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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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1 posted on 11/29/2002 7:08:00 AM PST by Balto_Boy
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To: Balto_Boy
Bump
2 posted on 11/29/2002 7:13:31 AM PST by facedown
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To: Balto_Boy
It's the timing. If you want to question paternity, do it in the nine month grace period.
3 posted on 11/29/2002 7:20:23 AM PST by RGSpincich
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To: Balto_Boy
Lied? Maybe the slut just didn't know.
4 posted on 11/29/2002 7:24:13 AM PST by Ditter
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Comment #5 Removed by Moderator

To: Dutch-Comfort
There is no nine month grace period, merely an excuse to commit murder for selfish reasons.

Don't confuse my statement to mean that I think the pregnancy should be terminated. It is easier to bring valid paternity questions to court if the child is still unborn. The lack of emotional and financial attachment will help set a non-father free.

6 posted on 11/29/2002 7:33:16 AM PST by RGSpincich
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To: Balto_Boy
Maybe they should start giving child custody to the parent best able to provide and care for the child. It doesn't seem right that any type of woman can expect to get 1/4 to a 1/3 of someone's income for 20 years through fraud.
7 posted on 11/29/2002 7:33:20 AM PST by FITZ
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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 7:39:15 AM PST by BuddhaBoy
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To: Balto_Boy
The court opinion is a little meatier than this would lead you to believe. It would behoove folks to read the decision before forming an opinion. Not to say I in any way applaud this ruling; I consider it an abomination. But the court had its reasons for ruling as it did, and the opinion spells them out pretty clearly.
9 posted on 11/29/2002 7:43:12 AM PST by IronJack
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To: Balto_Boy
Women who do this are disgraceful.

But, okay guys, why are you marrying this type of girl? There are a LOT of single women out there, most of them would not act this way.

Find a good girl who is straight edge, doesn't do drugs, drink , smoke and is faithful.

It's not that hard to do.
10 posted on 11/29/2002 7:47:19 AM PST by I_Love_My_Husband
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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.
That's a mighty convenient solution, isn't it? -- for men, that is. Why not make it the man's responsibility to have her sign the paper. After all, he's the one who wants to avoid being held responsible.
11 posted on 11/29/2002 7:47:24 AM PST by Clara Lou
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To: IronJack
Wife lied to him.
Kid not his.
Fraud.
Case closed.
12 posted on 11/29/2002 7:49:36 AM PST by Gunrunner2
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To: Clara Lou
Why not make it the man's responsibility to have her sign the paper.

That might work too. The man who doesn't want to support a child that might result, should present the woman with the paper and have her sign it before they conceive that child stating he will not be financially responsible for it.

13 posted on 11/29/2002 7:50:49 AM PST by FITZ
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To: BuddhaBoy
The women of America applaud your point of view and fervently hope that you have actually put it into practice in your own life.
14 posted on 11/29/2002 7:52:31 AM PST by Clara Lou
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To: Clara Lou; Dutch-Comfort
Men are morally responsible for where they place their seed...tricked or not. Irresponsible men (and women) and the fostering of illegitimacy are in the top 5 of problems in our nation and culture bringing about our ruination.

Sex has consequences for both participants in my view.
15 posted on 11/29/2002 7:53:10 AM PST by wardaddy
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To: Balto_Boy
I think the man should be able to sue for fraud, personal injury, and to get his funds back in this kind of situation.

American justice should go even farther than that, when a woman falsely accuses a man of rape, she should be given the prison time that he would have had to endure.

A person doesn't have to be personally involved to be sick of the double standard handed to men. I have a son coming up and I want to know that he can count on the American justice system to extend him the justice that is his due as an American should he need it.
16 posted on 11/29/2002 7:55:26 AM PST by MissAmericanPie
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To: Balto_Boy
What a creep this guy is. Nice way to treat your kid.

And stupid as a block of wood to boot.

17 posted on 11/29/2002 7:57:12 AM PST by tallhappy
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To: Clara Lou
Save it, I am talking to men. I dont expect a female to understand. You typically personalize a general statement, in order to deflect. Post to others, dont waste my time.
18 posted on 11/29/2002 8:02:25 AM PST by BuddhaBoy
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To: Balto_Boy
IMHO, a man ought to be able to sue a woman for dang near anything! She's there, ain't she? ~8^[
19 posted on 11/29/2002 8:06:21 AM PST by advocate10
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To: BuddhaBoy
You, are obviously, not a man.

A boy, maybe.

I always get a kick out of the weird psychological problems one encounters here.

Fojiao, BOY - an apt name for you.

20 posted on 11/29/2002 8:08:37 AM PST by tallhappy
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To: I_Love_My_Husband
Find a good girl who is straight edge, doesn't do drugs, drink , smoke and is faithful.

Can you help me find Santa Claus and the Easter Bunny too?

21 posted on 11/29/2002 8:11:03 AM PST by Momaw Nadon
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To: BuddhaBoy
Hey, I was just offering approbation for your stated point of view! A girl can't even be nice. :D
22 posted on 11/29/2002 8:11:10 AM PST by Clara Lou
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To: Gunrunner2
Wife lied to him.
Kid not his.
Fraud.
Case closed.

Correction for you, rum runner,

Wife lied to him.
Fraud.
Kid still his.
Case closed.

I suppose you support other liberal ideas like stupidity or feeling sorry for someone allows them to shirk responsibility or be exonerated for crimes.

23 posted on 11/29/2002 8:12:05 AM PST by tallhappy
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To: BuddhaBoy
BINGO!. Unfortunately this is one of those sage points of wisdom that come to to many men after the age of 40. File it under "If I knew then what I know now"
24 posted on 11/29/2002 8:14:58 AM PST by L`enn
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To: tallhappy
Tell ya what, genius;

Why dont you save it for someone who cares? You dont know me, and suggesting so, proves your own ineptitude.

25 posted on 11/29/2002 8:20:50 AM PST by BuddhaBoy
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To: Gunrunner2
Tell it to the court.
26 posted on 11/29/2002 8:22:53 AM PST by IronJack
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To: tallhappy
"Rum runner?"

Okayyyy. . . .

Kid is not his genetically.
The kid is not his.
Case closed.

Regarding the rest of your post, perhaps there are other people out there that can translate what the heck you are talking about.

Have a nice day.
27 posted on 11/29/2002 8:23:18 AM PST by Gunrunner2
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To: BuddhaBoy
"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. "

I think you have overstated your case here. Lots of men get married, stay married, have kids and never have any government agents show up at their door. It's just important to pick the right woman and treat her well. As it always has been.

28 posted on 11/29/2002 8:23:39 AM PST by Jack Black
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To: BuddhaBoy
Tell you what, boy, how bout you keep it to yourself if you want to back down and cry for mercy.

Why am I not surprised you run away like a chicken, boy.

29 posted on 11/29/2002 8:24:48 AM PST by tallhappy
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To: L`enn
Well, I'm not 40 yet, but thanks.

Some silly people want to suggest that this is some personal agenda of mine, which is just nuts.

The simple fact is; men are at a serious disadvantage these days when it comes to a woman scorned.

With one word, a woman can have a man removed from his home and restrained from it as well, whether he did anything or not.

Now, the courts want men who didnt father children to pay for them, just because they happen to have a buck or two, while ignoring obvious fraud against him.

I dont know why any man would want to take that risk until things change.

30 posted on 11/29/2002 8:24:52 AM PST by BuddhaBoy
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To: tallhappy
You are an idiot.
31 posted on 11/29/2002 8:25:15 AM PST by BuddhaBoy
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To: IronJack
Ya. . .maybe, but I fear the court does not allow fairness and common-sense.

Cheers.
32 posted on 11/29/2002 8:25:54 AM PST by Gunrunner2
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To: Gunrunner2
So genetics is all?

When you take responsibility for a child, the child is nothing? Not human? Just an object.

You returm it when you see it is the wrong brand name?

Pathetic, man, pathetic.

Some people know how God sets us apart from the animals. Some (eg rumrunning drunkards of the literal and figurative sort) don't.

I thank you for clarifying your position that a baby one might raise from birth is actually no more than a pair of shoes to you.

33 posted on 11/29/2002 8:29:30 AM PST by tallhappy
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To: Balto_Boy
Robert Day had already been divorced from his wife for six years when he realized he was out of town when she conceived.

It took him six years (or longer) to figure out he was out of town and this wasn't his kid?!!! 'Nuff said.

34 posted on 11/29/2002 8:30:54 AM PST by AlaskaErik
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To: BuddhaBoy
Good one, boy. Your making your point all so well.
35 posted on 11/29/2002 8:33:09 AM PST by tallhappy
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To: Gunrunner2
Kid is not his genetically. The kid is not his. Case closed.

That's not the case in all states. In my state, if a child is born to a legally married man and woman, the child is legally theirs, and the husband is responsible financially for the child. I don't think that a paternity/support suit can be filed against the biological father in this situation.

CASE NOT CLOSED

36 posted on 11/29/2002 8:33:22 AM PST by WarEagle
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To: BuddhaBoy
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.

Just part of the greater liberal scheme to destroy America by destroying the family.

37 posted on 11/29/2002 8:33:27 AM PST by AlaskaErik
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To: tallhappy
In the lexicon of today, "Whatever"

If the guy wishes to maintain a relationship, that is his choice, but to compell him to pay for his wife's evil deed, that is hardly fair and right.

By making the guy pay that only makes him a checkbook, no more, as long as he keeps paying everything is just peachy.

Go after the genetic father and make him pay. What's wrong with that?

I guess if one wants to be a doormat, that is a personal choice.

Hugs to all, bye (been hitting the rum early today--hic*).
38 posted on 11/29/2002 8:39:03 AM PST by Gunrunner2
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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."

Ummmm, maybe something like a certificate of marriage, maybe?

This is just another example of what happens to a society when it allows the institution of marriage to become perverted.

39 posted on 11/29/2002 8:39:45 AM PST by nightdriver
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To: WarEagle
The point is: it should be--buh bye.
40 posted on 11/29/2002 8:39:55 AM PST by Gunrunner2
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To: Dutch-Comfort
Shouldn't she also be required to carry said baby to term? Not fair if he wants the baby and she decides to get an abortion.

At a minimun, she should be required to get the father's permission, in writing, if she wants an abortion or wants to put the baby up for adoption. Either the baby is 50-50 or all bets are off.

41 posted on 11/29/2002 8:42:19 AM PST by robertpaulsen
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To: MissAmericanPie
Nice post, #16.

I have advocated the prison term for lies about rape myself. Excellent to see someone else has an understanding of Justice.

42 posted on 11/29/2002 8:44:16 AM PST by DAnconia55
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To: BuddhaBoy
Just say no, Men.

My, my, you are naive. Men haven't said no since Eve gave the apple to Adam and you'll never change it.

43 posted on 11/29/2002 8:50:33 AM PST by shiva
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To: FITZ
This wouldn't work. Two people cannot conspire to take away the rights of a third (the newborn). The child is entitled to financial support.

IMO, it should be the biological father and mother unless other arrangements are sanctioned by a judge (ie, adoption, foster parents, etc.).

44 posted on 11/29/2002 8:50:46 AM PST by robertpaulsen
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To: Gunrunner2
I see you miss the point altogether.

A child you raise is not a pair of shoes.

It's not something to return if you find out you've got the wrong one by mistake.

I think you get it and actually are getting the point.

45 posted on 11/29/2002 9:01:01 AM PST by tallhappy
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To: Balto_Boy
Have any of you read this little piece of info?

http://webmd.lycos.com/content/article/1728.56699

Men Liberation!! Men will soon be burning their jock straps.

46 posted on 11/29/2002 9:01:47 AM PST by shiva
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To: Clara Lou
Why not make it the man's responsibility to have her sign the paper.

Because the law assigns custody rights to the woman. Rights and responsibilities should go together.

47 posted on 11/29/2002 9:06:44 AM PST by inquest
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To: WarEagle
"In my state, if a child is born to a legally married man and woman, the child is legally theirs"

So to be fair, if I'm married and have an fling with some other women, the offspring should be the responsibility of my wife? It should be legally hers because she is married to me?
48 posted on 11/29/2002 9:11:38 AM PST by babygene
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To: Momaw Nadon
Oh man, you better hope you have your Nomex coveralls on, 'cause you could get flamed big time for a comment like that (although I'm in full agreement with you!). Whatever you do, don't mention prenutual agreements...you'll be skinned alive!

Scouts Out! Cavalry Ho!

49 posted on 11/29/2002 9:15:07 AM PST by wku man
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To: tallhappy
" A child you raise is not a pair of shoes."

I suspect from the way you are talking, you have been in this situation... SUCKER!
50 posted on 11/29/2002 9:15:20 AM PST by babygene
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