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re: Court rules Houston man must pay $65k in child support for kid that's not his

Posted on 7/22/17 at 10:30 pm to
Posted by Peazey
Metry
Member since Apr 2012
25427 posts
Posted on 7/22/17 at 10:30 pm to
As an attorney, do you have any experience with anything like this? This should be pretty quickly overturned once the defendant in a suit responds with overwhelming evidence, right? Just seems like upholding this would require a vindictiveness that a justice system shouldn't have, all over a probable error of some sort in failure to respond.
Posted by lsusa
Doing Missionary work for LSU
Member since Oct 2005
6291 posts
Posted on 7/22/17 at 10:32 pm to
quote:

Divorce and family court judges are some of the biggest assholes in this country



The whole "industry" is a scam. Saying it is for the "best interest of the child" is complete nonsense.
Posted by Volvagia
Fort Worth
Member since Mar 2006
53467 posts
Posted on 7/22/17 at 10:36 pm to
The story smells though.

Gotta be a reason why the linked article is from the UK, and the guy's lawyer is gonna have to give me an explaination of the circumstances of meeting his supposed daughter immediately before gaining a paternity test if he never had any idea of the original suit.

And like others have said, there HAS to be documentation of him being served.

Not saying the situation isn't bullshite, just that some of it must be self inflicted.
Posted by Peazey
Metry
Member since Apr 2012
25427 posts
Posted on 7/22/17 at 10:43 pm to
You think that he might have known about the girl and suit and was evading until recently and before getting the paternity test? Seems plausible. I am curious about his being served though and any supporting documentation that seems like it should exist.
This post was edited on 7/22/17 at 10:44 pm
Posted by dcrews
Houston, TX
Member since Feb 2011
32130 posts
Posted on 7/22/17 at 11:02 pm to
quote:

If he did not have a lawyer, EXPENSIVE lesson learned.


So the deadbeat who is actually the father gets off without having to pay, yet an innocent third party who is NOT the child's father has to pay a ridiculous sum of money? Where is the lesson?

I'd appeal this until they threw me in jail for showing up at the courthouse too many times. frick that.
Posted by LSUgusto
Member since May 2005
19311 posts
Posted on 7/22/17 at 11:35 pm to
One flaw of LA family law...

A man has a statute of limitations to prove his fatherhood. But, the mother can come at the father anytime during the kid's life to collect from the father.
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88186 posts
Posted on 7/22/17 at 11:51 pm to
quote:

So the deadbeat who is actually the father gets off without having to pay, yet an innocent third party who is NOT the child's father has to pay a ridiculous sum of money? Where is the lesson?



And the whore who swore under oath that this guy was 100% the father even though she was spreading her legs for multiple men, faces no penalty or repercussions for her deceit/scam
Posted by tLSU
Member since Oct 2007
8684 posts
Posted on 7/23/17 at 12:08 am to
The lesson is that you can't just throw legal pleadings away and act like nothing will happen. You can file a napkin with "denied" written on it to avoid this from happening.

It's simple personal responsibility.
Posted by Mynadsitch78
Member since Jun 2017
74 posts
Posted on 7/23/17 at 12:53 am to
He probably knew it wasn't his kid. The messed up part is, if he had paid through the years. Not a dime would be paid back to him...
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 7/23/17 at 9:26 am to
quote:

As an attorney, do you have any experience with anything like this? This should be pretty quickly overturned once the defendant in a suit responds with overwhelming evidence, right?

sadly no. i don't have direct experience but there are laws that basically trap the guy after a certain number of years

like you're either presumed the father b/c you were married to the mom or you signed the BC. i think after a certain # of years you're the kid's legal father until the end of time even if you find out later the kid is not your kid
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 7/23/17 at 9:27 am to
quote:

And the whore who swore under oath that this guy was 100% the father even though she was spreading her legs for multiple men, faces no penalty or repercussions for her deceit/scam

the problem is that the judges and system act like this is "for the child" so the mom can be the biggest POS and they get around it
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 7/23/17 at 9:30 am to
quote:

The lesson is that you can't just throw legal pleadings away and act like nothing will happen. You can file a napkin with "denied" written on it to avoid this from happening.

from the article it said "subpoena" so i'm assuming it wasn't service of the actual complaint, so i don't think that is possible

also in TX there is service by certified mail, so it could theoretically have been sent to the place where he lived, another person signed for it, and he was "served". just because they claim service doesn't mean he had actual knowledge of it (in fact, his argument is that they don't)

also in TX they have retroactive support. this case sounds like she served him (or tried to) with an unrelated subpoena in 2003 that may have let him know the situation possibly existed, but wasn't a full, direct suit against him. she's NOW taking him for support (with retroactive awards) and her argument is that he had knowledge of the kid in 2003 due to that unrelated matter, so NOW he's past the limitation on denying the kid is his (even if it's not actually his kid)
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 7/23/17 at 9:31 am to
And you people wonder why you're so hated......
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 7/23/17 at 9:38 am to
quote:

And you people wonder why you're so hated......

i agree

looked up a local article on this

quote:

At the crux of why Cornejo must pay up is Texas' family code, chapter 161, which states, even if you're not the biological father, you still owe child support that accrued before the DNA test proves you're not the father, Cornejo's lawyer Cheryl Coleman told Chron.com.


yeah see TX has retroactive stuff with child support. it's crazy

quote:

Houston man must pay child support for kid that's not his By Fernando Alfonso III, Chron.com / Houston Chronicle Updated 5:43 pm, Friday, July 21, 2017 278 Gabriel Cornejo, of Houston, is on the hook for $65,000 in child support for a child that's not his. Photo: Gabriel Cornejo Photo: Gabriel Cornejo IMAGE 1 OF 12 Gabriel Cornejo, of Houston, is on the hook for $65,000 in child support for a child that's not his. A Houston man is on the hook for $65,000 in child support for a child that's not his. Gabriel Cornejo, 45, took a DNA test proving a child his ex-girlfriend had 16 years ago was not his. The test was too late. In 2003, a child support court in Houston ruled that Cornejo owed his ex-girlfriend child support because, she claims, there was no way he wasn't the father. HARD STOP: Rule denying car registration to parents who don't pay child support generates $1.17 million (Story continues below...) 00:00 00:55 Alaska is giving the pets of divorce more rights. Media: JW Player At the crux of why Cornejo must pay up is Texas' family code, chapter 161, which states, even if you're not the biological father, you still owe child support that accrued before the DNA test proves you're not the father, Cornejo's lawyer Cheryl Coleman told Chron.com. "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."

and that's the issue. was he even properly served?

quote:

'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.

so he had 3 random garnishments of $31 over 14 years and that's proof he knew about this
Posted by Rouge
Floston Paradise
Member since Oct 2004
138532 posts
Posted on 7/23/17 at 9:38 am to
quote:

As an attorney, do you have any experience with anything like this? This should be pretty quickly overturned once the defendant in a suit responds with overwhelming evidence, right? Just seems like upholding this would require a vindictiveness that a justice system shouldn't have, all over a probable error of some sort in failure to respond.
family court is the biggest bunch of idiots in the legal system, and that is saying a lot
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 7/23/17 at 9:43 am to
i told this to a civilian a couple weeks ago

family law has some very smart and capable attorneys

family law also is largely populated by the very bottom of the barrel of the legal field

the entire system is a joke. the worst part is that judges are often scared/unwilling to make the calls they're paid to make so the whole thing gets backlogged
Posted by Volvagia
Fort Worth
Member since Mar 2006
53467 posts
Posted on 7/23/17 at 9:47 am to
quote:

In 2003, a child support court in Houston ruled that Cornejo owed his ex-girlfriend child support because, she claims, there was no way he wasn't the father


For frick's sake.

How the hell is this an actual thing.

Can a 20 year old walk into a court room with a 2 year old and declare she only ever had relations with Jerry Jones so he must be the father?
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46425 posts
Posted on 7/23/17 at 9:54 am to
quote:

Texas' family code, chapter 161, which states, even if you're not the biological father, you still owe child support that accrued before the DNA test proves you're not the father,


Who the fricking frick wrote up this bullshite anti-male law?

This is worse than the IRS.
Posted by Tiger Prawn
Member since Dec 2016
25847 posts
Posted on 7/23/17 at 9:54 am to
If the mother is married then the husband is going to be listed as the father on the birth certificate automatically. If someone contests the paternity then the DNA tests come into play.

But in this case, the article says it was his ex-girlfriend. So since he was never married to her, how the frick can a judge slap him with child support for a kid that is proven through DNA testing to not be his?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 7/23/17 at 9:57 am to
quote:

Who the fricking frick wrote up this bullshite anti-male law?


it's one of these

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