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Old 08-04-17, 10:13 AM   #1
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Court rules in favor of woman who committed paternity fraud, orders non-father to pay

If there had been enough room, I had wanted my full title to be: Court rules in favor of woman who committed paternity fraud, orders non-father to pay $65,000 or go to jail

Anyway, this woman falsely said that this guy was the only man who could possibly be the father of her baby. Afterward, a DNA test proved that she had lied. Nevertheless, a court ordered the non-father to pay $65,000 in child support or go to jail. And the woman who lied in order to commit paternity fraud is not being prosecuted for her fraud.


http://nypost.com/2017/07/23/man-ord...-who-isnt-his/

Man ordered to pay $65K in child support for kid who isn’t his

July 23, 2017

A Texas man is battling a court order that mandates he must pay tens of thousands in child support for a child whom he did not biologically father and whom he met only once.

In 2003, a child support court in Texas ruled that Gabriel Cornejo, 45, had to pay child support to his ex-girlfriend, who had recently given birth, because she vowed there was no way he wasn’t the rightful dad.

Cornejo, who is currently raising three children of his own and two nephews, claimed he was not made aware of this and only found out about the child support payments last year when a deputy served him with court papers claiming that the state of Texas lists him as having another child. He soon met the minor for the first and only time — describing her as a “wonderful girl” — but after taking a DNA test, learned she was not his after all.

Only Cornejo’s ex-girlfriend and the state still want the $65,000 in back payments.

“I never thought in my whole life I would have to defend myself of something that I am innocent of,” he said.

Texas’ family code, chapter 161, states that even if one is not the biological father, they still owe support payments that accrued before the paternity test proved otherwise. In Cornejo’s case, that amounts to some $65,000.

His ex-girlfriend’s attorney, Carel Stith, claimed that money was taken out of Cornejo’s paycheck several years ago and he didn’t contest it, and that in itself can satisfy a court argument that he should have handled the matter long ago.

“There can be consequences, even if you don’t do anything,” Stith told local news.

Cornejo and his attorney, Cheryl Coleman, must now persuade a judge to reopen the case — as the original court order cannot be amended. If that doesn’t happen, he must pay up or face time behind bars.

The case is due back in court next month.
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Old 08-04-17, 10:18 AM   #2
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

No question. THAT is rape!
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Old 08-04-17, 10:24 AM   #3
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by Mabuse View Post
No question. THAT is rape!


Only in America can you be forced to pay for a child that isn't yours and there is law to back it up.
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Old 08-04-17, 10:49 AM   #4
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

Sounds like it's not quite that clear cut. If her lawyer is right and he already paid child support for this child, then he obviously thought it was his. Why didn't they do the test 16 years ago?

Here's a less New York Post-y version of the story.
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Old 08-04-17, 11:18 AM   #5
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

Hey, he stuck his dick in her and they were both fertile. Pay up. That's what 'pro life' people tell pregnant women, to suck it up and deal. Sauce for the goose, sauce for the gander.
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Old 08-04-17, 12:57 PM   #6
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by Draven View Post
Sounds like it's not quite that clear cut. If her lawyer is right and he already paid child support for this child, then he obviously thought it was his. Why didn't they do the test 16 years ago?

Here's a less New York Post-y version of the story.
That's because she (falsely) said he was the only man who could possibly be the father.
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Old 08-04-17, 01:00 PM   #7
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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That's because she (falsely) said he was the only man who could possibly be the father.
He paid child support because he took her word for it? When money/kids are involved, get the test.
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Old 08-04-17, 01:02 PM   #8
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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He paid child support because he took her word for it? When money/kids are involved, get the test.
Stupidity, in this case, shouldn't be punished IMO.
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Old 08-04-17, 01:19 PM   #9
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

He didn't take anyone's word for anything. He claims he never heard about the original hearing where paternity was established. The court records indicate he got a subpoena and never responded to it.

Regardless, 14 years ago, the court had a woman claiming he was the father and nobody objecting. So the court ordered child support.

So one argument is he waived his rights to object 14 years ago.

Second, the mother is claiming child support was garnished from his wages all along. If this is true, every time the money was taken out of his check, he was on notice that he should have objected.

Think of it this way: Back in 2004, Comcast sent him a letter saying "We're signing you up for HBO. We will charge you $12 a month." He never responded to the letter. He kept paying the HBO bill every month. Now he wants to object, saying "I had no idea I was paying for HBO all these years!"
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Old 08-04-17, 01:27 PM   #10
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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He didn't take anyone's word for anything. He claims he never heard about the original hearing where paternity was established. The court records indicate he got a subpoena and never responded to it.

Regardless, 14 years ago, the court had a woman claiming he was the father and nobody objecting. So the court ordered child support.

So one argument is he waived his rights to object 14 years ago.

Second, the mother is claiming child support was garnished from his wages all along. If this is true, every time the money was taken out of his check, he was on notice that he should have objected.

Think of it this way: Back in 2004, Comcast sent him a letter saying "We're signing you up for HBO. We will charge you $12 a month." He never responded to the letter. He kept paying the HBO bill every month. Now he wants to object, saying "I had no idea I was paying for HBO all these years!"
Yes but then Comcast stopped collecting for some reason whether it be he changed credit cards or whatever and 10 years later they're saying he owes them $10,000 because they never turned off the service he was no longer paying for.
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Old 08-04-17, 01:35 PM   #11
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

Quote:
Texas’ family code, chapter 161, states that even if one is not the biological father, they still owe support payments that accrued before the paternity test proved otherwise. In Cornejo’s case, that amounts to some $65,000.
So what's to stop a woman from claiming anybody is the father and hoping he slips through the cracks?
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Old 08-04-17, 01:43 PM   #12
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by Timber View Post
So what's to stop a woman from claiming anybody is the father and hoping he slips through the cracks?
A court isn't going to just take her word for it. There's going to be due process in the initial determination. In this case, the court records indicate Cornejo was subpoenaed. Court records will include a copy of the subpoena and the affidavit of service. He basically waived his right to contest her claims. What he's going to need to prove now is that he never received the subpoena -- for example, if the affidavit indicates it was served at 123 Main Street and he has evidence that he lived at 125 Main Street.
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Old 08-04-17, 01:45 PM   #13
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by JasonF View Post
He didn't take anyone's word for anything. He claims he never heard about the original hearing where paternity was established. The court records indicate he got a subpoena and never responded to it.
From Draven's less NY Post-y version of the story...
Quote:
Court records suggest, but don't prove, he got a subpoena years ago. He denies it.
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Old 08-04-17, 02:15 PM   #14
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

Right -- that means there is something in the court records that indicates a subpoena was sent but don't prove that he received it. There will be an affidavit in the court records that says "I sent it via U.S. mail to 123 Main Street" or "I knocked on the door at 123 Main Street and handed it to a male, aged 18 or older" or something like that.
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Old 08-04-17, 02:17 PM   #15
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

This is utter bullshit. It's a sad state of affairs when guys are forced to pay $ to support a kid that that isn't theirs - especially where there's proof to back up the fact that it's not their child. This opens up the door to any guy who has had a one-night stand/casual relationship (or even serious relationship) and isn't in the relationship any longer to get slapped with something like this by an ex looking for a pay-out - even if he's not the father.

This is one of the many fucked-up things that are going on in our legal system.

But it also shows - yet again - how women are getting preferential treatment over men in the system. I.e., even if this were a legitimate case - the system goes after absentee fathers whose mothers are raising the children alone a lot more than it goes after absentee mothers who have ditched their families - and left men to raise the children alone. In fact, you almost NEVER hear about courts/the legal system going after absentee mothers.

Last edited by TheDude; 08-04-17 at 02:26 PM.
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Old 08-04-17, 02:28 PM   #16
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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But it also shows - yet again - how women are getting preferential treatment over men in the system. I.e., even if this were a legitimate case - the system goes after absentee fathers whose mothers are raising the children alone a lot more than it goes after absentee mothers who have ditched their families - and left men to raise the children alone. In fact, you almost NEVER hear about courts/the legal system going after absentee mothers.
How about you find some statistics on this from credible sources rather than relying on anecdotes and hearsay?
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Old 08-04-17, 02:55 PM   #17
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by JasonF View Post
Right -- that means there is something in the court records that indicates a subpoena was sent but don't prove that he received it. There will be an affidavit in the court records that says "I sent it via U.S. mail to 123 Main Street" or "I knocked on the door at 123 Main Street and handed it to a male, aged 18 or older" or something like that.
This is what Cornejo's lawyer is stating.
Quote:
"I've researched the records and found that there is an issue with the service where they served him back in 2002," Coleman said. "There are some anomalies with how this case handled by the attorney general's office. He was never served with those documents in 2002 when the actual paternity petition was filed against him."
Also the garnishment argument against him seems weak if this is true.
Quote:
In further support of why Cornejo is on the line for the child support is a claim from the ex-girlfriend that the child support started coming out from Cornejo's paycheck without his objection. 'There were three garnishments of $31 each when he worked at a dealership. He's never gotten a letter from the state of Texas," Coleman said. "At issue is he's still not the father. Nobody is disputing that. The mother is not disputing that."
http://www.chron.com/news/houston-te...s-11305261.php
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Old 08-04-17, 06:42 PM   #18
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by JasonF View Post
He didn't take anyone's word for anything. He claims he never heard about the original hearing where paternity was established. The court records indicate he got a subpoena and never responded to it.

Regardless, 14 years ago, the court had a woman claiming he was the father and nobody objecting. So the court ordered child support.

So one argument is he waived his rights to object 14 years ago.

Second, the mother is claiming child support was garnished from his wages all along. If this is true, every time the money was taken out of his check, he was on notice that he should have objected.

Think of it this way: Back in 2004, Comcast sent him a letter saying "We're signing you up for HBO. We will charge you $12 a month." He never responded to the letter. He kept paying the HBO bill every month. Now he wants to object, saying "I had no idea I was paying for HBO all these years!"

Maybe the reason he never objected was because he knew that he had indeed had sex with her. He just didn't know that there was some other guy as well.
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Old 08-04-17, 07:51 PM   #19
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Maybe the reason he never objected was because he knew that he had indeed had sex with her. He just didn't know that there was some other guy as well.
If only there was some way to find out for sure if the child was yours.
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Old 08-05-17, 10:37 AM   #20
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Maybe the reason he never objected was because he knew that he had indeed had sex with her. He just didn't know that there was some other guy as well.
If you go into court and say I did something, and I do not disagree with what you said, the court is going to assume you are telling the truth.

This is how due process works in the U.S. You get a trial, you get to appeal, and then it's settled and we stop relitigating the issue outside of the most egregious cases. We've had cases where people have been convicted of capital crimes on the basis of testimony that was later recanted and the courts have said "Sorry, he got due process -- too bad." You really think child support is going to make them blink?
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Old 08-05-17, 01:08 PM   #21
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

There is a lot to this.

But one arguement is the mother would have gone after the real farther 14 years ago had this guy proved he was not the farther.
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Old 08-06-17, 11:00 AM   #22
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

She probably didn't want to go after the real father because she was perfectly happy collecting child support from this dude.
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Old 08-06-17, 11:38 AM   #23
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by Mabuse View Post
She probably didn't want to go after the real father because she was perfectly happy collecting child support from this dude.
Yes, that $93 really went far.
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Old 08-06-17, 06:58 PM   #24
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

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Originally Posted by JasonF View Post
If you go into court and say I did something, and I do not disagree with what you said, the court is going to assume you are telling the truth.

This is how due process works in the U.S. You get a trial, you get to appeal, and then it's settled and we stop relitigating the issue outside of the most egregious cases. We've had cases where people have been convicted of capital crimes on the basis of testimony that was later recanted and the courts have said "Sorry, he got due process -- too bad." You really think child support is going to make them blink?
The guy trusted his girlfriend and thought she would never cheat on him.
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Old 08-06-17, 09:52 PM   #25
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Re: Court rules in favor of woman who committed paternity fraud, orders non-father to

Where's Eddie Money? This shit sounds like something that would happen to him...
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