Virtual Library of Newspaper Articles

Macomb Daily

Man, 14 when he fathered boy, must pay support

Court: Welfare of their child, not older woman's behavior, the issue.

Macomb Daily, Michigan, U.S.A., By Chad Halcom, Staff Writer, February 21, 2004

A man who claims he was seduced and exploited in his early teens by an older, married woman must pay child support to the state for the illegitimate son he gave her, the Michigan Court of Appeals decided in a precedent-setting Macomb County case this week.

************, now 29, was allegedly 14 years old when lured into sexual relations in with Laura Michelle Evelyn, then 21. Four years ago, she and her husband, David Evelyn, got divorced in New York. Testing determined that the child she bore in 1989 wasn't David's.

Now, an appeals court ruling says ********** must pay child support, even though he was under age and claims he didn't consent to sex.

"(C)hild support is to provide for the needs of the child; it is awarded without regard to the fault of either of the parents," a majority of the three-judge panel on the case ruled. "The (lower) court therefore erred by refusing to order child support because (**********) was technically the victim of an uncharged act of criminal sexual conduct."

********** contended in court, and Macomb County Chief Circuit Judge Peter J. Maceroni agreed, that if ********** is the father, then the son was conceived by a criminal act on Evelyn's part and the mother should not be allowed to profit from it. The Court of Appeals reversed the lower court ruling, however, and said child support must be decided by the interests of the child and not the parents.

"At stake here is not the mother profiting from criminal wrongdoing; what's at stake here is the child, who is entitled to an appropriately supported upbringing regardless of how he was conceived," Macomb County Prosecutor Carl Marlinga said.

Marlinga's office brought the action on behalf of the Family Independence Agency, which is trying to collect child support from **********. The prosecutor's office and FIA regularly work together on cases where the state makes welfare payments to a family with dependent children and then seeks reimbursement payments from the non-resident parent; or in cases where one state petitions another to help establish paternity of a biological parent and then collect support across state lines.

In this case, the Evelyns divorced in Macomb County in 2000 and a blood test arising from the divorce case determined that David Evelyn, Laura's husband, was not the child's father. Authorities tracked down ********** in New York, who appeared in court proceedings there in 2001 and conceded that he is the boy's father.

Neither ********** nor the Evelyns could be reached for comment Friday. An assistant prosecutor in Marlinga's office who handled the case declined to comment about it.

Officials and records indicate the sexual relations between ********** and Mrs. Evelyn, now 36, were not widely known until the Evelyns' divorce case over a decade later, and that ********** was originally unaware of the child. At the time, the statute of limitations for sex crimes against minors was six years or until the child turns 21, whichever comes later, so by the time of the divorce it was too late to prosecute for the alleged crime.

********** contends in court records that Mrs. Evelyn "plied him with alcohol and the promise of sex with an older woman to induce him" into the illicit act, and that he was not a willing participant; however, the sex would still have been a crime regardless of consent since ********** was underage. The appeals court determined that consent was also irrelevant when it comes to his child support responsibilities.

A Macomb County judge determined that the child was born out of wedlock, but that the law doesn't entitle Evelyn to child support or require the judge to give it to her. The judge then applied "equitable principles" - basically a sense of fairness and justice rather than the letter of the law to determine that ********** shouldn't be held liable for child support.

With the reversal Friday, the case now returns to Maceroni's court to determine an appropriate amount that Shire must pay in child support.

The Macomb Daily 2004

The Macomb Daily is based in Macomb County, Michigan, USA,  located immediately north of Detroit.

Paternity Fraud
UK National Survey

Paternity fraud survey statistics

Scotland's National Newspaper

96% of women are liars, honest

5,000 women polled

Half the women said that if they became pregnant by another man but wanted to stay with their partner, they would lie about the baby's real father.

Forty-two per cent would lie about contraception in order to get pregnant, no matter the wishes of their partner.

Infidelity Causes Paternity Fraud

Time magazine - Infidelity - It may be in our genes. Our Cheating Hearts

Infidelity--It may be in our genes. Our Cheating Hearts

Devotion and betrayal, marriage and divorce: how evolution shaped human love.

South Korean Husband Win Paternity Fraud Lawsuit - Associated Press

South Korean Husband Wins Paternity Fraud Lawsuit

Associated Press, USA
June 1, 2004

South Korean husband successfully sues wife for Paternity Fraud and gets marriage annulled.  Wins $42,380 in compensation   Read More ..

Paternity Fraud Philippines

DNA paternity test confirms fraud, annulment granted: judge | Visayan Daily Star Newspaper | Phillipines

DNA test confirms fraud, annulment granted: judge

The Visayan Daily Star, Bacolod City, Philippines, BY CARLA GOMEZ, February 28, 2009

Bacolod Regional Trial Court Judge Ray Alan Drilon has annulled the marriage of a Negrense couple after a DNA test showed that the child borne by the wife was not the biological offspring of the husband who works abroad.

The family court judge ruled that the marriage of the couple, whose names are being withheld by the DAILY STAR on the request of the court, was null and void.

Due to fraud committed by the wife in getting her overseas worker husband to marry her, properties acquired during their marriage are awarded in favor of the husband, the judge said in his decision, a copy of which was furnished the DAILY STAR yesterday.

The judge also declared that since the overseas worker is not the biological, much less the legitimate father of the child of the woman, the Civil Registrar is ordered to change the surname of the child to the mother's maiden name and remove the name of the plaintiff as father of the child.

The complainant said he was working as an electronics engineer in the United Arab Emirates and on his return to the Philippines in 2001, his girlfriend of 10 years with whom he had sex, showed him a pregnancy test result showing that she was pregnant.

On receiving the news he was overjoyed and offered to marry her. Shortly after he went to Saudi Arabia to work, and his wife gave birth to a baby girl in the same year.

The birth of the child only five months after their marriage puzzled him but his wife told him that the baby was born prematurely, so he believed her, the husband said. Read More ..

Paternity Fraud - Spain Supreme Court - Civil Damages

Daily Mail UK

Adulterous woman ordered to pay husband £177,000 in 'moral damages'

The Daily Mail, UK
18th February 2009

An adulterous Spanish woman who conceived three children with her lover has been ordered to pay £177,000 in 'moral damages' to her husband.

The cuckolded man had believed that the three children were his until a DNA test eventually proved they were fathered by another man.

The husband, who along with the other man cannot be named for legal reasons to protect the children's identities, suspected his second wife may have been unfaithful in 2001.

BBC logo

Infidelity 'is natural'

BBC, U.K., September 25, 1998

Females 'stray to gather the best possible genes for their offspring'

Infidelity may be natural according to studies that show nine out of 10 mammals and birds that mate for life are unfaithful.

Experts found animals that fool around are only following the urges of biology.

New studies using genetic testing techniques show that even the most apparently devoted of partners often go in search of the sexual company of strangers.

Females stray to gather the best possible genes for their offspring, while males are driven to father as many and as often as possible.

"True monogamy actually is rare," said Stephen T Emlen, an expert on evolutionary behaviour at Cornell University.

Paternity Fraud & the Criminal Code of Canada

Paternity fraud: Is it or should it be a criminal offence under the Criminal Code of Canada?

You be the judge.  Read More ..