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BrAiN
Art Fag

Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
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some judges need to be shot
#7709923 - 12/03/07 08:32 AM (16 years, 1 month ago) |
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http://www.nypost.com/seven/12022007/news/regionalnews/perm_wail_by_donor_901096.htm
Quote:
December 2, 2007 -- A sperm donor who sent gifts signed "Dad" to his biological son has been slapped with a child-support order, 18 years after helping his friend get pregnant.
The Nassau County man donated his sperm to a work colleague, and included his name on the child's birth certificate, saying it would give the boy an identity, courts documents revealed.
He then blurred the lines between donor and full-time father by sending money, presents and cards signed "Dad" and "Daddy," and having phone chats with the now college-bound teen.
But the man's goodwill backfired: A court ruling says he is now liable for financial support of the 18-year-old, who lives with his mother in Oregon.
"It really is no good deed goes unpunished," said the man's lawyer, Deborah Kelly of Potrush and Daab in Garden City.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: some judges need to be shot [Re: BrAiN]
#7709947 - 12/03/07 08:42 AM (16 years, 1 month ago) |
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So its okay to be a dead-beat sperm doner, but not to support your son? If you do the former its fine, but the later you're suddenly in all the way? I'll have to find the opinion on this one.
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Silversoul
Rhizome


Registered: 01/01/05
Posts: 23,576
Loc: The Barricades
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Re: some judges need to be shot [Re: BrAiN]
#7709971 - 12/03/07 08:54 AM (16 years, 1 month ago) |
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If the kid is 18, why does not need to send child support? Isn't he legally an adult now?
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BrAiN
Art Fag

Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
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Re: some judges need to be shot [Re: johnm214]
#7709975 - 12/03/07 08:55 AM (16 years, 1 month ago) |
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True the guy shouldn't have done all the "dad" stuff, it might fuck with the kid's head.... but is that what draws the line between abeing liable for the kid or not? The anonyminity of the sperm donation?
Regardless of whether or not he's responsible for child support.. he isn't even a CHILD! He's 18. If the kid is old enough to be booted out of the house you shouldn't have to pay shit to him.
There are TWO things wrong with this situation.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: some judges need to be shot [Re: BrAiN]
#7709978 - 12/03/07 08:58 AM (16 years, 1 month ago) |
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Well I wasn't arguing against you, just saying the absurdity of law that requires support for your kid, yet if your a donor it doesn't... but then if you help anyways, your in all the way.
But a misconception of child support is that its over when your 18. Many states don't have that cutoff... some have it when they graduate highschool, some even have ordered parents to pay for college.
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BrAiN
Art Fag

Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
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Re: some judges need to be shot [Re: johnm214]
#7709987 - 12/03/07 09:06 AM (16 years, 1 month ago) |
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Pay for college? Hah! That's ridiculous.
I suppose this guy's idiocy lead to his downfall.. he should have had the girl who was inseminated sign a contract.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: some judges need to be shot [Re: BrAiN]
#7710065 - 12/03/07 09:43 AM (16 years, 1 month ago) |
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Performance of the parties alters the contract. Check out the uniform commercial code. Unspoken mutual agreeement is a valid modifier, subject to statute of frauds limitations.
But yeah, some states have had courts order the divorced non-custodial parent to pay for college. Mind you these same states have no law requiring parents not divorced to pay for college...
Totall bullshit. Divorce is an industry and domestic judges should mostly be dropped in a lake from what I've seen... total racket
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afoaf
CEO DBK?



Registered: 11/08/02
Posts: 32,665
Loc: Ripple's Heart
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Re: some judges need to be shot [Re: BrAiN]
#7710076 - 12/03/07 09:47 AM (16 years, 1 month ago) |
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1. child support can be sought retroactively
2. it's his own fault for not properly structuring the agreement with a legal contract.
3. the dad/daddy thing sounds sort of creepy.
-------------------- All I know is The Growery is a place where losers who get banned here go.
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BrAiN
Art Fag

Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
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Re: some judges need to be shot [Re: afoaf]
#7710095 - 12/03/07 09:55 AM (16 years, 1 month ago) |
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yea... the creepy things he did sort of bit him in the ass.
Ethically this man shouldn't have to pay for shit.
But even legally it's a grey area at best
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afoaf
CEO DBK?



Registered: 11/08/02
Posts: 32,665
Loc: Ripple's Heart
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Re: some judges need to be shot [Re: BrAiN]
#7710160 - 12/03/07 10:14 AM (16 years, 1 month ago) |
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a grey area implies an unknown...
but with the way the family courts are run in this country I think we all know how this is going to turn out for him.
-------------------- All I know is The Growery is a place where losers who get banned here go.
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
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Re: some judges need to be shot [Re: afoaf]
#7710223 - 12/03/07 10:38 AM (16 years, 1 month ago) |
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> but with the way the family courts are run in this country
Woman lies saying child is his; he pays child support. Technology changes and DNA testing proves child isn't his. Court orders him to pay child support anyway. Family courts are @#$#ed up.
Edit: Though advocating violence is not the answer.
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BrAiN
Art Fag

Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
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Re: some judges need to be shot [Re: Seuss]
#7710488 - 12/03/07 11:52 AM (16 years, 1 month ago) |
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In this case, technically the child *IS* his in a biological sense, however it's a grey LEGAL area. Through standard anonymous sperm donations, the donor isn't obviously required to pay anything for the kid, but the fact that the sperm was given from a friend (god it feels weird talking about sperm like its a PS2 controller) and there was probably no paperwork signed about liability makes it open to debate in the courts I guess.
It's still unethical, though, to charge him anything.
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
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Re: some judges need to be shot [Re: BrAiN]
#7710516 - 12/03/07 11:58 AM (16 years, 1 month ago) |
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> In this case, technically the child *IS* his in a biological sense
I know; just pointing out how insane the courts can by using a worse case as an example. (One that actually happened not too long ago.)
> It's still unethical, though, to charge him anything.
Without reading the judge's opinion, I really don't have enough information to make an educated judgment. On the surface, as presented here, I would agree with you. However, there are always two sides to every story...
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: some judges need to be shot [Re: Seuss]
#7710605 - 12/03/07 12:12 PM (16 years, 1 month ago) |
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Quote:
Seuss said:
> It's still unethical, though, to charge him anything.
Without reading the judge's opinion, I really don't have enough information to make an educated judgment. On the surface, as presented here, I would agree with you. However, there are always two sides to every story...
Exactly. Its quite possible the law (statutory or precedent) is bullshit, and he was simply following that.
I'll try and find the opinion, but it may not be around if its a domestic case and not an appeal, as many of the usual sources don't have these sorts of trial-level opinions.
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Mushmonkey
shiftlesslayabout


Registered: 09/25/03
Posts: 10,867
Last seen: 3 months, 12 days
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Re: some judges need to be shot [Re: BrAiN]
#7726038 - 12/06/07 08:10 PM (16 years, 1 month ago) |
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Quote:
BrAiN said: Pay for college? Hah! That's ridiculous.
I suppose this guy's idiocy lead to his downfall.. he should have had the girl who was inseminated sign a contract.
That's been tried before and the judge threw it out and made the guy pay anyway. I forget the state, and it's been a number of years, but it was a couple of lesbians. Blah blah, later they broke up, and the one who had the kid hit the guy up for child support. He said he had a contract absolving him of any parental responsibility since the OTHER woman was the child's other parent, not him, judge said "Uh, no, that's not how it works fuck you pay the bitch".
I wouldn't SHOOT any of these judges, I'd just send them somewhere they could be useful, like maybe the cold vacuum of space.
A guy I used to work with payed half of whatever he made -- however much he ever would make, he only could keep half -- to his ex wife. He had his kids half the time, though. And she lived with her boyfriend.
So here you've got a guy who's already paying for half of everything for his kids.. being forced to subsidize his wife being a lazy unemployed bitch that she was. Of course if she ever married her boyfriend, she'd lose some of that money.. but it's really easy to dodge common-law. Whole thing's just a fucking joke.. completely ignoring the fact that unless the mother is very crazy or has drug convictions, she's going to wind up with the kids as sure as the sun sets at night.
-------------------- i finally got around to making a sig revel in its glory and quake in fear at its might grar.
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BrAiN
Art Fag

Registered: 03/01/01
Posts: 6,875
Loc: Chocolate City
Last seen: 2 years, 5 months
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Re: some judges need to be shot [Re: Mushmonkey]
#7726173 - 12/06/07 08:40 PM (16 years, 1 month ago) |
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naaaa no vacuum... the judges just need to be shot.. peroid
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: some judges need to be shot [Re: johnm214]
#7726496 - 12/06/07 09:49 PM (16 years, 1 month ago) |
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Quote:
johnm214 said:
Quote:
Seuss said:
> It's still unethical, though, to charge him anything.
Without reading the judge's opinion, I really don't have enough information to make an educated judgment. On the surface, as presented here, I would agree with you. However, there are always two sides to every story...
Exactly. Its quite possible the law (statutory or precedent) is bullshit, and he was simply following that.
I'll try and find the opinion, but it may not be around if its a domestic case and not an appeal, as many of the usual sources don't have these sorts of trial-level opinions.
Like all the involved parties, the man remains anonymous because of privacy concerns. See: http://www.newsday.com/news/local/nassau/ny-lifath1201,0,762302.story
Don't know if the above is true, but it sure sounds like bullshit to me. Maybe there's an edited ruling out there somewhere w/out the parties' names
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
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Re: some judges need to be shot [Re: johnm214]
#7727157 - 12/07/07 01:13 AM (16 years, 1 month ago) |
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It is a @#$#ed up world we live in when the courts see an eighteen year old as a child and a fourteen year old as an adult depending upon the circumstances of the case. The courts need to make up their mind rather than trying to have it both ways... set a date (such as eighteen), and when you reach that date you are a full adult capable of voting, buying alcohol, joining the military, etc. Until that date, you are a child/minor, cannot vote, cannot buy alcohol, cannot join the military, etc.
-------------------- Just another spore in the wind.
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