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6-year-old twins weren't his: should "dad" still pay child support?
Filed under: Divorce & Custody
There had always been rumors, but Dylan Davis chose to believe his wife when she told him that the couple's children were his. After the two divorced, Davis took a DNA test that proved he wasn't the father, but he was still required to pay $1,045 a month in child support.
That's because, currently, the law in Colorado requires men to to pay child support for children older than 5, even if they can prove they are not the biological father.
At first, this seems like obvious injustice, but the issue is more complicated. Especially in Davis' case, he'd lived with the children, who assumed he was their father, for 6 years. Though he still pays support (reduced to $663 because a change in employment status), he now has no contact with his children. Whether or not there is a biological connection, his sudden, complete absence from these children's lives must be hard on them. In addition, it's important that the children receive adequate support -- for obvious reasons.
But, regardless of who raised the children, shouldn't the responsibility for support fall on the biological father? Where's the guy the wife was having an affair with? Why isn't anyone chasing him down for money?












ReaderComments (Page 2 of 2)
2-01-2007 @ 12:24PM
Stephanie said...This is a tough situation. Although the children are not biologically his, this man did raise the children for 6 years. He is the only father they know. He went through his wife's pregnancy with her, probably changed diapers, read countless bedtime stories and kissed boo-boos. How could any man deny that he was the father after 6 years, just because they didn't happen to come from his sperm?
Legally it seems an effort should be made to locate the biological father, but ethically I'd say he is that dad after 6 years and owes these children a lot more than child support, he owes them his time and love as the only father they've ever known.
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2-02-2007 @ 10:17AM
Belinda said...I don't think you should have to pay anymore! It isn't fair! The kids are NOT his therefore he should have to pay for them. And if he as been paying for a while before finding out they are not his I think she owes him money! How would you like to pay me child support for MY child? She isn't yours! Sounds like the same thing here!
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2-02-2007 @ 10:30AM
Belinda said...My mother made me call my sister's father dad because he "raised" me from the time I was two until their divorce when I turned 12. He doesn't pay child support for me! Yea she came in with me, but it sounds the same here! My fiance has two kids from a previous marrage and while there is NO QUESTION that the oldest is his, he sometimes questions the youngest son. But he was there to sign the birth certificate and he LOVES the boy. He doesn't think it would be fair if he found out that youngest really wasn't his and it wouldn't change his love for him so he has never taken that step. He pays his child support and talks to them several times a week. But this man has removed himself from the picture COMPLETELY he OVIOUSLY doesn't LOVE this children because they are not his (just like when I found out that my sister's dad wasn't my dad, I never wanted to call him dad again, I was five by the way).
Also my fiance was still married to his ex wife at the time of the THIRD child's birth and the judge TRIED to pin THAT one on him too. But he said he hadn't touched that lying B***H in over a year. DNA test was done and of course the child wasn't his.
The kids are NOT his, he doesn't CARE about them, and therefore he should not be paying. He needs to be taking LEGAL measures to have his name taken OFF the birth certificate and have his last name taken from the kids!
I am a firm believer, if they are YOUR kids YOU need to pay for them. No matter WHAT they call him, he is NOT the father and doesn't have to pay!!!
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2-20-2007 @ 6:57PM
disgruntled ex-wife said...Listen all you noble men. if you take the child on as your own, then the child is yours whether you have to pay more support or not!!!!!!!!!!! If you are noble enough to take on a child that you know is not yours, and raise that child, then you need to think about the child!!!!!!!!!!!!! not the money, or getting back at the ex-wife. you better believe i am in that situation. we decided to raise our child together, no questions asked. now that we are divorced, and he has to pay child support, he can back out after the child is nine??? I say what a pathetic loser. not a noble man, an ass, who would sell out a poor child for a few bucks. YOU BETTER DECIDE THAT FOR LIFE YOU WANT THAT CHILD, CAUSE YOU CANT BACK OUT, WHEN YOU GET ANGRY AT THE EX WIFE. THAT IS AS BAD AS THE EX CHEATING....
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2-23-2007 @ 3:47AM
Dwayne said...I have a simular situation. my wife and I were going through problems about 5 yrs ago. I was suspecting that she was cheating, but was really unsure. My wife and I barely had sex during this time.
I remember one day she came home from work and wanted to have sex. I was elated that she wanted me after what we had been going through. As I was about to withdraw due to feeling an orgasm. She "acted" as if it was the best time we ever had sex and beckoned me to ejaculate in her.
A few mins later she acted worried and ran to the computer. I can still remember the ut-oh coming from her as she was staring at a web site the showed her conception dates. She turned and said to me that she may have just gotten pregnant.
Sure enough she was. Now the child is 4 yrs old and a few months ago I saw a text msg on her cell phone that confirmed she was cheating.
During our discussion on this matter we the issue of my paternity to our 4yr old son came up. She admitted that he may not be mine and was totally against a DNA test.
Tonight I did the test with my son and will find out next week if I am his biological father or not.
I love this child with all my heart, but everytime I think of her actions, I get sick to my stomach and know that if the test results come out not in my favor that the nail will be hammered in the coffin and this marriage will be over.
There is no doubt that she has no respect for me or herself. She conned me into believing I was the childs father. I wish some sort of legal action could be taken aganst her for fraud or something.
I have had my head bumped by her and during the time we were having difficulties, she was only using me making me the fool that I have become.
I am so angry about this, all she had to do was let me know she wanted someone else. Now even though when she got busted (text on cell phone). She agreed not to see this guy anymore, but I have found out that she is still in touch with him. (HE MUST FEEL REAL GOOD KNOWING HE GOT HER, A KID AND A FOOL TO TAKE CARE OF HIS KID.) In Illinois I dont have a leg of legal support to stand on in this matter. Because we have 3 older children who I am sure are mine, and divorce with child support will have me working to only have to reside in my car.
This situation has stressed me to the point I have considered suicide. I only keep thinking of the children I love that keep me going, but she flaunts her whoreish attitude at me daily now, texting and talking to men on her cell, going away and staying out at late hours. She knows she has me by the balls.
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