 05:19 GMT
> Joy wrote:
> > > > It is my opinion that, at birth, DNA tests should be mandatory
[quoted text clipped - 14 lines]
> mandatory DNA tests.  New taxes just aren't the way to right every
> wrong.

Oh, it could actually *SAVE* money.  Far less contested cases jamming
up the courts and DA's offices and costing money after the fact.  If
you're it, you're it, and the only thing left to determine is how much
you'll pay.

Signature

There are always too many Democratic congressmen, too many Republican
congressmen, and never enough U.S. congressmen.
 ~Author Unknown

Bryan Dongray - 28 Oct 2004 06:51 GMT
> "The Dave©" <no@no.com> wrote in message
>>It is my opinion that, at birth, DNA tests should be mandatory for
>>married and unmarried alike, kids and adults.
>
> Who pays?

With a mandatory test, there would be so many such tests done, and like
anything else, it would cause the cost of such a test to go down.

It would also mean a birth certificate would be accurate on who the
actual biological father is.

Maybe a DNA test be done earlier on in the pregnancy?
The Dave© - 25 Oct 2004 23:41 GMT
> Roger B. wrote:
> Good question!  I think that there is a strong public policy behind
[quoted text clipped - 4 lines]
> and knew that it was not his, then the fraud is harder to ignore. But
> here, I  think, there is an aspect of "contributory negligence."  [R]

We don't keep people in jail when we find out later on that they didn't
murder that person just so the family of the victim can feel better.
(In theory, at least)  Why do we insist on taking, by force, someone's
property or money simply because a wrong assumption has been made to
this point?  Even the IRS will pay back overpaid taxes if a person can
prove they overpaid.

If the temporary pain of a man, in terms of making him pay for a kid
that is not his, is of such small consequence when compared to the
well-being of a child, then why don't we just find a large group of
financially well-off men, married or not, doesn't matter, and assign
them a child at random and make them pay for that child's upbringing?
Seriously, why not?  The state has declared that the well-being of
children is paramount, so why not?

Signature

Q. Why do Hell's Angels wear leather?
A. Because chiffon wrinkles too easily.
 ~ Paul Lynde, on Hollywood Squares

The Dave© - 25 Oct 2004 23:45 GMT
> Roger B. wrote:
> Good question!  I think that there is a strong public policy behind
[quoted text clipped - 4 lines]
> and knew that it was not his, then the fraud is harder to ignore. But
> here, I  think, there is an aspect of "contributory negligence."  [R]

We don't keep people in jail when we find out later on that they didn't
murder that person just so the family of the victim can feel better.
(In theory, at least)  Why do we insist on taking, by force, someone's
property or money simply because a wrong assumption has been made to
this point?  Even the IRS will pay back overpaid taxes if a person can
prove they overpaid.

If the temporary pain of a man, in terms of making him pay for a kid
that is not his, is of such small consequence when compared to the
well-being of a child, then why don't we just find a large group of
financially well-off men, married or not, doesn't matter, and assign
them a child at random and make them pay for that child's upbringing?
Seriously, why not?  The state has declared that the well-being of
children is paramount, so why not?

Signature

Q. Why do Hell's Angels wear leather?
A. Because chiffon wrinkles too easily.
 ~ Paul Lynde, on Hollywood Squares

Dadzilla - 27 Oct 2004 07:28 GMT
"Roger B." <rcblinn-xxx-@bellsouth.net> wrote in message

> No.  The money was given voluntarily and not pursuant to any
> contract or other reciprical obligation and as such was a "gift,"
[quoted text clipped - 5 lines]
> found out that they were wrong, you could not be compelled to
> return the money, the truth notwithstanding.  [R]

No disrespect Rog, but I'm having trouble following your logic here.

If you find out after paying a bill the mechanic overcharged you for
work, do you just write it off as a gift?
YooperBoyka - 27 Oct 2004 14:59 GMT
> "Roger B." <rcblinn-xxx-@bellsouth.net> wrote in message
>
[quoted text clipped - 12 lines]
> If you find out after paying a bill the mechanic overcharged you for
> work, do you just write it off as a gift?

Family law ain't tort law.
Should it be?
Youse guys argue that.
The Dave© - 27 Oct 2004 16:38 GMT
> YooperBoyka wrote:
> Family law ain't tort law.

Is that a 'round-about way of saying that tort law is more based on
right and wrong and family law is more based on emotion?

Signature

Q. Why do Hell's Angels wear leather?
A. Because chiffon wrinkles too easily.
 ~ Paul Lynde, on Hollywood Squares

YooperBoyka - 27 Oct 2004 17:24 GMT
>> YooperBoyka wrote:
>> Family law ain't tort law.
>
> Is that a 'round-about way of saying that tort law is more based on
> right and wrong and family law is more based on emotion?

<shrug>
I'll buy that.
Although,...have you ever *read* tort law?
The implications of applying the same principles to
family law are enormous.
(Keep in mind "The Law of Unintended Consequences"
...and phrases like "Can o' Worms")
The Dave© - 27 Oct 2004 17:40 GMT
> YooperBoyka wrote:
> >> Family law ain't tort law.
[quoted text clipped - 9 lines]
> (Keep in mind "The Law of Unintended Consequences"
> ...and phrases like "Can o' Worms")

You have a good point, but I still maintain that some things should be
consistent, regardless of the subject matter.  Penalizing an innocent
person, or continuing to penalize an innocent person if the truth is
found out later, is very basic and a concept that should never be
accepted in any kind of law.

There are two reason I advocate mandatory DNA testing at birth.  First,
so that the real father can be determined and we don't even have these
disputes to begin with.  And, second, so that men will not feel trapped
into accepting a potentially wrong situation they could avoid because a
teary-eyed woman said "Are you saying that you think I cheated on
you?".  If it's mandatory, the truth comes out, for good or for bad,
and the truth is what the law is supposed to searching for.

Signature

Q. Why do Hell's Angels wear leather?
A. Because chiffon wrinkles too easily.
 ~ Paul Lynde, on Hollywood Squares

YooperBoyka - 27 Oct 2004 18:03 GMT
>> YooperBoyka wrote:
>> >> Family law ain't tort law.
[quoted text clipped - 15 lines]
> found out later, is very basic and a concept that should never be
> accepted in any kind of law.

<nods head>
I understand.
...but tort law doesn't have to deal with "broken hearts".
*That* is the fly in the ointment.

> There are two reason I advocate mandatory DNA testing at birth.  First,
> so that the real father can be determined and we don't even have these
[quoted text clipped - 3 lines]
> you?".  If it's mandatory, the truth comes out, for good or for bad,
> and the truth is what the law is supposed to searching for.

I *so* wanna use Jack Nicholson's line
"You can't HANDLE the truth!!!"
...but it don't really fit.
I don't think society is ready for the truth.
When you rip at the seams,...you better be ready to sew 'em up.
T'ain't gonna happen in my lifetime.
(It's *about* the kids)
The Dave© - 27 Oct 2004 18:32 GMT
> YooperBoyka wrote:
> > You have a good point, but I still maintain that some things should
[quoted text clipped - 7 lines]
> ...but tort law doesn't have to deal with "broken hearts".
> *That* is the fly in the ointment.

I don't intend to sound too harsh, but people are gonna feel what they
feel, justified or not.  I believe that, in the long run, we cause more
problems by attempting to please everybody and make everything right
according to what their individual feelings are.  To me, that's the
other side of unintended consequences.

> > There are two reason I advocate mandatory DNA testing at birth.
> > First, so that the real father can be determined and we don't even
[quoted text clipped - 9 lines]
> ...but it don't really fit.
> I don't think society is ready for the truth.

I think there's alot of truth to that. (no pun intended)

> When you rip at the seams,...you better be ready to sew 'em up.
> T'ain't gonna happen in my lifetime.

Would cheating become less common if people knew they could be more
easily caught in the event of a pregnancy?  Would birth control be
pursued more aggressively?  Those aren't my motivations, but they are
interesting side questions.

> (It's about the kids)

But, then, exactly what are we teaching the kids?  That you can lie and
cheat and steal and get away with it?  That there really is no such
things as fairness and justice and morals and ethics don't matter?
That people can be arbitrarily picked to provide for others?  I'm
sorry, but just throwing money at a kid so they can have their video
games and cool shoes and be just like other kids is not really doing
them any favors.  Besides, and I know this isn't popular, and it even
goes against some of my principles, but that's what government and
welfare are for... to ensure the basics, to provide the safety net,
until a person can get back on their own feet.  If the presumed father
is found to not be the biological father, then the government should
lean on the mother to help find the real father.  I do not see
arbitrarily forcing another innocent individual to be responsible for
something they did not do as the answer.

I'll ask the question again that no one wants to answer.  If it's
really about the kids, and that's so important, and the temporary pain
of men is irrelevant in comparison, why not just assign kids to men at
random, married or single, already fathers or not, and take a portion
of their money every month?

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Q. Why do Hell's Angels wear leather?
A. Because chiffon wrinkles too easily.
 ~ Paul Lynde, on Hollywood Squares

AZ Astrea - 27 Oct 2004 23:20 GMT
> > YooperBoyka wrote:
> > > You have a good point, but I still maintain that some things should
[quoted text clipped - 60 lines]
> random, married or single, already fathers or not, and take a portion
> of their money every month?
-------------
You know, I've often wondered when it's going to come to this.  When a judge
tells a man who is not the father that it's in the childs best interest that
the man continue to pay why is it not in the childs best interest for that
judge to pay for it as well?  They already take a portion of everybodys
money as taxes to pay for welfare. What's to stop them from taking a portion
of men's money, all men's money, and saying it's for child support?

~AZ~

> --
> Q. Why do Hell's Angels wear leather?
> A. Because chiffon wrinkles too easily.
>   ~ Paul Lynde, on Hollywood Squares
Phil #3 - 28 Oct 2004 02:06 GMT
>> YooperBoyka wrote:
>> > You have a good point, but I still maintain that some things should
[quoted text clipped - 60 lines]
> random, married or single, already fathers or not, and take a portion
> of their money every month?

But the already do (sometimes), that's why this thread exists to begin with
:)
Still, your point is a good one and it fits nicely with feminist socialism.
I do believe it might catch on if politicians and lawyers (redundant) can
find a way to avoid being named.
Phil #3
The Dave© - 29 Oct 2004 02:32 GMT
> Phil #3 wrote:
> > I'll ask the question again that no one wants to answer.  If it's
[quoted text clipped - 8 lines]
> socialism.  I do believe it might catch on if politicians and lawyers
> (redundant) can find a way to avoid being named.

I don't believe it would actually happen.  If someone did try to push
something like this through, the gross unfairness and absurdity would
suddenly become obvious to all, even those who condone it now in a more
subtle form, and it'd be shot down very quickly.

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"If you're being chased by a police dog, try not to go through a
tunnel, then on to a little seesaw, then jump through a hoop of fire.
They're trained for that."
    ---Milton Jones

Phil #3 - 29 Oct 2004 13:03 GMT
>> Phil #3 wrote:
>> > I'll ask the question again that no one wants to answer.  If it's
[quoted text clipped - 13 lines]
> suddenly become obvious to all, even those who condone it now in a more
> subtle form, and it'd be shot down very quickly.

Don't underestimate the stupidity of the American people. We already see
cases where absurdity and unfairness are grossly obvious such as men being
forced to support the lifestyle of children to which they are unrelated
because they were lied to by the mother and in the face of DNA typing. Keep
in mind, we don't get to choose which absurdities different agencies or
bureaus will follow either.
All they have to do is figure a way to make it sound like good reasoning,
such as "it's in the children's best interest" and phase it in over a period
of time without letting it become too apparent all at once, like taxes or
the Patriot Act.
Phil #3
The Dave© - 29 Oct 2004 16:47 GMT
> Phil #3 wrote:
> > I don't believe it would actually happen.  If someone did try to
[quoted text clipped - 14 lines]
> all at once, like taxes or the Patriot Act.
> Phil #3

I believe that the vast majority of people honestly aren't aware of it.
Or, at least it hasn't been shown to them in a way that would make them
stand up and take notice.  I think most people either believe "well, he
must be the father, or else they wouldn't do that to him", or "if he's
not the father, then he'll be off the hook" without personally knowing
anyone who is having this done to them.  We (as a society in general)
are so naive about crap like that.  We so want to believe that our
society is somehow special and fair and that justice is equal and fair
and we really don't want to be told or shown otherwise.

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Baseball statistics are like a girl in a bikini.  They show a lot, but
not everything.
 ~ Toby Harrah, 1983

Phil #3 - 30 Oct 2004 16:56 GMT
>> Phil #3 wrote:
>> > I don't believe it would actually happen.  If someone did try to
[quoted text clipped - 16 lines]
>
> I believe that the vast majority of people honestly aren't aware of it.

You could be right; on the occasions where I have had the ability to inform,
they look at me like I was sporting yellow and purple spots. For that
matter, they don't believe C$ to be onerous. When the newspapers show dad to
be $60,000 behind, it is taken as how 'bad' dad is, not how excessive the
C$.

> Or, at least it hasn't been shown to them in a way that would make them
> stand up and take notice.  I think most people either believe "well, he
[quoted text clipped - 4 lines]
> society is somehow special and fair and that justice is equal and fair
> and we really don't want to be told or shown otherwise.

So true. Most believe that anyone charged with a crime is automatically
guilty. I can assure you that many who are charged AND found guilty are, in
fact, innocent. The numbers of men released from prison due to DNA evidence
proving their innocence is staggering to me, some having served decades
behind bars for a crime that they didn't commit. I wonder how many we've
killed who wee innocent.
In light of the above, it seems obvious that something like forcing men at
random, more or less, to support random children would actually fly but as I
said, those who would make that decision would either have to find a way
around it or, more likely, a way to make money off of it. At any rate, the
public perception simply needs to be manipulated, just like abortion,
divorce, welfare, poverty and C$ have been. Perhaps another huge tax on
cigarettes and alcohol instead of random men.
Phil #3
jetgraphics - 30 Oct 2004 18:00 GMT
> "it's in the children's best interest"

That's been the smoke hiding "national socialism" for over 3 generations.
The childsupport is not based on "law", it's based on an agreement.
What agreement?
The parent's enrollment into national socialism (aka social security).

The whole ncp program is abominable anti-American law based upon the
respondent's status, as a consenting adult.

In case you weren't informed about it, there is NO LAW requiring one to sign
up for an account with the Social Security Administration, nor is there one
law punishing one for NOT enrolling. It is 100% voluntary. He who consents
cannot complain. Every participant surrendered his rights in exchange for
access to entitlements.

Socialism, by definition, abolishes private property rights. So every card
carrying, ennumerated American can't object to the abuses foisted off as
"for the children". Shucks, the state is the parent of the child, now.
Can't spank the state's child, can't teach the child religious beliefs that
contradict the surrogate parent's policy.

Just say "NO" to socialism.

http://groups.yahoo.com/group/NASP
http://groups.yahoo.com/group/I-AM-ANTI-SOCIALIST
 
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