Sanity?

America's divorce, child custody and child support systems are massive, stupid jokes.

We've spelled out some of the horrors this system has inflicted over the years.

Finally - some sanity?

(Via Dean Esmay)

For many years, both in California and many other states in the US it wasn't necessary for an unwed mother to prove paternity in order to collect child support from a man. All that was required was his name. As if that wasn't bad enough, many times the alleged 'father' had never even met the woman filing the complaint. The county (or state) looked for someone with the same name living in the town or city that the 'dead-beat' dad was supposed to live. It wasn't too often that the agencies involved did much in the way of investigation. In some cases they also did a very poor job of notifying the supposed dead beat dad of his obligations. In many cases the first indication that a 'dead beat' dad has is when the support payments are garnished from his wages. By then, it is usually too late to appeal as the appeal deadline has passed and he's stuck paying child support for a child that isn't his even if he can prove he isn't the father.

Now that may be changing.

On June 30th, the Second District Court of Appeal of California overturned a court order requiring child support payments by Manuel Navarro on the basis that he had proved that he wasn't the father based upon DNA tests and that the lower court had erred in denying his appeal even though under state and federal child-support laws he could be ordered to do so. The Court of Appeal cited a section of California's Child Support Enforcement Fairness Act of 2000 as the main reason for its decision to overturn the lower court.

I added the emphasis.

Oh, the stories I could tell.

And will. In August or September.

Long story.

Posted by Mitch at July 16, 2004 07:28 AM | TrackBack