- NEW!
This in not an issue of whether she can, that has already been determined by several court rulings in multiple states. And, after a certain number of years, she cannot be charged with a crime, and the fact that the father was the victim of statutory rape is not considered a defense to child support. What needs to be considered is whether the amount should be based exclusively on the earnings of the male at the time of the filing, as is normally done, or whether an exception should be made for the now adult male, and exclude the fact that he could not earn money when he was 12 or 13.
Last July, a 19 year old Texas male in college was ordered to pay $10,000 for 100 months of retroactive child support, based on a presumption of minimum wage working part time. This means that for age 10, he owed $100 a month in child support.
Should the calculation been based on his potential earnings for each of those years, or is that unfair to how it's done to all men who are surprised with a child and a child support order, with the automatic classification as a deadbeat dad, and suspension of any travel rights.
Just a few of the cases allowing this:
San Luis Obispo County v. Nathaniel J., ___ Cal. App. 4th ___, 57 Cal. Rptr. 2d 843 (1996). S.F. v. Alabama ex rel. T.M., 23 Fam. L. Rep. (BNA) 1082 (Ala. Civ. App. Nov. 22, 1996); State ex rel. Hermesmann v. Seyer, 252 Kan. 646, 847 P.2d 1273 (1993); Jevning v. Chicos, 499 N.W.2d 515 (Minn. 1993); Mercer County v. Alf M., 155 Misc. 2d 703, 589 N.Y.S.2d 288 (Fam. Ct. 1992).
by Gingerminx on January 23rd, 2010
It should be based upon the earnings of the male at time of conception. If the female had gone for child support at that time, that is how it would have been based.
by thatsJustme on January 23rd, 2010
horrible women....
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