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View Full Version : The kid is not his but the state still making him pay child support



Total_Blender
05-14-2009, 03:59 PM
http://i134.photobucket.com/albums/q104/midvalley9/not_the_father.gif

http://www.wsbtv.com/news/19452002/detail.html


ATLANTA -- Larry Durden, an unemployed mason worker, told Channel 2 Action News reporter Tom Regan that he is being threatened with jail time if he doesn’t continue paying child support for a child he says is not his biological son.Durden, who says he is the victim of paternity fraud --- the act of falsely naming a man as the biological father of a child, said he assumed the boy was his son for 10 1/2 years.

WEB EXTRA: Citizens Against Paternity Fraud (http://www.paternityfraud.com/) "I mean, he looked like me. I thought he looked like me," said Durden.But a few months ago, Durden said he started having doubts, and contacted a DNA testing lab. He took a paternity test and the results took him by surprise."It said "0"… he's not mine. So you know, that hurt … it grabbed me," said Durden.

Despite genetic evidence that Durden didn't father the boy, the state is forcing him to continue paying $500 a month in child support. And he's far from alone.One of every three men who take a paternity test discovers a child they believed was theirs is not."They say 25 to 30 percent of all men who get tested find out that they're not the father," said family lawyer Randy Kessler. "That's a high number. Married, non-married, divorced ... that's going on a lot."The state of Georgia can go after the men for child support and if they don't pay, the state can garnish their wages, revoke their driver's licenses and even put them behind bars."When you find out he's not your kid, it hurts because you still love him. But you don't want to pay child support for a kid that ain't yours when you got a family of your own to take care of," said Durden.

Kessler told Regan that he often deals with men who spend years raising a child under the false belief that it's their own."If a woman is having an affair, the last thing she wants to do as the child is being born is say, 'Uh, by the way, that baby you're holding in your arms may not be yours,'" said Kessler.

Kessler represented Carnell Smith, who became one of the leaders in the war on paternity fraud.Smith's battle began with a call from an ex-girlfriend who said he was the father of her baby girl."I believed the child was mine, she said the child was mine, and it took me 11 years to find out that was absolutely not the truth," said.Smith challenged the child support decree, and personally took the case all the way to U.S. Supreme Court.The high court refused to hear it, but his well-publicized crusade led Georgia to reshape its paternity law.

Ex-husbands and out-of-wedlock fathers can petition to end child support through DNA evidence. But there's a catch."If you don't file it exactly as it is written, you don't avail yourself to the relief.""The law makes it a little easier to quote "get off the hook" for the obligation, but you still have to do it right," said Kessler.One of the rules requires anyone fighting child support to file a challenge within three months of finding out they are not the biological father. Missing that deadline could hurt their case."If you don't do it within 90 days, the court is still allowed to give you relief. It is permissive relief, but it's a case-by-case decision and it's up to the judge."

A judge will hear Durden’s case in June. He hopes to get more sympathy in court than what he's received from the county authorities. They threatened to throw him in jail if he doesn't pay them more than $1,000 in back child support -- for a child that isn't his own."I'm falling behind on my bills because I got to pay for a kid that's not even mine. It's crazy."

Sucks to be him :screwy:

uproot
05-14-2009, 04:01 PM
There's no way that should be able to hold up...

Vteckidd
05-14-2009, 04:04 PM
well im betting there is more to that story. They prob dont accept the DNA test he got, he prob needs to use one the court supplys him

RL...
05-14-2009, 04:04 PM
And GA government fails us again....lol

Typical. No alcohol on sundays. We have to pay for kids that aren't ours. We get taken to JAIL for traffic violations. I miss florida...:(

redrumracer
05-14-2009, 04:04 PM
yea it sucks but as far as the kid is concerned he is his daddy prob. no matter the outcome i think the child will be the real victim in the end.


but i dont think he should pay support and let a whore get his money.

RL...
05-14-2009, 04:06 PM
There's no way that should be able to hold up...

You're right, but the gov seldomly does things that are logical and actually HELP it's citizens. The "seperate but equal" law held up for decades. Which was 100% bs. So....:thinking:

B18c1Turboed
05-14-2009, 06:22 PM
Damm he getting off cheap. I Pay 630 a month plus health insurance. Atleast i know shes mine..... I HOPE!!!!! :)

Brick
05-14-2009, 07:09 PM
Damm he getting off cheap. I Pay 630 a month plus health insurance. Atleast i know shes mine..... I HOPE!!!!! :)

That is absolutely ridiculous.

BanginJimmy
05-14-2009, 09:04 PM
There needs to be a law written that a DNA test has to be done as part of any child support case. The tests are relatively cheap and could save people thousands of dollars. It would also save the state many thousands of dollars a year in the adjudicating of these cases.

AnthonyF
05-14-2009, 09:07 PM
Fake Death.

-Ant.

tdurr
05-14-2009, 09:31 PM
^^ plane crash then ride a Harley into the next town?

Hektik
05-15-2009, 09:39 AM
the gov wont help him because they know theres a small chance of finding the real father so tehy will no longer get their cut of the child support payments. i think he should be able to sue the slut for all the money he's already paid her lying ass

87 Turbo II
05-15-2009, 01:02 PM
So some slut can sleep with you, then cheat on you, have another man's baby, claim it's yours, and if you don't prove that bitch wrong in 3 months, that means you legally have to pay for it? You are paying to be cheated on? How is that fair? That is such bullshit.

ShooterMcGavin
05-15-2009, 05:27 PM
pwnt?