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Another Non-Father Emasculated By Support Court: Pay Up or Go to Jail

Posted by Karen Murphy

money clip father is bankerIn yet another stroke of judicial brilliance, Missouri resident David Salazar lost his appeal with a Missouri court this week and has been ordered to pay over $13000 in back child support or face a felony charge punishable by four years in prison, all because he and his estranged wife were too poor to get a divorce before she had a baby with another man.  Even though both Mr. Salazar and the child's mother have testified that they separated well before she became pregnant and that he is not the child's father,  the court would have none of it because Mr. Salazar, who didn't graduate from high school and likely was even unaware of what was taking place, failed to contest the original determination of support within the stipulated time.

I'm all for child support.  I'm even, or my children are, a recipient of it.  The present disparity in incomes between me and The Ex makes this necessary.  But!  Come on, court system!  Rules are one thing and are useful guidelines in most cases, but lighten up here!  There's a human element here, not to mention an element of common sense.  And there is such a thing as following rules right into the ground.  What about the fact that a hospital worker insisted Mr. Salazar's estranged wife use his name on the baby's birth certificate?  Or the fact that the state Child Support Enforcement Division named Mr. Salazar the father without performing any testing?

It's all in the name of doing "what's best for the child".  But who gets to determine that?  Are you willing to allow your state court system determine what's best for your child? 


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Comments

 

LushMommy said:

This case is definitely fucked up. (I always hated Missouri anyway, for their horrible puppy farms and the slutty girls it produces that steal one's high school sweethearts.) But this is more an example of judicial abuse than of an unfair child support ruling.

I'm a single mom who was never married to my son's father (but we both knew the baby was his) and have *yet* to take him to court over child support. My son's father, who is ten years older than me and still works at the same job when we dated, as one of those part-time permanent office temps, who only supplemental income is trying to get gigs as an entertainer (magician/clown) on the side, and dreams of becoming famous as a filmmaker, all the while not giving up his weed/micro-brewed beer habit. (Can you see why I broke up/dated with him?)

I work only part-time and from home b/c I cannot afford the outrageous rates that NYC charges for Caribbean/Tibetan/college-age nannies. When I discuss getting a better or full time job with my son's father, he starts palpitating: he says it is UNFAIR for me to be making more money than him and being able to pay off the mortgage on my house (he has always rented). He also says it is UNFAIR for him to contribute to the cost of child care if I go to work full time, which NYS requires of noncustodial parents. Lastly, he is scared shitless about having to contribute, as NYS also requires, to healthcare for our son and wants me to stay in a low-income job so I can continue to receive Medicaid as our healthcare provider. He also says that EVERYTHING I buy with the measly $400 he gives me a month (the NYS mandated 17.5% of his salary) is partly from him, while 100% of my salary goes to paying utilities and such. I think, as well as many people close to me, that this deadbeat deserves to be put to court to settle this. My son is almost 2 years old and I've been too nice thus far.

I know that some ex-couples can work it between each other out of the court for child support and child custody (which are two SEPARATE things). But the court is there for a very good purpose.

February 14, 2007 10:52 AM
 

Karen Murphy said:

Clearly, the system needs a major revamping for many reasons, yours included.  Yikes.  

Still, yes the court is there for a good purpose and I hope it protects as least some people, because it has totally and unbelieveably messed with my life and my children's lives, choosing to believe a charming, lying abuser instead of the mother who raised the children.  Call me bitter.  I hope it works out better for you.

February 14, 2007 10:55 PM

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