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Why men should be able to sue women who lie about who's the daddy
JWR ^ | Nov. 27 , 2002 / 22 Kislev, 5763 | Dan Abrams

Posted on 11/29/2002 7:08:00 AM PST by Balto_Boy

On Friday, Nebraska's highest court ruled that a man whose ex-wife may have lied to him about being the father of their child cannot sue the woman for fraud and emotional distress. Why not?

IN ANY other realm of the law this would be a classic case of fraud. Robert Day had already been divorced from his wife for six years when he realized he was out of town when she conceived. A DNA test proved with 100 percent certainty that Adam wasn't his. Well Robert Day alleged that mom lied about her due date to fool him.

He had paid child support, medical expenses and even half of his wife's employment-related daycare costs after their divorce. She's since remarried. The court cited a number of psychological studies about the importance of parents bonding with children and held "In effect Robert is saying he's not my son. I want my money back" and that the lawsuit "Has the effect of saying I wish you'd never been born to a child."

No, it says "You lied to me, I want my money back," and the lawsuit has the effect of saying "I wish you hadn't lied and now hope you'll go after the real father for the money you snookered me from me." Look, these cases are difficult and different. If the result would be that the child would suddenly go hungry or lose his home, those special circumstances should matter, but that should be the exception.

The court's opinion focuses solely on public policy. How is it good public policy to encourage a philandering woman to lie? Why shouldn't she at least have to seek out the real father to make him pay?


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To: BuddhaBoy
You are such a moron. God help any children that come around you. You'd probably elbow a kid out of the way to get a spot on the bus, huh? Equal treatment, after all. Why should a kid get a seat when you can't?

You make me sick.
121 posted on 11/29/2002 11:17:56 AM PST by Morrigan
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To: Clara Lou
The women of America applaud your point of view and fervently hope that you have actually put it into practice in your own life."- Clara Lou.

Ugly is in the eye of the beholder, dear.

Your snide comment was the beginning of the degredation of this thread, and if you are not smart enough to recognize that then you really are beyond help.

You speaking for 'the women of america' should alarm, if not offend them, as you havent the right.

122 posted on 11/29/2002 11:19:11 AM PST by BuddhaBoy
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To: Morrigan
And if you have to be slightly uncomfortable for a few years in order to make a kid happy, oh well. I'm not saying that these guys should be forced to pay for kids that aren't theirs.

Apparently, in this case, you are.

What I AM saying is that ultimately lying about your child's paternity hurts your child more.

How did the man who has been forced to pay for a child that was never his lie about the paternity?

Let's confiscate 10% of your paychecks for the next 10 years and give it to a kid who needs to have "a real childhood", and that you haven't seen in 7 years (maybe some neighbor child from a neighborhood you used to live in). After all, it only inconveniences you, and children are more important than you.

123 posted on 11/29/2002 11:19:17 AM PST by Teacher317
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To: Morrigan
You are an emotional wreck. Go away. Or better yet, try thinking instead of feeling sometime.
124 posted on 11/29/2002 11:20:01 AM PST by BuddhaBoy
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To: Clara Lou
"Why don't you say what you mean the first time instead of editing later?"

The post she is refering to was #90. If you look, you will see that I didn't "edit it" later.
125 posted on 11/29/2002 11:21:39 AM PST by babygene
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To: BuddhaBoy
To: Balto_Boy As I keep saying to any man who would listen, that it is CRAZY for a man to marry and have children under our current legal conditions in America. Once a man's name is on a marriage certificate and/or birth certificate, he will in one way or another end up an indentured servant at the point of a government gun. Just say no, Men. 8 posted on 11/29/2002 9:39 AM CST by BuddhaBoy [ Post Reply | Private Reply | To 1 | View Replies | Report Abuse ]
So, you said it, but you didn't mean it? How is it "ugly" for me to support your own posted serious remarks? You really do have a sadly and/or conveniently) twisted mind.
126 posted on 11/29/2002 11:25:43 AM PST by Clara Lou
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To: Morrigan
"Why should a kid get a seat when you can't? You make me sick."

There is nothing is his posts to suggest he would elbow a child out of the way to get a seat on a bus. Of course, when I was younger, it was respectful to give up your seat to an elder, but things have changed. (And he does not have the power to make you sick.)

127 posted on 11/29/2002 11:26:19 AM PST by Enterprise
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To: Morrigan
Are you a man or a woman? I suspect you are a woman. If you are it's OK, but knowing your sex might help up put your posts into perscective.
128 posted on 11/29/2002 11:27:37 AM PST by babygene
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To: Clara Lou
You have a serious problem. I didnt direct my post directly at another individual. Do yourself a favor and dont post to me. You are logically deficient, and I have no desire to embarass you further.
129 posted on 11/29/2002 11:28:32 AM PST by BuddhaBoy
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To: Enterprise
Save it; the emotions have taken over, she/he cant hear you.
130 posted on 11/29/2002 11:29:12 AM PST by BuddhaBoy
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To: Balto_Boy
Sounds like the "wife" might be engaged in a conspiracy to defraud. The "ex-husband" should have recourse against the "boyfriend". Also, let the "boyfriend" should be made to start picking up the tab from here on out.

Perhaps if a few of the honey dippers are burned for support it might make them stop coveting the neighbor's wife.

131 posted on 11/29/2002 11:30:25 AM PST by F-117A
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To: Dutch-Comfort
>>In my humble opinion, the law should require a woman to get a signed and notarized document from any male that she sleeps with before she sleeps with him that any results of his sperm meeting her egg are his financial responsibility. Without it, she should then have sole responsibility for the results<<

The English common law, and the law of the United States prior to 1972, was exactly that (without the notarized statement).

Children born out of wedlock were the responsibility of the mother (no child support under any circumstances). This was because, in the case of sluts, you can never be sure who the father is.

Children born within marriage were the responsibility of the husband.

132 posted on 11/29/2002 11:30:50 AM PST by Jim Noble
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To: Morrigan
You know why kids' lives are more important that grown-ups? Because they are f##king kids, that's why.

The government should not support fraud. What makes anyone believe that the child will benefit from this money anyhow? The nonfathers forced to pay support to children that aren't theirs aren't giving the child the check, they're giving lying whores the check.

133 posted on 11/29/2002 11:32:25 AM PST by FITZ
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To: Jim Noble
and the law of the United States prior to 1972,

Could you point me to that law, Jim? I would love to read about how it was abandoned, as if we didnt already know.

Thanks.

134 posted on 11/29/2002 11:33:00 AM PST by BuddhaBoy
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To: kilohertz
Besides, the man wasn't suing the child, but the adulterous mother, for money he paid her under a pretense. He was taken advantage of, and should have done what he could to recover his money.

I basically agree with you, it's just a shame the child has to grow up being raised by a woman who would do this kind of thing. What kind of future can a child that is raised by someone that unethical have? Too bad there isn't some better way.

135 posted on 11/29/2002 11:34:51 AM PST by FITZ
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To: BuddhaBoy
You have a serious problem. I didnt direct my post directly at another individual. Do yourself a favor and dont post to me. You are logically deficient, and I have no desire to embarass you further.
~snicker~ Your'e here venting your spleen publicly. You've obviously got a HUGE chip on your shoulder, I repost your original words (which you seem meant at the time, but now you don't?), and that's all you've got to say? Someone is embarrassed all right, but it's not me.
136 posted on 11/29/2002 11:35:28 AM PST by Clara Lou
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To: Clara Lou
Still here? I dont know why. You dont understand a single post. I doubt you understand your own. You can have the last word, I have no need to converse with you.
137 posted on 11/29/2002 11:38:15 AM PST by BuddhaBoy
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To: FITZ
What kind of future can a child that is raised by someone that unethical have?

Life isnt fair.

You dont compound one wrong with another. No man should be forced by the government to raise another man's child.

The woman who committed the fraud should be charged with the expense of finding the real father, who should be paying instead of the duped man.

However, if women didnt have the Courts to depend on in these cases, they might think twice about becoming pregnant or sleeping around in the first place.

138 posted on 11/29/2002 11:40:53 AM PST by BuddhaBoy
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To: BuddhaBoy
You dont compound one wrong with another. No man should be forced by the government to raise another man's child.

I know ---it's sort of like the forced welfare/charity programs we have ---the government only promotes fraud and irresponsibility when it forces one group to provide for another group with the second group not to be held accountable in any way. The Constitution never gave the government this kind of control over our lives.

139 posted on 11/29/2002 11:49:46 AM PST by FITZ
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To: IronJack
But the court had its reasons for ruling as it did, and the opinion spells them out pretty clearly.

Yes the court had its reasons, none of which are based on the law. Social agendas are un-constitutional.
140 posted on 11/29/2002 11:53:05 AM PST by Crusader21stCentury
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