His case was thrown out.

SOURCE


Judge tosses out lawsuit from man contesting child support

Associated Press


"A federal judge has dismissed a lawsuit filed by a men's rights group on behalf of a Saginaw County man who said he shouldn't have to pay child support for his ex-girlfriend's daughter.

U.S. District Judge David Lawson in Bay City ruled Monday that Matthew Dubay's suit was frivolous and ordered him to pay attorney fees to the state.

Dubay, 25, of Saginaw Township, had said his ex-girlfriend, Lauren Wells, knew he didn't want to have a child and she assured him she couldn't get pregnant because of a medical condition.

He argued that if a pregnant woman can choose among abortion, adoption or raising a child, a man involved in an unintended pregnancy should have the choice of declining the financial responsibilities of fatherhood.

But Lawson disagreed and rejected Dubay's argument that Michigan's paternity law violates the U.S. Constitution's equal protection clause.

"The fundamental flaw in Dubay's claim is that he fails to see that the state played no role in the conception or birth of the child in this case, or in the decisions that resulted in the birth of the child," Lawson wrote.

The National Center for Men in Old Bethpage, N.Y. - which prepared the suit - nicknamed it "Roe v. Wade for Men" because it involves the issue of male reproductive rights.

Dubay sued the Saginaw County prosecutor and Wells in March, contesting an order to pay $500 a month in child support for a girl born last year to Wells.

Michigan Attorney General Mike Cox later intervened in the case and argued for its dismissal.

"If chivalry is not dead, its viability is gravely imperiled by the plaintiff in this case," Lawson wrote.

Dubay earlier acknowledged the suit was a long shot.

A message seeking comment was left with his lawyer after work hours Tuesday"


I'm going to research the filing in Pacer. It's nice to read the actual filing.