• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

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

P

Prologue

Member
A Texas man is battling a court order that mandates he must pay tens of thousands in child support for a child that he did not biologically father and who 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 that there was no way he wasn't the rightful dad.

Cornejo, who is currently raising three children of his own and two nephews, claimed that he was not made aware of this and only found out about the child support payments last year when a deputy served him 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 proves 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 re-open 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.
Click to expand...


Thats some shit, jeez.
 
B

Belker

Member
The lesson here, it seems, is for Texans to get a paternity test as soon as possible. What a strange situation for new parents to have to find themselves in.

I wonder what the rules are for a test there. Do both parents have to consent or be informed?

There's definitely a Better Call Saul style advertising angle to go here, somewhere,
 
M

Mr_Moogle

Member
I always thought a paternity test which proves your not the father was a 'get out of jail free card' in these situations.
 
S

SyenceLabb

Member
lol. Family law here in America is so antiquated. And it goes largely ignored. No politician will go near it. This type of shit is ridiculous.
 
S

Salamando

Member
Belker said:
The lesson here, it seems, is for Texans to get a paternity test as soon as possible. What a strange situation for new parents to have to find themselves in.

I wonder what the rules are for a test there. Do both parents have to consent or be informed?

There's definitely a Better Call Saul style advertising angle to go here, somewhere,
Click to expand...

Did he know his ex had a kid? We know he didn't know the kid was claimed to be his until last year. The court never served him with his child support orders, the ex never filed for non-payment, and the system didn't care that he wasn't paying until now.

That, with the law as written, is the perfect storm to screw someone over.
 
V

Vanillalite

Ask me about the GAF Notebook
Beyond the guy getting screwed over this is the kinda thing the alt right points to in terms of males getting fucked by the system.
 
R

rjinaz

Member
the dude is raising 3 kids and 2 nephews. Seems heartless to pursue this especially considering she lied about it all in the first place.
 
M

Marty Chinn

Member
Belker said:
The lesson here, it seems, is for Texans to get a paternity test as soon as possible. What a strange situation for new parents to have to find themselves in.
Click to expand...

How can you get a paternity test as soon as possible if you never knew someone listed you as the parent nor that the kid ever existed?
 
D

Dynomutt

Member
Mr_Moogle said:
I always thought a paternity test which proves your not the father was a 'get out of jail free card' in these situations.
Click to expand...

Not if the state loves money. Many states get matching federal funds for issues like child support. It's really about the $$$ I the end not the little girl. This should all kick back to the mother.

That is why the mother's attorney is using the "law" to push this case in their favor. One if she wins she gets paid two if she loses he client is possibly on the hook for at least a portion of that 65K.
 
N

Nemesis121

Member
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 proves otherwise. In Cornejo's case, that amounts to some $65,000.
Click to expand...

Texas get your act together..
 
entremet

entremet

Member
Vanillalite said:
Beyond the guy getting screwed over this is the kinda thing the alt right points to in terms of males getting fucked by the system.
Click to expand...
They’re no alt right/mra thing about it. It’s rather messed up. Also hurts high earning women. Ask Halley Berry.

If you want a more nuanced and fair look at the family court system Divorce Corp is a good documentary on this.
 
R

rjinaz

Member
entremet said:
They're no alt right/mra thing about it. It's rather messed up. Also hurts high earning women. Ask Halley Berry.

If you want a more nuanced and fair look at the family court system Divorce Corp is a good documentary on this.
Click to expand...

True. And you could argue that if women earned as much as men or more than men more so than they do now, then this problem wouldn't exist. If they are so concerned about it, maybe they should become feminists instead.
 
C

CrocMother

Banned
SyenceLabb said:
lol. Family law here in America is so antiquated. And it goes largely ignored. No politician will go near it. This type of shit is ridiculous.
Click to expand...

nah, the antiquated laws are the ones that give the women zero recourse to get help even if they can prove who the father is.
 
S

Sir Abacus

Member
There is actually a very good reason that the law is the way it is.

Think of it like this:

* Lady in good faith claims a man is father
* Father doesn't contest it, in fact, runs with it
* Father gets paternity test 20 years later
* Father then slaps mother with a suit for a couple million bucks.

The law is specifically in place to prevent a situation like this. You can't leave a time bomb in the law like this.

That's why as soon as the man accepted that he was the father without a paternity test he fucked himself. There's a reason why there's statute of limitations on civil cases and that's so that someone can't come along twenty years later can screw you over something that should have been long forgotten. His remedy was to take responsibility for his situation sooner.

Now, you may think that shouldn't there be a statute of limitations on the child support?
No because the guy here was technically evading child support until he got the paternity test. You don't get statute of limitations from a theoretically ongoing crime which is why he's still on the hook. It all comes down to irresponsible people being further irresponsible complaining about their irresponsibility coming back to bite them in the ass and turning into a "WTF FAMILY COURT FUCKING THE MAN/GREEDY WOMAN!" hatefest.
 
M

Montresor

Member
Sir Abacus said:
There is actually a very good reason that the law is the way it is.

Think of it like this:

* Lady in good faith claims a man is father
* Father doesn't contest it, in fact, runs with it
* Father gets paternity test 20 years later
* Father then slaps mother with a suit for a couple million bucks.

The law is specifically in place to prevent a situation like this. You can't leave a time bomb in the law like this.

That's why as soon as the man accepted that he was the father without a paternity test he fucked himself. There's a reason why there's statute of limitations on civil cases and that's so that someone can't come along twenty years later can screw you over something that should have been long forgotten. His remedy was to take responsibility for his situation sooner.

Now, you may think that shouldn't there be a statute of limitations on the child support?
No because the guy here was technically evading child support until he got the paternity test. You don't get statute of limitations from a theoretically ongoing crime which is why he's still on the hook. It all comes down to irresponsible people being further irresponsible complaining about their irresponsibility coming back to bite them in the ass and turning into a "WTF FAMILY COURT FUCKING THE MAN/GREEDY WOMAN!" hatefest.
Click to expand...

Wow this post went from 0 to 100 real quick with that last sentence. Just FYI - you are defending what's happening to this man because of both the letter and spirit of an unjust law.
 
C

chaosblade

Unconfirmed Member
Sir Abacus said:
There is actually a very good reason that the law is the way it is.

Think of it like this:

* Lady in good faith claims a man is father
* Father doesn't contest it, in fact, runs with it
* Father gets paternity test 20 years later
* Father then slaps mother with a suit for a couple million bucks.

The law is specifically in place to prevent a situation like this. You can't leave a time bomb in the law like this.

That's why as soon as the man accepted that he was the father without a paternity test he fucked himself. There's a reason why there's statute of limitations on civil cases and that's so that someone can't come along twenty years later can screw you over something that should have been long forgotten. His remedy was to take responsibility for his situation sooner.

Now, you may think that shouldn't there be a statute of limitations on the child support?
No because the guy here was technically evading child support until he got the paternity test. You don't get statute of limitations from a theoretically ongoing crime which is why he's still on the hook. It all comes down to irresponsible people being further irresponsible complaining about their irresponsibility coming back to bite them in the ass and turning into a "WTF FAMILY COURT FUCKING THE MAN/GREEDY WOMAN!" hatefest.
Click to expand...

It sounds like he didn't actually know about it and never accepted that he was the father. Another article says he was never served any of the paperwork and the only "notice" he might have seen were three garnishments of $31.

So she lied, he didn't know about it, now they know she lied but still demand he pays $65k.
 
F

FrenchMovieTheme

Member
Sir Abacus said:
There is actually a very good reason that the law is the way it is.

Think of it like this:

* Lady in good faith claims a man is father
* Father doesn't contest it, in fact, runs with it
* Father gets paternity test 20 years later
* Father then slaps mother with a suit for a couple million bucks.

The law is specifically in place to prevent a situation like this. You can't leave a time bomb in the law like this.

That's why as soon as the man accepted that he was the father without a paternity test he fucked himself. There's a reason why there's statute of limitations on civil cases and that's so that someone can't come along twenty years later can screw you over something that should have been long forgotten. His remedy was to take responsibility for his situation sooner.

Now, you may think that shouldn't there be a statute of limitations on the child support?
No because the guy here was technically evading child support until he got the paternity test. You don't get statute of limitations from a theoretically ongoing crime which is why he's still on the hook. It all comes down to irresponsible people being further irresponsible complaining about their irresponsibility coming back to bite them in the ass and turning into a "WTF FAMILY COURT FUCKING THE MAN/GREEDY WOMAN!" hatefest.
Click to expand...

But he said he was not made aware that he was the alleged father until last year..
 
S

Sir Abacus

Member
chaosblade said:
It sounds like he didn't actually know about it. Another article says he was never served any of the paperwork and the only "notice" he might have seen were three garnishments of $31.
Click to expand...

If someone garnishes your wage for child support and your first reaction isn't a paternity test you may as well cover your eyes and wish it would go away. Which he basically did.
 
S

SyenceLabb

Member
Sir Abacus said:
There is actually a very good reason that the law is the way it is.

Think of it like this:

* Lady in good faith claims a man is father
* Father doesn't contest it, in fact, runs with it
* Father gets paternity test 20 years later
* Father then slaps mother with a suit for a couple million bucks.

The law is specifically in place to prevent a situation like this. You can't leave a time bomb in the law like this.

That's why as soon as the man accepted that he was the father without a paternity test he fucked himself. There's a reason why there's statute of limitations on civil cases and that's so that someone can't come along twenty years later can screw you over something that should have been long forgotten. His remedy was to take responsibility for his situation sooner.

Now, you may think that shouldn't there be a statute of limitations on the child support?
No because the guy here was technically evading child support until he got the paternity test. You don't get statute of limitations from a theoretically ongoing crime which is why he's still on the hook. It all comes down to irresponsible people being further irresponsible complaining about their irresponsibility coming back to bite them in the ass and turning into a "WTF FAMILY COURT FUCKING THE MAN/GREEDY WOMAN!" hatefest.
Click to expand...

did you read the OP?
 
L

LowlySmokeGuy

Banned
Sir Abacus said:
There is actually a very good reason that the law is the way it is.

Think of it like this:

* Lady in good faith claims a man is father
* Father doesn't contest it, in fact, runs with it
* Father gets paternity test 20 years later
* Father then slaps mother with a suit for a couple million bucks.

The law is specifically in place to prevent a situation like this. You can't leave a time bomb in the law like this.

That's why as soon as the man accepted that he was the father without a paternity test he fucked himself. There's a reason why there's statute of limitations on civil cases and that's so that someone can't come along twenty years later can screw you over something that should have been long forgotten. His remedy was to take responsibility for his situation sooner.

Now, you may think that shouldn't there be a statute of limitations on the child support?
No because the guy here was technically evading child support until he got the paternity test. You don't get statute of limitations from a theoretically ongoing crime which is why he's still on the hook. It all comes down to irresponsible people being further irresponsible complaining about their irresponsibility coming back to bite them in the ass and turning into a "WTF FAMILY COURT FUCKING THE MAN/GREEDY WOMAN!" hatefest.
Click to expand...

Then there should be a mandatory DNA test or something that the state pays for to ensure the court doesn't fuck up. The way it is now is a half assed lazy way to do it and still leads to fuck ups anyway.
 
C

chaosblade

Unconfirmed Member
Sir Abacus said:
If someone garnishes your wage for child support and your first reaction isn't a paternity test you may as well cover your eyes and wish it would go away. Which he basically did.
Click to expand...

The state still completely fucked up by not serving him any notice, and they are totally handwaving that fact. That's somehow okay?
 
S

sikkinixx

Member
LowlySmokeGuy said:
Then there should be a mandatory DNA test or something that the state pays for to ensure the court doesn't fuck up. The way it is now is a half assed lazy way to do it and still leads to fuck ups anyway.
Click to expand...

Agreed. Part of your baby's first hospital check up should be a DNA test of baby and the biological parents, which gets recorded in their file.
 
S

Sir Abacus

Member
chaosblade said:
The state still completely fucked up by not serving him any notice, and they are totally handwaving that fact. That's okay, but the fact this entire situation stemmed from a lie isn't?
Click to expand...

There's a big line item on your paycheck that says "WE'RE TAKING YOUR MONEY DEADBEAT".

Does he want a written invitation from the governor?!?
 
K

Keri

Member
If his paycheck was being garnished this whole time, as the lawyer of the mother claims, then he was extraordinarily negligent in not contesting this sooner. It doesn't matter how innocent you are - if you are aware of legal action against you and fail to participate, you will have a judgment entered against you. And if you wait to long after that, to contest the judgment, then the order will be final. That's true for everyone and in every civil scenario.
 
entremet

entremet

Member
Sir Abacus said:
If someone garnishes your wage for child support and your first reaction isn't a paternity test you may as well cover your eyes and wish it would go away. Which he basically did.
Click to expand...
At 31 bucks he might have not noticed. Could’ve figured it may have been taxes. 31 bucks is not a huge garnishment.

You can’t plead ignorance, but seems he wasn’t given proper notice. Unless he’s lying.
 
E

Earthbound64

Banned
Not victim-blaming, but just curious:

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.
Click to expand...

How exactly can money be taken out of someone's paycheck without them noticing and doing something about it?
I mean, don't people wonder where their money is going?
 
R

rjinaz

Member
Sir Abacus said:
If someone garnishes your wage for child support and your first reaction isn't a paternity test you may as well cover your eyes and wish it would go away. Which he basically did.
Click to expand...

So the man, whom wasn't the Father, and basically had his wages stolen, is actually the one at fault in this situation, not the Mother that willfully caused it.

I mean I get what you're saying, the guy should have been on top of it, but, the woman has to have some blame there as well. Ideally the two sides could compromise.
 
S

Sir Abacus

Member
entremet said:
At 31 bucks he might have not noticed. Could’ve figured it may have been taxes.

You can’t plead ignorance, but seems he wasn’t given proper notice. Unless he’s lying.
Click to expand...

I'm sure the guy that evaded child support payments until he was given a lucky out was surely waiting around for a summons or notice from Texas's equivalent of CPS.

And if you believe that I have a bridge in Brooklyn I want to sell you.
 
You must log in or register to reply here.

Similar threads

The man who owes Nintendo $14m: Gary Bowser and gaming’s most infamous piracy case
2
85
4K
SHA replied
Ancient Roman figures brought to life via AI
Science 2 3
100
6K
Dirk Benedict replied
  • Poll
Et tu, Brute?
Poll 2
51
3K
TrueLegend replied
Half-Life YouTuber Ross ‘Accursed Farms’ Scott, is planning a lawsuit against Ubisoft over The Crew’s shutdown
News Drama 2
88
5K
MacReady13 replied
Apple Sued by DOJ for Illegal Monopoly over Smartphones
2 3 4 5 6
270
11K
PaintTinJr replied
Top Bottom