dude, we just covered this in barbri. If you start paying child support for a kid that turns out not to be yours, you've got paternity by equitable estoppel and can't stop paying. And, of course, modification of child support never erases child support that is in arrears. The latter rule is a kick in the butt to make people seek modification promptly rather than delaying and trying to get out after the payments are already past due.

Tavis?

this is how we do it in georgia

You're right, 2, but we also learned in barbri that judges have a tremendous amount of discretion in family law matters and can vacate or alter orders pretty much as they see fit. The point of the post is that this dude is homeless and the kid isn't even his, so why don't we cut him a break?

2,

You must have missed the day in barbri where they covered Section 90 of the Restatement. That's really what's key here, and the child undoubtedly has a claim under it.

This reminds me of that song:

You wack, you're twisted, your girl's a hoe
You're broke, the kid ain't yours, and e'rybody know
Your old man say you stupid, you be like, "So?
I love my baby mother, I never let her go"

This has been a disturbing trend since the late '80s. If you are a man, you are a fool to acknowledge paternity to any child belonging to a woman that you date/marry without genetic testing. However, since the media is proclaiming an end to the recession (thanks to our saviour Barrack Obama), it won't be a big deal to place a couple of kids who you did not have the pleasure of conceiving on your private dole. Since the liberal media is saying the recession is over, it will only be a matter of time that most of you terminated associates will get a call back from the firms that fired you to come back. Rejoice, the "One" has delivered us from economic despair.

Tavis = Roxana

I knew the $3000 was worth something. Thanks, Barbri!

Does anyone know of a new development that builds ripped muscles legally?

3-

Yes, Tavis.

"And, of course, modification of child support never erases child support that is in arrears. "

Of course!! I was born knowing this.

Feels like this only happens if you have unprotected sex with someone named "Essie Lee Morrison"

Latham NY laid off more than half the first year class

Latham NY laid of 45% of associates this year.

Latham NY laid off all first years who failed the bar except for the son of a partner.

Wow. Why do people even suggest the legal system is fair and just? Guess a year of freedom for a homeless man isn't worth anything anyway.

Pretty sure this one's not gonna get fixed until the judge is jailed for non-payment of child support of a child he did not father with a woman he was not married to. Hey, someone look into that...

I'm just throwing this out there, but couldn't the child or his mother make a claim under Section 90 that they had come to reasonably rely (now to their detriment) on child support payments from the non-father? It seems that there is a colorable argument here that reliance trumps paternity under Section 90, no?

The only two lessons I learned in all of law school:

NEVER speak to:

1) the police

2) a woman you just slept with

Look on the bright side - they provided 3 hots and a cot (plus medical) for a homeless person for a year.

Are the debtors prisons for women as well?

Mystal, I never knew you went through this. I have misjudged you as a man.

Dr. Louis Ziccareli Esq LLM

5 is failing the domestic relations section of the bar exam. Payment in arrears. The guy never went to court to get his order modified.

PE, shut up. You were 2 in the late '80s. Also, I don't think you need to worry about any woman claiming that you are her baby's daddy.

18,

So true. Both want to put you in prison, literally or financially.

All good legal opinions start out with, "dude, we just covered this in barbri."

20, it's not a 'debtor prison' issue - if they *can't* pay, they can go to court and get the order modified (see 5's post). It's if they *won't* pay (because they're vindictive, selfish, and/or too lazy to go to court) that they go to prison.

Hey 22, read the article. He did go to court to get his order modfifed, he was jailed for failing to pay his past due child support after he lost his job. While he is still obligated to pay his past due amount, my point was that judges have a wide range of discretion on how to collect and what penalties to impose, and this judge was under absolutely no legal obligation to jail the guy just because he was in arrears. He could have let him slide at the very least until he got back on his feet.

I'm getting real sick of PE. Every friggin' post of his somehow weaves in Obama. Would someone from his law school please out him? I understand that it sucks to be one of the last members of the Federalist Society, but, seriously, take your soapbox down a notch. In the end, though, I guess it isn't your fault. Your brain just doesn't work as well as the rest of us-
http://www.latimes.com/news/science/la-sci-politics10sep10,0,5982337.story?coll=la-home-center

18 & 24:
Wow, bitter much? If you tend to have bad experiences with women, maybe you should consider that you are part (most? all?) of the problem...

28 - Get over yourself.

30 = PE

30 = Lat

How can you be homeless if you are in jail? Sounds like he should refuse to pay forever and enjoy the State furnished accomodations!

Where the hell did the Goat Herder go?

33: haha. There's better health benefits in jail, too.

lol on people citing barbri.

give me a break

Just be glad you don't live in Ontario Canada....wife cheats on husband has twins...dna proves husband not father...husband still on hook for child support until twins become of age... MADNESS!

http://www.canlii.org/en/on/onsc/doc/2008/2008canlii68884/2008canlii68884.html

Where is any self respecting, competent lawyer supposed to learn anything about family law other than barbri? You just cram this baloney in your head for two weeks and then flush it

You're exactly right, 17. The mother relied on his acceptance of paternity and so failed to find the real father. Therefore, she should get his money.

Then again, maybe he should get the money because he relied on her telling him of his paternity. In accepting paternit,y he relied on her untruth.

Then again, maybe she should get the money if the sex was really good and if it occurred in Nevada.

Just the other day
I learned PE is gay

37,

ATL already covered that story

http://abovethelaw.com/2009/06/white_case_attorney_sex_sexylexus.php

39-

OR, we could just do what is best for the child.

Perspective, people. Seriously.

37 - lame post. Read paras. 24-25. "The right to child support is the right of a child . . ."

This is the rule in every state. If you hold the kid out as your own, you will have to pay child support, even if it later turns out that you are not the actual father. It's not the kid's fault that his mom is a whore, and the state figures the guy should have to pay, rather than the taxpayers. If you don't like it, call your state legislator. But realize, it's not just Georgia. It's NY, CA, IL, etc. too.

35 - agreed. If the judge lets him out, he should tell his honor to "suck it" and get held in contempt for as long as he can. Oh, and don't forget the hot showers.

LETS START THE SCARE FEST TO HAVE SOMEONE OUT PE. Are you a worried SA and he's in your class? Jobs are scarce. . . you may be no-offered. But if he's in your class, its sure more likely he's gonna be no-offered than you are.

OUT PE OUT PE OUT PE. SA, CA, Michigan Law if I remember.

THANKS FOR YOUR PARTICIPATION.

Pampers & a bottle of Wesson anyone?

30- I'm pretty sure there are more people on my side of the fence than yours when it comes to PE. For the record, I used to be a PE defender until he got all wing-nut.

-28

44,

OR, if a guy doesn't like it, he could just use condoms. Then he'd know that it's highly unlikely that the baby's his.

(Also, it would have the nice benefit of fewer unwanted babies that ARE his. Just sayin'.)

47 = best comment of the day!

47 FTW

Don't forget the whip and a flock of pigeons.

not a bad post. kinda sucks to be this guy. i saw tavis smiley on celebrity jeopardy once. he lost to tucker carlson.

good to see so many barbri studiers on here. . . uppin my pass chances. :)

18 = best comment ever

partners at quinn support children that are not their own all the time. it is no big deal.

quinn stud

Anyone who needs to study so hard that they can't take a few minutes out of their day to putz around the internet two weeks before the bar is so stupid I don't want them in my profession in the first place.

PE is a cock-watcher.

44, you don't see any due process problems with your approach? I understand that since the 60s, we've swung the pendulum so far in favor of women that men (especially white men) are marginalized. See the rape shield laws if you need any evidence.

56 - failed the bar.

Comment removed by moderator.

53,

If you have to study barbri that much, you are a complete retard. It's a minimal competency test. Idiot.

28

Lighten up, PE is as PE does. If you take him seriously you are a dolt and should be summarily executed.

-Not PE but he brightens my day

I learned 10x more in Barbri than I did in law school.

Instead of a 4th year of law school, the ABA should be talking about letting Barbri give out law licenses.

The woman is a whore--the father relied
on her faithful fidelity an presumed she was a non-whore.

So he detrimentally relied on her holding out that she was
a) not a whore
b) not a lying whore
c) that the law is not a lying ass of a whore
quod errtaum

59 - jealous of people intelligent enough to pass a test without working themselves into a coma

17, it's not reasonable to rely if the b!tch knew it wasn't his kid.

pathetic, the mother should go to jail.

Women need to have some responsibility and liability for an implication of paternity where they know that there may be more than one "sperm donor". This woman was obviously not 100% sure this man was the father, yet she kept that information to herself. She should be in jail.

http://www.youtube.com/watch?v=MkGYS3nJuMQ

62, that's not true. PE used to have his "I'm an old guy and know more than you" schtick. Now, he has decided that, because he is actually a law student worried about getting a job, everything posted on ATL is Obama's fault. Old guys don't discuss politics and religion. So, this isn't Manny being Manny. PE has changed his tune, and it's not for the better.

This comment is addressed to post no. 70.

What makes you think I discuss religion and politics in my private life? I do it here because I am anonymous and the more you believe I am a peon/law student, the better my identity is protected. I recall in September of last year, I made a comment in the presence of various associates and junior partners about how Obama, if elected, will kill business. I warned that it is better to criticize an administration while employed and eating filet mignon than praising one while unemployed and hungry. Despite my advice, some foolish associates voted for the "One." Those folks do not deserve to complain because they helped create the problem. Essentially, I am consistent and I do know more than you. By the way, how is the stimulus working out for you? Hope and change keeping your stomach full?

In some parts of the country if he was put on the birth certificate (or signed it as an acknowledgement of paternity) he could technically be the legal father.

28 - oh man, that is a wonderful survey. There sure aren't any glaring holes to poke in it. That would be sarcasm for all of you dim-witted neocons out there, muahahah.

Half of the college kids will probably change their political orientation once they get into the real world anyway.

And, if you want to take it at face value, it shows that it's easy to hide the ball from the libs. Like when OB says "hurry! hurry! the stimulus must be voted for today!!!, but I'll wait 5 more days to sign it and then we'll spend a majority of the money 3 years down the road."

Or "hurry! hurry! we MUST get cap & trade and health care done YESTERDAY, because otherwise we're F'd, doomed. Don't pay attention to any of that nonsensical 'chatter' (ie. let's not have an actual debate, let's not give anyone time to actually read the bill before they sign it)."

you sir, are a moron. PE is the sh*t, you're not even bright enough to recognize that it's a BIT, and there is thus satirical schtick involved.

Some situations are even more glaringly unfair than this one. Many states allow default judgments of paternity, which cannot be set aside after a certain (relatively short) amount of time, even if the alleged father never received actual notice and even if the father can disprove paternity with DNA. Accordingly, it is common practice to bring a paternity action against a man, but serve him at an "old" address (thereby creating a plausible deniability), and perhaps supplementing with a notice by publication.

Blacks in Atlanta...that's all I have say. If you live here, you know what I'm talking about.

No to mention who could afford to do this in this bad economy.

A woman brings a paternity action against her ex-boyfriend. Denying paternity, the ex-boyfriend goes before the court to plead his case.

"Judge," he says," I'm not the father. I only moved in town six months before the child was born, so the child can't be mine. It's biology."

"Well," responds the judge, "I don't know about biology, but let's see what the law has to say about it."

With that, the judge reaches for a stack of law books on the bench and pulls one off the top. It's a book on negotiable instruments. The judge flips it open and begins reading

"No," says the judge, "it says right here: 'If the maker cannot be found, the first endorser shall be held.' Next case."

wow
that seems a little rough on the not-really-dad
seriously...

Really guys? You care that much about PE? It is a funny bit. If he wants to flaunt his agenda, let him. But admit that it is a pretty funny little bit. I disagree with him, but love his silly bit. Rock on PE.

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I hope that last paragraph was a joke. Your saying that when a woman claims that a man is the father of her child that he should pay child support regardless if he actually fathered the child. That is clear abuse of a system where thousands of legitimate fathers do not pay child support in the first place. This guy even paid child support knowing that he was not the real father and the judge convicted him anyways.

That Partner Emiritus guy is an ASSHOLE!

That Partner Emiritus guy is an ASSHOLE!