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re: Co- worker has been paying child support for five years,just found out the baby isn’t his

Posted on 1/25/19 at 3:08 pm to
Posted by supatigah
CEO of the Keith Hernandez Fan Club
Member since Mar 2004
89743 posts
Posted on 1/25/19 at 3:08 pm to
Damn counselor, you busted his arse, case dismissed
Posted by thejuiceisloose
Member since Nov 2018
6050 posts
Posted on 1/25/19 at 3:21 pm to
Add this one to the "threads that didnt happen in real life"
Posted by GoRuckTiger
Bossie City
Member since Aug 2013
1545 posts
Posted on 1/25/19 at 3:34 pm to
Unconditional love that you have for your children is an unbreakable bond.
If my wife ever came to me and said I was not the father of our kids I think I'd be devastated. I think I'd rather not know to tell you the truth than to be subjected to that kind of pain.
Posted by cyarrr
Prairieville
Member since Jun 2017
3956 posts
Posted on 1/25/19 at 3:39 pm to
quote:

Damn counselor, you busted his arse, case dismissed



Actually he didn't, there's negative case history on Bruce v. Bruce. The point of my post is that the court will generally be more concerned with the wellbeing of the child first in foremost. Bruce v. Bruce is not the gold standard when determining this. The court will always resolve the matter in the interest of justice.
This post was edited on 1/25/19 at 3:41 pm
Posted by Salviati
Member since Apr 2006
7053 posts
Posted on 1/25/19 at 3:44 pm to
I'm just an old tired frick trying to relive glory days.

I miss the old days.



I saw an article about 27 ways seniors can save money. I though I'd take a peek to see if I could learn something to save my folks some money.

Turns out that I will soon qualify for many of them. frick.
Posted by Got Blaze
Youngsville
Member since Dec 2013
9834 posts
Posted on 1/25/19 at 4:17 pm to
OP - your boy is gonna be like ....
Posted by Tigerbait357
Member since Jun 2011
70768 posts
Posted on 1/25/19 at 4:19 pm to


Posted by LC412000
Any location where a plane flies
Member since Mar 2004
16673 posts
Posted on 1/25/19 at 4:22 pm to
Cannot pay from jail, kill the bitch!!!!
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/25/19 at 4:39 pm to
Not so quickly, supa.

There used to be a 2 year prescriptive time in the statute. If the op's employee executed it then, he might be stuck for 13 more years.

The 2 year part of the statute was removed around 2016 (I think). We need a family law attorney, a very recent law grad with the Barbri outlines, or a recent case that has gone up the system.
Posted by Salviati
Member since Apr 2006
7053 posts
Posted on 1/25/19 at 4:56 pm to
quote:

quote:

Damn counselor, you busted his arse, case dismissed
Actually he didn't
Yeah, I did. Thoroughly, wholly, and completely. You have no arse left. None.

quote:

there's negative case history on Bruce v. Bruce
Holy fricking shite. Damn you're a bitch. There is ONE case from the same court that questions DICTA in Bruce. See Webb v. Brown, 2015-1594 (La. App. 1 Cir. 4/15/16), 193 So. 3d 239. In Webb, the First Circuit noted that the Bruce decision referred to the 2-year period as "presriptive" when it should have said "peremptive."

Bruce was not reversed. Bruce was not overruled. The holding was not questioned. Some dicta, specifically the use of the wrong word, was noted by the same damn court.


But since we're looking at dicta, let's take a look at some of your dicta in this thread.

Dumbass Dictum #1:
quote:

Thank God you added that disclaimer because to even suggest this would be misleading advice. La. C.C. art. 198, an action to establish paternity of a child presumed to be the child of another man shall be instituted within one year from the date of birth of the child.
Moronic Post #4 (emphasis added).

Putting aside your initial post in which you misleadingly advised, "no attorney can help at this point," you cited "La. C.C. art. 198, an action to establish paternity of a child." Why in the flying frick would you cite an article concerning "an action to establish paternity" when the thread discusses an action to disavow or revoke paternity? You're just full of misleading (read: malpractice) advice.


Dumbass Dictum #2:
quote:

the courts always consider what is in the best interest of the child and their rulings generally reflect this
Moronic Post #5 (emphasis added).

Guess what dumbass? Bruce did not discuss the best interest of the child. Webb did not discuss the best interest of the child. You're shooting 0-2 for something that you say ALWAYS happens.


Dumbass Dictumm #3:
quote:

Bless your heart, you truely have a high opinion of yourself.
Moronic Post #6 (emphasis added).

Let's ignore the two independent clauses separated by a comma, and go straight to your spelling of "truely." Truly is the only acceptable way to spell the adverbial form of the adjective true. Truely is not an alternative spelling; it’s a fricking mistake.

Dumbass Dictum #4:
quote:

Actually he didn't, there's negative case history on Bruce v. Bruce. The point of my post is that the court will generally be more concerned with the wellbeing of the child first in foremost. Bruce v. Bruce is not the gold standard when determining this. The court will always resolve the matter in the interest of justice.
Moronic Post #7

Let's ignore the two independent clauses separated by a comma [wait, you did it again?!?!], and go straight to your use of the phrase "first in foremost." One doesn't seen that phrase used very much. That's probably because it doesn't exist in any normal person's language. The phrase you are searching for, and failing to find, is " first and foremost."


Dumbass Dictum #5:
quote:

The point of my post is that the court will generally be more concerned with the wellbeing of the child first in foremost.
Wait, wait, wait . . . The court will GENERALLY be more concerned with the wellbeing of the child?!?! I though you said the court ALWAYS considered the best interest of the child:
quote:

the courts always consider what is in the best interest of the child and their rulings generally reflect this
Same crap as above (emphasis added).

Yes, you did. Do you always crawfish this much?


Dumbass Dictum #6:
quote:

Bruce v. Bruce is not the gold standard when determining this.
Same crap as above.

I never said that Bruce is the gold standard. You said find one case. I found Bruce. You didn't ask me to find the gold standard, but that doesn't slow you down in trying to create a straw man that Bruce is my "gold standard."

Holy fricktard, you're full of shite.


Dumbass Dictum #7:
quote:

The court will always resolve the matter in the interest of justice.
Same crap as above.

fricking brilliant.
Posted by Salviati
Member since Apr 2006
7053 posts
Posted on 1/25/19 at 5:02 pm to
quote:

Not so quickly, supa.

There used to be a 2 year prescriptive time in the statute. If the op's employee executed it then, he might be stuck for 13 more years.

The 2 year part of the statute was removed around 2016 (I think). We need a family law attorney, a very recent law grad with the Barbri outlines, or a recent case that has gone up the system.
Good points.

It's my recollection that courts interpret the legislative removal of a prescriptive or peremptive period retroactively, but I haven't looked at that issue in a long time.
Posted by cyarrr
Prairieville
Member since Jun 2017
3956 posts
Posted on 1/25/19 at 5:35 pm to
"Yeah, I did. Thoroughly, wholly, and completely. You have no arse left. None."

You absolutely didn't. You seem as if you are getting pretty worked up about this, did you not take your medication?

In all seriousness, the initial post by the OP was about paying child support after acknowledgment when not the biological father.

Would one not infer from this that the best interest of the child be considered since child support is an issue? Does the court not make this a primary issue when it negatively effects the child? Do you think a judge would vacate the child support order if doing so would adversely impact to the child?

I never said you stated Bruce v. Bruce is the gold standard, although you make it seem as if it is a black or white issue with no gray area. Also, I admitted I may have been in error when stating there was no case law to support your accusation. However, you still refuse to answer my question and again revert to name calling.

I bet you are a joy to work with.
This post was edited on 1/25/19 at 5:39 pm
Posted by Flashback
reading the chicken bones
Member since Apr 2008
8479 posts
Posted on 1/25/19 at 5:49 pm to
I have a daughter.

I dont need a DNA test to verify. She looks just like me..., that gorgeous bitch.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/25/19 at 6:41 pm to
quote:

Art. 6. Retroactivity of laws

In the absence of contrary legislative expression, substantive laws apply prospectively only. Procedural and interpretative laws apply both prospectively and retroactively, unless there is a legislative expression to the contrary.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.


The general rule is prospective unless the legislature intends otherwise.

See people? This is why you get an attorney that specializes in the field of your issue.

This shite reminds me of a redhibition thread from years ago that I had a blast fricking with a couple of guys in.

I should go find it and bump it. Lol
Posted by Ba Ba Boooey
Northshore
Member since May 2010
4729 posts
Posted on 1/25/19 at 6:41 pm to
Who the frick signs that when it’s put in front of them without a paternity test? I’ve never even heard of such a form. Truly sucks for him but should’ve known better than to sign anything without consulting an attorney
Posted by Coach72
Lafayette
Member since Dec 2009
1679 posts
Posted on 1/25/19 at 6:45 pm to


Posted by Lando789
Member since Nov 2018
307 posts
Posted on 1/25/19 at 8:30 pm to
(no message)
This post was edited on 4/20/19 at 6:59 am
Posted by 99BLKBRD
Member since Mar 2015
575 posts
Posted on 1/25/19 at 8:50 pm to
Can we link this to the “would you get married again” thread? There’s a lot of baws raising Jody’s kids in there swearing how great their wife is.
Posted by RobbBobb
Member since Feb 2007
33301 posts
Posted on 1/25/19 at 9:58 pm to
quote:

he had signed an admission of paternity

Any contract can be broken, if it contains misrepresentations of the truth. If he can prove that she claimed not to have been with anyone else, then he was given false info, in regards to what he was agreeing to
Posted by RB10
Member since Nov 2010
50702 posts
Posted on 1/25/19 at 10:22 pm to
quote:

he had signed an admission of paternity


Why wouldn't he immediately get a paternity test at this point?
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