Non-dad on hook for child support
Calgary Sun, Edmonton Sun, By TONY BLAIS, SUN MEDIA
EDMONTON -- An Edmonton judge has decided a divorced dad has to make child support payments, even though the child isn't his. Justin Sumner had an on-again-off-again relationship with the woman he eventually married, Dawn Sumner.
She already had a child from a previous relationship with a man named Rob Duncan, and as she and Justin broke up and reunited, Dawn was sexually involved with both men.
When she found she was pregnant, she called Justin, who recognized there was a possibility that Duncan was the father, but later concluded he was the dad.
When Rhylee was born, Justin was registered as her father, and the Sumners later wed the day before Rhylee's first birthday.
After the couple separated in 2003, and divorced in December 2004, Justin sought primary custody of the child.
However, after learning, via DNA tests, that Rhylee wasn't his, Justin sought to have support payments terminated.
In his decision, Court of Queen's Bench Justice Sterling Sanderman wrote Duncan avoided his obligations, and Dawn is prepared to relieve him from responsibility because Justin has Read More ..ney.
"Although she adopts a rather practical solution from her perspective, it is crass and opportunistic," said the judge, who accused all three of ignoring Rhylee's best interests.
Sanderman ruled Justin must keep paying support, because case law dictates that once a person has made a commitment to stand in the place of a parent, that person must continue to do so if capable.
But Sanderman ruled Justin's payments should be cut in half and Duncan should share the obligation.
18 March, 2005
Proposed new laws will make it easier for fathers to recover child maintenance payments if DNA testing reveals that they are not the child's father.
The Family Law Amendment Bill 2005 allows people who wrongly believed they were the parent of a child to recover any child maintenance paid or property transferred under an order of a court under the Family Law Act 1975 .
"The bill is intended to make it easier for people who find themselves in this position to take recovery action without the need to initiate separate proceedings for an order from a court of civil jurisdiction, such as a State, Local or Magistrates court," Attorney-General Philip Ruddock said. Read More ..
February 5, 2005
If men knew more about family law, they'd run screaming from single mothers prowling for relationships and father figures for their children.
Any lawyer will tell you that the nature of your relationship with a child - not biology - determines whether you're on the hook for child support.
Sperm has nothing to do with it, the Supreme Court of Canada ruled a few years ago. Read More ..