Friday, October 2, 2009
Can I get child support from my husband if he is not my child biological father? We have been together since I was 8 months pregnant with my son and his real father has never been in the picture. -Shantell
Family Attorney John Mayoue's Answer:
A custodial parent may only obtain child support from the biological or adoptive parent of a child. There is a growing trend in many states, however, under which a
party can claim that another person, not biologically related, has been in a parent-like relationship with a child and should therefore pay child support. It is called a psychological parent model. Under any scenario, Shantell could not receive child support from her husband unless and until she divorces him.
I agree totally with the ideal that if the parent has established that psychological parent model. Although I can not stand the fact that some men have been duped into thinking the child is his and it is not. He has done nothing for the child and the court punished the man with no remorse. My blood boils when their is a DNA done and the woman has been proved a liar and the court just says o-well. I think that a bill need to be written to stop this deception.
Once the law is in the books all this deception crap will stop with the quickness!
Thursday, October 1, 2009
Dennis Potts, 23, of Bonita, faces charges of murder and conspiracy to obstruct justice in what could become a death penalty case. His friend, 23-year-old Max Corn, also of Bonita, pleaded not guilty Thursday to a conspiracy charge.
Both men were arrested Wednesday in connection with the deaths of Tori Vienneau, 22, and her son, Dean Springstube, whose bodies were found July 26, 2006, in their apartment in the Southcrest neighborhood of San Diego. The victims were strangled.
If convicted, Corn faces a maximum sentence of three years in prison.
Prosecutors have not yet decided whether to seek Potts' execution or life without the possibility of parole if he is convicted of murder. Such decisions are usually made after a preliminary hearing, when a judge decides whether there is enough evidence for the case to proceed to trial.
Judge David M. Szumowski ordered Potts to remain in custody without bail, noting the two victims in the case and the seriousness of the charges. The judge increased Corn's bail to $500,000 from $200,000.
Deputy District Attorney Per Hellstrom said in court that Potts and Vienneau had a “secret” relationship and she believed he was the father of her son. In spring 2006, she asked Potts to take a paternity test.
Potts agreed to use a mail-in test, but asked Corn to submit the DNA sample, the prosecutor said. When the results showed that Potts was not the baby's father, Vienneau suspected that something was wrong.
“She was concerned that Mr. Potts had faked or tampered with the DNA testing,” Hellstrom told the judge. “She didn't let the issue go.”
Thirteen days later, Vienneau and her son were killed.
Hellstrom said investigators recovered text messages exchanged between Potts and Vienneau the evening of the slaying and recovered Potts' data from a cell-phone tower near her apartment.
Outside the courtroom, Kerry Armstrong – Potts' lawyer – said the relationship between Potts and Vienneau was no secret and that Potts had known about the investigation for the past year and a half.
“He has been adamant from day one that he had nothing to do with these crimes,” Armstrong said.
The prosecutor would not comment on why it took more than a year for investigators to make an arrest.
“In due time, that will come out,” Hellstrom said after the hearing.
Vienneau's mother, Dayna Herroz, said it is satisfying to see Potts and Corn face criminal charges. She said the long wait has been “hell on Earth” for her and her family.
Monday, September 28, 2009
How does it benefit the child, society, the taxpayer, and even the individual arrested and jailed if he or she can't afford to pay?
Don't think I'm someone who hasn't been there, experienced that. I've been a divorced mom too, struggling to provide for two young children on my own. However, I knew at the time their father was not in a position to pay. Yes, we went without a lot. I missed important medical appointments so my daughter could study classical music from the time she was seven or eight years of age. I learned to make meals on ten dollars or less. Shop at Goodwill. My children wore their cousins' hand-me-downs.
But because of our struggles they learned to appreciate the little things and grew up to be well-rounded individuals. They're not flashy and still prefer to shop at resale shops and are great bargain hunters.
Getting back to my young neighbor - he's a good father who spent lots of time with his daughter, often keeping her for days or even weeks at a time. Now, she won't be seeing her father for another six months or so. Even out of work, he still did small things for her. He just wasn't able to keep up with regular child-support payments.
Who does it help to jail someone for non-payment of child-support or revoke their license? Whoever thought up those two as punishment must have really been asleep at the wheel.
I look at it this way, if the mother applied for or was receiving some kind of public assistance for the child, now you have two or more burdens on the taxpayer. One sitting and wasting away in jail, the child or children still going without. If the individual had some small job, even minimum wage, but still fell behind in payments, that job isn't going to be waiting on him or her six months later when they're released.
Not only that, with a lapse in employment or a prison or jail record, it becomes even more difficult for that person to find a job. And, with a jail or prison record, that individual's offspring can be affected later in life when applying for certain jobs that might require a security clearance, depending upon the level of security.
Then there's the revoked license issue, which just sets the person up for another chance of being arrested if they take a chance and drive without a license, which many will do at some point, creating a revolving door in the criminal justice system. Let's be honest, if the individual can't drive to a job because they've lost their driving privileges, how are they to get to work? Not everyone is lucky enough to have a 9-5 job, and buses don't run on a 24/7 schedule.
The "experts" really need to take time to think about these laws before they sign them into law. In the long term, they serve no one, and only create more problems than solutions. So, now we have another kid who at least had a father who came around and spent time with her, sitting and wasting away in prison for something that should never have been a crime in the first place. There's a difference between the inability VS the ability to pay.
Hopefully, the "experts" will rethink these laws that are really crippling American society and serve no true purpose, except for prison stockholders.
Following months of public mudslinging, a judge ordered the rapper to pay temporary child support to Kemp, who is the mother of his son William Roberts III. Since their breakup, Kemp has openly expressed her discontent with Ross and his lax role as a father figure. Just as recently as last week, she tweeted about her son's birthday and called out Ross for being M.I.A. "Let's see if his lame ass father actually grows enough balls and at least calls to wish his son a happy birthday," Kemp wrote.
After their split, Kemp partnered up with Ross' rival, 50 Cent, appearing in G-Unit videos and releasing a tell-all book about her relationship with Ross, titled 'Tia's Diary: Deeper Than Rap,' under G-Unit Books back in May. And despite the judge's order that Ross must also cover her legal fees, Kemp will appear on two upcoming covers of Smooth magazine with 50 Cent to further publicize her vendetta against Ross. The provocative covers feature a barely dressed Kemp being photographed by 50 Cent, who appears as a guest editor for the issue.
The tension between Ross and Kemp has continued to build, but as part of the judge's child support ruling, Ross was also granted visitation rights to his son.
Model Sam Burke claims that her daughter Sophia, born in Florida on Tuesday, is the product of a fling with the 36-year-old actor.
Jude, however, was not present at the baby’s birth, and even refused to make the three-hour trip from New York, where he’s starring in Hamlet.
“Jude is still very cautious about Sam and Sophia. Until he is 100 per cent certain she is his daughter he is only communicating through lawyers,” the News of the World quoted one of the actor’s pals as saying.
“If he is the father he will meet his obligations to the child. He’s hoping for an early chance to establish that he is genuinely her dad,” the friend added.
Sam is said to have told people closer to her that Jude paid her for antenatal care and for the birth.
However, Jude’s friend said: “It was an act of kindness rather than an admission that he was the dad.”
The paper further reports that Sam’s representatives are negotiating a six-figure deal for pictures of the baby, but Jude’s lawyers have asked her not to talk to the media until they agree a financial package if the baby is confirmed as his.
Sam’s gran Delores accused Jude of taking advantage, saying: “She’s a lovely outgoing girl and he’s a lot older man, with three children from a failed marriage (to Sadie Frost). It breaks your heart.”
I am not surprised that he would not want to have anything to do with the baby before finding out if the child is his. I have found out that the Court system will blast you quickly with sense you established a bond with the child, then you have to maintain that relationship with the child!
Unfortunately the only one that suffers is the guy paying the child support. So men lets be sure, after we know, then we step up!!!