在美国男方先可以 file to Revoke Paternity Established by Marriage 然后 离婚 男方就不需要付抚养费 If you are the husband, you can ask the judge to revoke (undo) the husband’s paternity of a non-marital child. Either you or your spouse must file a Motion to Determine Child Born Out of Wedlock to ask the judge to revoke paternity. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you will need
在美国男方先可以 file to Revoke Paternity Established by Marriage 然后 离婚 男方就不需要付抚养费 If you are the husband, you can ask the judge to revoke (undo) the husband’s paternity of a non-marital child. Either you or your spouse must file a Motion to Determine Child Born Out of Wedlock to ask the judge to revoke paternity. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you will need mitbbs9 发表于 2022-06-07 22:59
人家这孩子们都是born in wedlock啊。你这个一点都不适用。 在加州,离婚肯定要付抚养费的。
When Your Daddy Is Not Really Your Daddy: A Man Successfully Sues His Ex-Wife for Paternity Fraud Damages https://verdict.justia.com/2012/10/16/when-your-daddy-is-not-really-your-daddy In a question of first impression, the court unanimously recognized a cause of action for intentional misrepresentation of paternity, and upheld the trial court’s award of $25,000 in damages to compensate for the wrongful payment of child support and medical insurance following the couple’s divorce. With this ruling, Tennessee joins a handful of states that allow a man who is in this situation to seek some sort of civil damages against the woman who deceived him.
这是田纳西的法律 结婚后, 女方和别人通奸生下小孩 丈夫离婚 sue the infidelity 女方要给男方赔偿10万美元精神损失 +2万五的物质损失 男方不负责任何抚养费 这是田纳西高院最后的判决 The trial court awarded him damages—$100,000 for emotional distress, and about $25,000 for his actual losses due to child support and insurance payments. But on appeal—an appeal that ultimately went to the state’s highest court—the question was raised whether misrepresentation of paternity is a cognizable cause of action. In other words, is this kind of claim something that can form the basis of a lawsuit and an award of money damages? Five states clearly allow such suits, and about an equal number expressly reject them. The question, then, for the Tennessee Supreme Court was whether it would allow this type of suit and, if so, with what limits
这是田纳西的法律 女方和丈夫以后通奸生下小孩 丈夫离婚 sue the infidelity 女方要给男方赔偿10万美元精神损失 +2万五的物质损失 男方不负责任何抚养费 The trial court awarded him damages—$100,000 for emotional distress, and about $25,000 for his actual losses due to child support and insurance payments. But on appeal—an appeal that ultimately went to the state’s highest court—the question was raised whether misrepresentation of paternity is a cognizable cause of action. In other words, is this kind of claim something that can form the basis of a lawsuit and an award of money damages? Five states clearly allow such suits, and about an equal number expressly reject them. The question, then, for the Tennessee Supreme Court was whether it would allow this type of suit and, if so, with what limits mitbbs9 发表于 2022-06-07 23:18
回复 25楼tidewater的帖子 2012年以后 自从DNA能够检测parentality, 美国很多州都开始使用Paternity fraud 男方可以反诉女方 Paternity fraud takes place when a woman leads a man to believe that he is the biological father of her child when she knows that he is not. When an unmarried woman gives birth to a child, she automatically has legal and physical custody of the child. The father has no rights to the child until he acknowledges paternity, which then comes with the obligation to pay child support. A man who has been a victim of paternity fraud can file a Petition to Disestablish Paternity, which requests the termination of his parental rights and an end to his obligation to pay child support. He may also bring a civil action for paternity fraud against the mother to recover damages and any emotional distress. The statute of limitations for filing the Petition to Disestablish Paternity is five years. I Need to Revoke Paternity Established by Marriage: Tools for the Legal/Presumed Father toolkit or the I Need to Revoke Paternity Established by Marriage: Tools for the Mother toolkit.
回复 25楼tidewater的帖子 看看加州的例子 How to Disestablish Paternity in California。 March 18, 2017 https://www.gylfamilylawfirm.com/blog/2017/march/how-to-disestablish-paternity-in-california/#:~:text=Your%20first%20step%20is%20to,Declaration%20of%20Paternity%20be%20canceled.
加州也可以 男方填表 取消抚养费 in case paternity fraud CS 915(English) (1/15): Declaration of Paternity Rescission https://childsupport.ca.gov › uploads › sites › POPPDF The Declaration of Paternity Rescission must be correctly completed, with all necessary documents...
回复 31楼的帖子 美国已经有30多个州 都已经明确 男方可以起诉女方的paternity fraud 有的州规定5年之内 有的州规定10年之内 男方和子女做DNA检测 Maryland 和Ohio州 可以无限期 的反诉女方 加州和乔治亚州早就在2002年通过了类似法律 德克萨斯州 经过六年的辩论后 也通过 paternity fraud 法 男方不需要付抚养费 Texas Passes Law to Correct Unfair Treatment of Paternity Fraud Victims After six years and three congressional sessions, Texas legislators have changed a law that previously prohibited victims of paternity fraud from challenging child support obligations.
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这个妻子的回复好像这的华人大妈口气
我觉得大叔需要一点精神损失费
和很多华人大妈逻辑神似
看对谁了。华人大妈不少是洋汉疯。恨不得给洋人多生三五个。
(刚才楼里有 id 更正了)
这也太郁闷了吧
在美国男方先可以 file to Revoke Paternity Established by Marriage 然后 离婚 男方就不需要付抚养费
If you are the husband, you can ask the judge to revoke (undo) the husband’s paternity of a non-marital child. Either you or your spouse must file a Motion to Determine Child Born Out of Wedlock to ask the judge to revoke paternity. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you will need
虽然我也支持大叔要精神损失费,但按照美国的法律,即便孩子不是他的,离婚了,他还得付孩子的抚养费
人家这孩子们都是born in wedlock啊。你这个一点都不适用。 在加州,离婚肯定要付抚养费的。
在美国也可以 反告作弊母亲 以下就是一例子 女方作弊 离婚后 男方不需要付抚养费 而且女方还得赔偿男方10万精神损失费 加 25000美元物质损失
When Your Daddy Is Not Really Your Daddy: A Man Successfully Sues His Ex-Wife for Paternity Fraud Damages https://verdict.justia.com/2012/10/16/when-your-daddy-is-not-really-your-daddy
In a question of first impression, the court unanimously recognized a cause of action for intentional misrepresentation of paternity, and upheld the trial court’s award of $25,000 in damages to compensate for the wrongful payment of child support and medical insurance following the couple’s divorce. With this ruling, Tennessee joins a handful of states that allow a man who is in this situation to seek some sort of civil damages against the woman who deceived him.
这个例子就是讲born in wedlock, but not the biological father and the wife is infidel so the non-biological father should file the motion.
这是田纳西的法律 结婚后, 女方和别人通奸生下小孩 丈夫离婚 sue the infidelity 女方要给男方赔偿10万美元精神损失 +2万五的物质损失 男方不负责任何抚养费 这是田纳西高院最后的判决
The trial court awarded him damages—$100,000 for emotional distress, and about $25,000 for his actual losses due to child support and insurance payments. But on appeal—an appeal that ultimately went to the state’s highest court—the question was raised whether misrepresentation of paternity is a cognizable cause of action. In other words, is this kind of claim something that can form the basis of a lawsuit and an award of money damages? Five states clearly allow such suits, and about an equal number expressly reject them. The question, then, for the Tennessee Supreme Court was whether it would allow this type of suit and, if so, with what limits
有没有加州的判例。田纳西判例加州基本不认。
2012年以后 自从DNA能够检测parentality, 美国很多州都开始使用Paternity fraud 男方可以反诉女方
Paternity fraud takes place when a woman leads a man to believe that he is the biological father of her child when she knows that he is not. When an unmarried woman gives birth to a child, she automatically has legal and physical custody of the child. The father has no rights to the child until he acknowledges paternity, which then comes with the obligation to pay child support.
A man who has been a victim of paternity fraud can file a Petition to Disestablish Paternity, which requests the termination of his parental rights and an end to his obligation to pay child support. He may also bring a civil action for paternity fraud against the mother to recover damages and any emotional distress. The statute of limitations for filing the Petition to Disestablish Paternity is five years.
I Need to Revoke Paternity Established by Marriage: Tools for the Legal/Presumed Father toolkit or the I Need to Revoke Paternity Established by Marriage: Tools for the Mother toolkit.
看看加州的例子 How to Disestablish Paternity in California。 March 18, 2017 https://www.gylfamilylawfirm.com/blog/2017/march/how-to-disestablish-paternity-in-california/#:~:text=Your%20first%20step%20is%20to,Declaration%20of%20Paternity%20be%20canceled.
加州也可以 男方填表 取消抚养费 in case paternity fraud
CS 915(English) (1/15): Declaration of Paternity Rescission https://childsupport.ca.gov › uploads › sites › POPPDF The Declaration of Paternity Rescission must be correctly completed, with all necessary documents...
美国已经有30多个州 都已经明确 男方可以起诉女方的paternity fraud 有的州规定5年之内 有的州规定10年之内 男方和子女做DNA检测 Maryland 和Ohio州 可以无限期 的反诉女方 加州和乔治亚州早就在2002年通过了类似法律 德克萨斯州 经过六年的辩论后 也通过 paternity fraud 法 男方不需要付抚养费 Texas Passes Law to Correct Unfair Treatment of Paternity Fraud Victims After six years and three congressional sessions, Texas legislators have changed a law that previously prohibited victims of paternity fraud from challenging child support obligations.
这就太惨了
也许医生的儿子也不是医生自己的