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Arkansas Court Rules That Non-Father Must Pay Child Support

Posted by JasonAvant

Anthony Parker is not a father. According to his lawyer, Anthony Parker has never claimed to be a father. Yet an Arkansas judge has decided that Anthony Parker must pay child support.

I'll be honest with you, dear readers. It's about 9:00 and my wife and I just got back from a nice dinner, during which many glasses of wine were consumed. Yeah, I'm a little drunk. This article, it confuses me. Maybe it's the vino. So I gotta ask you - is that article fer reals? It's not an Onion piece? I didn't fall through some temporal rift and end up in the future, on April 1st? There wasn't some bizarre computer glitch that caused the Arkansas court system to reunite O.J.'s jury for another trial? (On the other hand - $24 bucks a week for child support? What the hell does this kid eat? Tic Tacs?)

Apparently, Parker had ignored the state's Office of Child Support Enforcement's paternity complaint, filed in 2002; the state went after him after he failed to pay the initial judgment, and he further buggered himself by failing to appear in court. The state garnished his wages, and even though Parker ultimately proved, via a paternity test, that he was not the father the state's Supreme Court ruled that he still owes in excess of $4,000 in back child support. For a child that's not his. If that seems a little bass-ackwards, well, it's Arkansas. One of course wonders where the actual father is during all of this. Maybe it's my West Coast liberal mentality, but shouldn't he be the one to pay for child support? Parker's lawyer's have released a photo of the man, and though as an objective journalist I really shouldn't get involved, my conscience won't allow me to turn my back. Please notify Arkansas authorities immediately if you encounter this man.


Comments

 

Rahab said:

This hapens in every state (most publicly Amber Frey had been collecting money from a man who was not the father of her first child for years)

If a woman claims a man is the father of her child, wheels are sent into motion to collect money from him, even if he never met her. A paternity test only happens after a man insists on it. Sometimes he doesn't know he has been named as the father. Men in the military who are away have their wages garnished without notice to them. They also have little recourse to get back money paid in the past for child that wasn't theirs. A man in NC with a name similar to a man named as the father in a California suit had his wages garnished. He had never been to CA and had his own family and couldn't afford to hire a lawyer and travel to California to prove his innocence.

It is quite a scam, really. We live in a land of misandrist laws based on the alleged (mopstly imaginary) wrongs done to women by men in the past.

January 12, 2007 11:39 AM
 

Whit Honea said:

Can I claim guys aren't paying me child support?  I like a good scam.

January 12, 2007 11:49 AM
 

Peter said:

I keep getting e-mails from various deposed Nigerians offering to send me child support.  I'm wary.

January 12, 2007 3:09 PM
 

jyllianm said:

I agree this is asinine, but was it entirely necessary to take a swipe at the entire state for this? To trot out Jethro yet again? No, it wasn't, it was just easy. Stop being so simple or if you can't do that maybe try and be funny.  

January 13, 2007 11:37 PM
 

Jah RastaYid said:

The article says Parker was the "acknowledged father."  According to http://arkansas.statelawyers.com/Practice/Practice_Detail.cfm/PracticeTypeID:75 "An acknowledged father is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support."  If the court held that he was the acknowledged father, then, by the definition, he had agreed earlier that he was.  At that point, he was liable for support.  Some states allow for the forgiveness of unpaid support obligations if paternity is disproved.  Arkansas doesn't.  Should that change?  Probably.  Supposedly, legislation to that effect is being considered.  That legislation could be written to cover Parker and others in his predicament.  As an "objective journalist," you could have done a little more research, maybe?  To paraphrase a quote attributed to Marcus Aurelius, "The opinion of 10,000 objective journalists is of no value if none of them know anything about the subject."

Jah

January 14, 2007 11:49 PM
 

JasonAvant said:

Jah - so apparently the court declared Parker to be the acknowledged father without first establishing that he was within the context of that law; "biological" being the key word here. And per my being an "objective journalist", I'll offer up Roland Barthes: "What I claim is to live is the full contradiction of my times, which may well make sarcasm the condition of truth."

January 15, 2007 11:26 AM
 

Jah RastaYid said:

Jason,

I retract my snarky Marcus Aurelius quote.  Totally out of line on my part.

There are several travesties of justice here.  The first is the law that the AK court correctly interpreted.  It stated that only future obligations could be forgiven if paternity was disproved.  The AK legislature was negligent and wrong.  But, the court was right.  Cries of activist judges aside, the court's job is to interpret the law as written.  They did just that.  Law and justice are (too) often different things.

Another travesty is Parker's actions.  To be an "acknowledged father" under the AK definition, Parker had to state that he was (or believed he was) the "biological" father.  I'm conjecturing here, but his second thoughts arose when he was served with a support order.  He could/should have asked for the test then.

From what I've seen and read, the "office of fatherhood" is interpreted pretty broadly by many states.  Living together at the birth of the child, providing shelter, food, or clothing can constitute being the "father" under the laws of many states.  The intent is to protect that child.  I suppose things are that way in part because it can be pretty simple for a man to skate on his responsibilities and avoid paying support.  That's too bad: for the child, the mother, and the public stuck with the bill.

Jah

January 15, 2007 11:00 PM
 

Strollerderby said:

Unlike Arkansas, which recently required a non-father to pay child support , legislators in Colorado are drawing the line with a proposed bill that exempts non-fathers from paying child support for other guys' kids. The intricacies of child support awards

January 30, 2007 8:23 PM

About JasonAvant

Jason Avant is the Founder and Managing Editor of DadCentric, a groundbreaking and popular blog that, according to his agent, provides an offbeat look at events and issues that affect today's fathers. He also writes for Maya's Mom, and his personal blog, Pet Cobra. Jason lives and works in San Diego, Calif. with his wife and two-year old son. His hobbies include surfing, skateboarding, muttering under his breath, haggis tasting, macrame', and writing short descriptions about himself in the third person.

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