Thursday, May 26, 2016
2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.
2 Year Statute of Limitations Still Applies in Fraudulent Paternity Suit
From Missouri Divorce and Family Law:
Mother and Father (T.B.) had a baby in 2000. Mother told T.B. he was the father, and he signed an affidavit acknowledging paternity. The Family Support Division made an administrative determination that T.B. was the legal father, and ordered T.B. to pay child support for the child in February 2001.
Sometime prior to June 2010, to clear her conscience, Mother told T.B. that he was not the biological father. Father filed a declaration of non-paternity on August 27, 2012. He attached a DNA test report showing he was not the biological father of the child. T.B. sought relief under Rule 74.06(d), asserting that Mother had perpetuated fraud against him by making false statements to him that he was the biological father when she knew he wasn’t.
The trial court concluded that T.B.’s right to bring an action for extrinsic fraud was foreclosed by the statutory time limit for him to contest paternity, which had run.
Read more here.
Tuesday, May 24, 2016
People say "Yes!" to Family Leave Programs
From ABC News:
Time off from work to care for a child or relative is codified in federal law. Now, an overwhelming majority of Americans 40 and older want that time away from the job to be paid.
An Associated Press-NORC Center for Public Affairs Research poll released Friday said 72 percent support paid family leave. Democrats were more likely to back it, but Republicans also expressed strong support. Overall, support was stronger among people age 40-64 and among women.
At least 19 states are considering paid family leave laws, but only three have active programs. New York, the latest to approve it, will launch its program in 2018.
"There is a lot of interest and a lot of momentum," said Ellen Bravo, executive director of Family Values @ Work, an advocacy group. "We hope that over the next five years a critical mass of states will win these policies."
Read more here.
Sunday, April 17, 2016
From Fox 59:
Paid parental leave is a growing trend across the country. New York, New Jersey, Rhode Island and California all have laws requiring paid leave for new parents.
On Tuesday, San Francisco became the first city in the nation to require employers to give six weeks paid parental leave, but could it happen in Indianapolis?
Lawmakers say it’s a great idea, but are unclear at this point if it can become a reality in Indianapolis.
Councilman Jeff Miller says any discussion on paid parental needs to be well thought out and local businesses need to be included in the conversation.
“It would take a lot of research on our part. You know it’s very early to say what would or wouldn’t work in Indianapolis, but what I do like is we have examples being put out there that we can look at, monitor,” said Councilman Miller.
In Indiana, parents can take up to 12 weeks off a year through the Family Medical Leave Act, but it's unpaid.
Parents say this could be big for all Hoosier families if it becomes a reality.
Read more here.
Saturday, January 16, 2016
From The Telegraph:
A new incentive was launched in Sweden this week encouraging fathers to take three months paid paternity leave. Like several European countries, Sweden has a ‘daddy quota’ of paid time off that’s allocated to couples as a unit, but only allowed to be taken by the father and therefore lost if he chooses not to take it. The new 30-day extension, which came into force on January 1, follows a successful increase to two months in 2002.
It's a policy designed to ensure men take more of the childcare burden, and the latest change is expected to be embraced by fathers in Sweden, which was the first to introduce gender-indifferent parental leave in 1974. Already, men there take an average of three months off work to look after their newborns; in Britain less than 10% exceed the statutory two weeks, often citing a fear of falling behind in the rat race.
Currently UK fathers are eligible to take one or two weeks paid leaveany time within 56 days of the birth. As a result of changes championed by Nick Clegg in 2014, there is also an option of taking between two and 26 additional weeks off, with each extra week subtracted from your partner's remaining allocation.
The Scandinavian stances on parental leave – as with so many other social policies – may make the UK's seem staid and imbalanced, then, but how do our rights compare with fathers around the world?
Read more here.
Sunday, January 3, 2016
From Business Insider:
Chung Sang-hoon, 34, has taken a year off of his intensive sales job to stay at home with his children.
Taking paternity leave was previously unheard of in South Korea. Now, a small group of "superdads" are joining a growing, government-encouraged movement.
"The reason I took childcare leave is I want to be different from my father's generation," Sang-hoon said. "Everything is definitely worth it, from preparing breakfast to doing the dishes. I can live for the sake of values I find important."
His wife, Jeon Jeong-mi, said her husband taking paternity leave has been a huge help to her career.
"I can work without feeling pressure," she told Reuters. "I don't have to worry about home. And I do not have to go home early. Also, I do not need to feel sorry for my kids whenever I go to work in the morning."
These "superdads" are challenging gender roles in South Korea, where men are expected to work long hours and be minimally involved with raising kids.
The country's rigid gender expectations have led South Korean women to believe they're being punished in the workplace because they may have to take time off to care for their kids down the road, per Reuters.
As a result, South Korea has the lowest birth rate of wealthy nations, which is why South Korean President Park Geun-hye has made increasing the number of men who take paternity leave a priority — both to address the low birth rate and to give women's careers a boost.
Read more here.
Monday, December 21, 2015
From NBC News:
Facebook CEO Mark Zuckerberg announced recently that he would be taking two months off when his daughter is born. We don't know when his wife, Priscilla Chan, is due, but the announcement prompted an immediate discussion of paternity leave and parental benefits.
It turns out Zuckerberg isn't the type of Californian who normally takes paternity leave. Newly published research suggests that men are more likely to take time off when they're having a boy than a girl. They are also more likely to take time off when they work in female-dominated occupations (which tech is most certainly not).
California is one of only three states that has legislation providing paid family leave for all full-time employees. In fact, the U.S. is the only industrialized nation that doesn't have a national paid family leave policy.
A team of professors from Columbia University, the University of California-Santa Barbara and the University of Virginia used data from the Census Bureau's American Community Survey to study the effects of California's Paid Family Leave program (CA-PFL) on parents' decision to take time off when their children are born. The law was passed in 2002 and took effect in 2004.
The data show that men were 46 percent more likely to take paid parental leave in the first year of their child's life when CA-PFL was made available. That's a big relative gain, but in absolute terms there is a long way to go — the law boosted paternity leave to 2.9 percent from 2.0 percent.
Read more here.
Sunday, November 15, 2015
From PBS NewsHour:
Amazon announced to its employees today that it has increased the amount of leave time it is giving to new parents, joining a host of other tech companies that are extending benefits in order to attract top talent.
Amazon’s policy change comes after a blistering New York Times investigation in which the company was lambasted for fostering a harsh work culture. The article included examples of women who felt they were penalized for trying to spend time caring for children or relatives. It’s a portrayal the company disputes.
Under the policy, all new parents, including those who are adopting a child, will get six weeks of paid leave. This means that birth mothers, who already had 10 weeks of leave, will now have 16 weeks of leave time, or 20 if they qualify for an additional four weeks of medical leave. New fathers, who previously did not have paid leave time, will now be able to take paid time off.
Additionally, Amazon is introducing a “leave share program” where employees can give some of their leave to a partner at another company. Under this program if the partner does not have paid parental leave, the Amazon employee returns to work, and the partner will be paid by Amazon to stay home. Returning to work, primary caregivers will have the option of working part-time for their first eight weeks back.
Amazon’s changes also come in the wake of Netflix's highly publicized policy of giving new parents unlimited time off during the first year after their child’s birth or adoption. Other tech companies such as Facebook, Apple, Google and Yahoo all offer maternity leave of at least 16 weeks for birth mothers, and at least six weeks paternity leave for fathers and non-biological parents.
Read more here.
Sunday, October 25, 2015
From Medina County Gazette:
The Navy’s top officer said Tuesday the service is considering extending paternity leave for new fathers.
The Navy currently awards married fathers up to 10 days of paid leave upon the birth of a child. In July, the Navy tripled paid maternity leave for female sailors and Marines to 18 weeks.
A female sailor asked Navy Adm. John Richardson during a meeting with hundreds of service members at a Pearl Harbor pier whether the Navy might increase paternity leave as well.
Richardson said it was something officials in Washington were now discussing.
Richardson and Master Chief Petty Officer of the Navy Mike Stevens called about 10 sailors who became new fathers within the past year to the front of the pier and asked them how much paternity leave the Navy should offer.
The group quickly discussed the issue, and then replied their consensus was that the Navy should give 30 days of paternity leave.
Richardson said he’ll take that opinion back to Washington.
Read more here.
Sunday, September 13, 2015
70 countries around the world now provide paid paternity leave for fathers. The length of time offered and the average payment level differ drastically between countries, according to the World Economic Forum, based on an OECD report. Even though South Korea and Japan offer dads the most paid time off work, very few men avail of it due to cultural perceptions that raising a child is primarily the mother’s task.
While fewer than 2 percent of fathers in Japan and South Korea take paternity leave, 89 percent of dads take time off in Sweden. In countries where the paternal leave on offer is relatively short and well paid, more fathers tend to take the opportunity to use it.
Read more here.
Friday, July 31, 2015
From Military Times:
Possible paternity leave for single sailor fathers is on the radar, according to a Navy spokeswoman.
Married service members are allowed 10 days of paternity leave that is not against their other leave under a 2008 law that stresses the word “married.”
Navy spokeswoman Lt. Jessica Crownover said requests for paternity leave from single service members have come in.
As such, “part of the Sailor 2025 initiative is to evaluate this law and consider how changes will improve work-life balance,” Crownover said.
Army, Air Force and Marine Corps officials say the idea is not being discussed within their services, although the Marine Corps does allow single Marine father to request paternity leave under limited circumstances.
For example, when appropriate medical facilities are not available for delivery of a child, the male Marine may be authorized paternity leave to accompany his spouse before and immediately following delivery. That particular authorization may be extended to unmarried male Marines in circumstances such as — but not limited to — when the unmarried male Marine has sole custody of the baby.
Read more here.
Friday, June 26, 2015
From Florida Times-Union:
Under a new law, the Department of Human Services will now be able to conduct DNA tests for all child support cases in which paternity is unresolved.
DHS met on Wednesday in Atlanta to discuss changing its internal rules to fit HB568 that will go into effect July 1.
Under the new law, any man that is proven not to be the biological father will not have to pay child support. The bill was intended to end wrongful paternity claims prior to legal action.
Read more here.
Wednesday, November 2, 2011
From Foxnews.com on the reported suit to establish (minor) Justin Bieber's paternity:
Teen idol Justin Bieber allegedly lost his virginity – and impregnated a young woman – during a 30-second tryst after a concert in Los Angeles late last year, according to a paternity suit filed Monday.
RadarOnline.com reports that Mariah Yeater, 20, filed court papers on October 31 stating that Bieber is the father of her three-month-old child.
Yeater could also be opening her up to a potential statutory-rape probe, however, as Bieber would have been 16 when the alleged incident occurred.
California’s age of consent is 18.
Bieber's rep strongly denies the charges, telling RadarOnline.com: "While we haven't yet seen the lawsuit, it's sad that someone would fabricate malicious, defamatory, and demonstrably false claims. We will vigorously pursue all available legal remedies to defend and protect Justin against these allegations."
Regarding the statutory rape possibiilty, Steve Cron, a California defense lawyer, told the New York Post: “Under a normal situation, no harm, no foul ... I would think [prosecutors] might let it go. But under these circumstances, the DA’s office has to show they’re not treating women differently, not treating a celebrity differently, [and] they might have to do something.”
A hearing on the matter is scheduled for December 15.
Read the full article here.
Thursday, April 21, 2011
The New York Times ran a story last weekend about a great filiation case - worth $50 million - working its way through that New York Court system that challenges the old presumption that the husband of the mother is the father of a child born during the marriage. A good read during exam season! Read the piece here.
Thursday, March 10, 2011
From Florida Wires:
Read more here.
Monday, September 6, 2010
My friends (of both genders) keep drooling over this arrangement, so, back by popular demand, here’s another post dedicated to it:
Over the past 15 years, the streets
I had expected great physical comedy in Daddyland—fathers covered with diaper leakage, babies covered with motor oil, men forcing resentful toddlers into soccer matches. I realize now how insensitive to my Swedish brothers this was. Swedish dads of my generation and younger have been raised to feel competent at child-rearing. They simply expect to do it, just as their wives and partners expect it of them (even though women still do far more child-related work in general). It's eye-opening in a really boring way.
The working world has adjusted accordingly. Most companies seem to fill parental-leave vacancies with short-term contracts, and these seem to function as good tryouts for permanent employment. It all feels pretty organic in a globalized world of flat organizations and gender equality, of employees who are not locked into one assignment or skill set.
Read more here. And, somewhat relatedly, Happy Labor Day!
Wednesday, August 4, 2010
From NBC LA:
Choosing a sperm donor can be overwhelming for many couples and even more challenging to those who are trying to go it alone. There is a ton of information one has to sift through: donor's blood type, favorite color and even high school G.P.A. However, what the donor looks like is one aspect expecting mothers won't be able to see.
A local sperm bank is looking for a way around that issue by using some familiar faces. The California Cryobank is using celebrities to categorize what the donor looks like. But don't expect to walk in and ask for a "George Clooney" or "Brad Pitt" because the bank won't put any donor in that category for fear there would be such a run on the vials. Guess you'll just have to settle for the "Steve Carell," " Ben Affleck" or "Bill Gates."
Read more here.
Friday, July 23, 2010
Parness & Townsend: "For Those Not John Edwards: More and Better Paternity Acknowledgments at Birth"
Jeffrey A. Parness & Zachary Townsend (Northern Illinois University College of Law) have posted "For Those Not John Edwards: More and Better Paternity Acknowledgments at Birth" (forthcoming University of Baltimore Law Review) on SSRN. Here is the abstract.
When former U.S. Senator and Presidential candidate John Edwards (finally) declared his paternity of Quinn, born of sex to Rielle Hunter, many assumed he could then begin to raise as well as financially support the child he once publicly shunned. Many assumed legal paternity could arise through a court order, if not Rielle’s wishes. Had he been on the Maury Povich television show, the positive genetic tests would have prompted the host to declare John the father. Yet notwithstanding these declarations, there would be no childrearing by John if Rielle determined he should have no contact with Quinn, even if Rielle sought child support from John and even if Quinn’s best interests favored contact between her and John. For genetic fathers like John whose bedmates are not like Rielle, there are often no opportunities to present Christmas gifts.
As John and Rielle were never married and as Rielle was not married to another, Quinn was a nonmarital child with no federal constitutional legal father at birth. At birth, John may have had a federal constitutional opportunity interest in establishing parentage, seized by stepping up to parental responsibilities. Yet, as John only declared paternity two years after birth, after denying fatherhood and prompting another man to declare his genetic ties with Quinn, he may have been too late to seize the federal opportunity interest in order to fully parent Quinn without Rielle’s cooperation. Only with Rielle’s consent could John now complete a voluntary paternity acknowledgment, a prerequisite to placing John on Quinn’s birth certificate. And with Rielle’s opposition, any paternity lawsuit by John to establish regular contacts with Quinn would most likely fail even though any paternity lawsuit to establish John’s financial support of Quinn would most likely succeed.
Popular misconceptions about legal paternity for nonmarital children born of sex largely arise due to confusion and ignorance about voluntary paternity acknowledgments. Our exploration of the federal and state acknowledgment laws reveals that a John Edwards is often no new father with legal childrearing rights so that without a Rielle Hunter’s help, his relationship with a Quinn would be limited to checks in the mail.
Voluntary acknowledgment laws are especially important today because about 1.7 million nonmarital children are born of sex each year in the United States, with about one third, like Quinn, having no legal father at birth. In 1940, there were only about 90,000 nonmarital children. Like Quinn, some of today’s fatherless children have late arriving declarations about genetic ties, and perhaps paternal child care. Far more nonmarital children remain fatherless, though possibly the subject of later suits seeking child support.
Many nonmarital children will be born fatherless under law even though U.S. governments proclaim that these children should have both a mother and father under law at birth. Voluntary paternity acknowledgment laws can better prompt dual parentage. After reviewing contemporary acknowledgment forms, we suggest laws to prompt more, and more reliable, paternity acknowledgments, and thus more legal fathers at birth for nonmarital children.
Thursday, July 8, 2010
Unfortunately, the study also suggested that the men were lying. Read more here.
Tuesday, July 6, 2010
Wednesday, June 23, 2010