Paternity tests/Fathers rights/Child support

[Geez-A]

My sisters boyfriend has an ex in New Zealand who is claiming her child is his and through the NZ court is suing him for what now is a total of $41 000 and 21% of future gross earnings. He has no rights to the kid and she did not have to provide DNA proof he is the dad.

Anyone else in similar situations?

 

[LSpace]

nah, but i have heard heaps of similar stories.

[fair enough, this rant topic doesnt belong here]

 

[fizzygirl]

wtf is fake equality?

i would think if she can't prove that he's the father, she'd have a difficult time getting child support from him...courts require evidence like that, at least in the u.s.

 

[Christian Soldier]

What's his lawyer say?

 

[starlightgemini]

I'm from the USA, so I'm not familiar with laws in New Zealand. In the USA, they would need DNA testing to prove it, and unless they could prove the father was a danger to the child, or unless the mother filed for sole custody and was granted it, the father would have rights to the child if he wanted it. (at least, from what I understand)

I hope your friend has a lawyer, and a good one. It sounds like he'll need it

 

[LSpace]

Okay, so i need to ask for some more specific information. The way i am reading it at the moment, it sounds as if this child has been completely unknown to the sister's boyfriend until the court case has arisen. So, assuming that it actually IS his child, then the ex would have to have been pregnant at the end of their relationship. Which means that after they broke up, she did not tell him about the child, but continued to have it anyway. Now, call me crazy, but right THERE, that should automatically remove him from the picture concerning her ability to demand money off him in court. but it doesnt.

And if it isnt his child, why the hell should he be forced to acquire a good lawyer? Why is it okay for the courts to automatically side with the female? Which is what the laws are doing.

I can't offer any advice, except perhaps surely, even though she didnt need a DNA test, he can demand one to prove the paternity?

 

[Geez-A]

The guy was in Europe when she filed for paternity in NZ therefore was not in court when on the date, therefore he was decided to be the father in his absence. He wants the kid to be his and do the right thing but not be taken advantage of.
His main problem is that the NZ govt are taking a percentage of GROSS earnings and also not taking into account he has 2 other kids to support.

I don't believe I was ranting- I would like to hear from others who have been in a similar situation themselves or have friends/family going through this as it seems fathers rights are being ignored by today's laws.

He is paying for the mother and the kid to come to Perth and while they are there he is going to obtain a DNA test but it seems the NZ court have already decided he is the dad.

 

[honEbee]

Well if they have new evidence (the DNA test) then perhaps he could get a new trial. I'm not positive on this though.

I'm going to send a duplicate copy to the Legal Q&A Forum. You might get some better responses there.

 

[Beatlebot]

This is just an aside, but you might want to tell the guy about condoms. Handy for not getting women pregnant.

His main problem is that the NZ govt are taking a percentage of GROSS earnings and also not taking into account he has 2 other kids to support.

Condoms are so much cheaper.

 

[SilverFeniks]

Based on what I recall hearing in the past, I would have to disagree with both Starlightgemini and Lspace.

Lspace - Just because you are unaware that you fathered a child in no way abdicates you from legal responsibility of supporting that child.

Also, I vaguely remember a court decision somewhere (I recall this because I thought it was absolutely terrible) in which a man was held responsible for supporting a child which was proven to not be his. I think in this case he might have helped raise the kid, and upon finding out it wasn't his, tried to get his $$ back, and the court wouldn't let him.

But generally, I'd think that if the defendant demanded a paternity test, the Judge would let the decision rest upon that evidence alone. It would be a clearcut determinance of responsibility.