blnymph -> RE: 'Legislative slut-shaming': How the German 'Cuckoo Kids' Law' punishes women (9/8/2016 6:13:06 PM)
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ORIGINAL: DesideriScuri quote:
ORIGINAL: blnymph You still did not at all understand the general situation and the legal position of the father. It gets tiring to explain it again and again at length. Just a short summary: If a "father" thinks he isn't the father he can of course refuse to pay alimony. That has consequences of course. The alimony will be advanced by the Jugendamt so the child has not to wait for any legal decision - the biological father will have to repay the alimony (with interest). He can't demand a DNA paternity test, but the child can. Why would the child ever demand a paternity test, then? Since it can't necessarily positively identify the father, but only determine if this guy is the father or not, if the child demands a test and it turns out this guy isn't his biological father, the guy can stop paying child support (what we call it in the US). I don't know the laws in the US regarding cases like this, but you're saying that this guy can sue the kid for the money he's already paid the kid? The kid has to pay this guy back? What if they never find the kid's biological dad? The kid is now out money that's likely already been spent, but there's no one he can sue to recover the money he's due. If the kid doesn't allow a paternity test, this guy is on the hook, when it's entirely possible that he's not the kid's biological father, and, therefore, not responsible for the monetary payments. What if the mother says she slept with the neighbor guy and not her husband? Is the neighbor now responsible for the child's welfare payment, even if the mother's husband is still there? Germans do a shit ton of stuff very well. I don't think this is one of those things. To begin from bottom: Problems like these usually do only arise with parents not or no longer married. If a child is born within marriage it is considered "ehelich"/legitimate and the descendance is clear, and so are the mutual responsibilies, and may they all live happily ever after. 1) If a mother although married declares the next door neighbour to be the biological father, the neighbour has paternal obligations, so yes, the husband is out, unless he declares the child legitimate (a husband can do that). With daddy next door and husband no longer interested in mother and child it usually gets a family court case. 2) If a father paid alimony although he is not the father he has indeed to sue the child as the recipient of his support. The child (and its legal representatives) usually have an interest to find the biological father, because the child would legally have to pay the alimony back, which in fact again means the "Jugendamt"=state paying it back to regain it from the biological father (hence one of the reasons why the child as legal party is interested in clearing the matter; the second is heritance aspects after the death of the biological father). The risk may indeed be that the person who was believed to be father is no longer father. Alimony is protected so it can not be taken away from the child, so the child can keep the alimony money paid already, but the state has to refund the no longer father and has a claim about that money from the biological father to be found. Alimony payments will be continued by the Jugendamt which has nobody yet to get it back from unless the biological father is revealed/found. The child has no right to inheritance after the no longer father but after a biological father yet to be identified. 3) If in this constellation the mother is not revealing the identity of the biological father (just the initial problem, see link in post 1) there is no means to force her to reveal it although it is her legal obligation towards the child to do so. That is the flaw in the system. Legally it is a child-mother conflict, less so about alimony which is assured but also about future inheritance for instance which mother prevents the child from claiming in the future. Being a child-mother conflict (and family court case) of which the result can be of great importance for the male(s) involved can be annoying but may explain male complaints since they can for quite a while only watch what happens when. The problem for a may-be or may-not-be father is that he cannot advance the case eg by demanding DNA testing. Only the child can demand that. These are usually dirty laundry cases and the enthusiasm of the parties to cooperate is low, and hurt feelings galore. Not to forget: The risk for a not-yet-revealed and maybe not knowing biological father to wake up one day with a 5-6 digit debt of alimony reclaim is a serious risk - hence the considerations to limit that reclaim in the future. But above all is safeguarding the rights of the child nonetheless, so the proceedings are hardly understandable if these are not mentioned or ignored.
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