An Illinois court ruled in favor of a Thai woman recognising an American as her child’s father
An Illinois Court has ordered a man to pay child support in Thailand to triplets he had fathered through assisted conception methods.
Justice Lampkin of the Circuit Court of Cook County ruled in accordance with a judgment order from Thailand recognizing Harlow to be the biological father of triplets conceived by gamete intrafallopian transfer (GIFT) and imposed child support obligations on him.
The mother, Wipaporn T. petitioned the Circuit Court of Cook County to recognize and enroll the Thai judgment under the principles of comity.
Harlow tried to get the petition dismissed under claims that it contradicted an Illinois Parentage law that does not recognize sperm donors as fathers. However, Harlow had signed the consent form for the transfer under “husband”. Wipaporn also submitted photographs showing Harlow and herself participating in a traditional Thai marriage.
The Illinois court ruled that since Harlow had acted like the father prior to conception and had “plans to claim the three boys as dependents, take tax deductions for his support payments to them and enable them to access their rights of U.S. citizenship,” he must support the three children.
Thailand Paternity Right
Thailand Child Support
A US expat who was residing in Thailand has pled guilty to fleeing the United States in 2007 to avoid paying child support according to The United States Attorneys Office, Western District Missouri.
Randy Lee Essary, admitted that he has failed to pay any court-ordered child support for his son for more than eight years and owes $164,891.
Essary now faces a sentence of up to two years in federal prison without parole, plus a fine up to $250,000 and an order of restitution.
The case is significant insofar as it demonstrates that fleeing the US with the intent to avoid paying court ordered child support is a serious case and will be prosecuted by the US Federal authorities. Fleeing the US to avoid child support is a separate offense from the failure to pay child. The feeling case is covered by Federal jurisdiction,. whereas in most cases, child support is a state legal matter.
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Photo by Jeff Hester
Opposing Views recently reported that an American father had been ordered by an appeals court to pay half of his 26 year old daughter’s $225,000 law school tuition fees.
The father, Mr Livingston, agreed to pay half of his daughter’s tuition fees in a divorce settlement in 2009. His daughter then asked him to honor the agreement in 2012 when she was accepted to attend Law school. Mr Livingston responded that he would pay $7,500 and only if his daughter lived with her mother and attended a Law school of his choice.
Mr Livingston’s estranged wife filed and won a lawsuit against him in 2012 demanding that he honor his child support agreement. Livingston recently appealed against the court’s ruling stating that he should not have to honor the divorce agreement because he has become estranged and that he had no involvement in the choice of her Law school.
Mr Livingston may have prejudiced in this decision because of the child support settlement agreement he previously signed. Had there been no signed agreement the Court may have ruled that child support should end when a child reaches the age of emancipation. Chaninat and Leeds Thailand child support attorneys state that in Thailand, the majority (emancipation) age is 20 years old. In US Courts the age of emancipation can vary but is usually considered to be between 18 and 21 years of age. However, in some cases child support obligations may be extended until college graduation.
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Joseph Chmelar, a divorced dad of two, was told by his two young sons, that not even nine months after splitting from their mother, that she had another baby. Shortly thereafter he received a letter, revealed Wood TV, demanding that he pay $8,500 in back pay child support for the baby. There was at no time a dispute raised over the paternity of the child. Further, the biological father is actually happy to take financial responsibility.
As the mother had become pregnant when she was still legally married to Mr Chelmar, an old Michigan Paternity law states the Court is under no obligation to recognize a child’s biological father, but instead when considering child support, should consider who can best provide for the child, thus Mr Chelmar found himself involved as he was still married to his ex wife at the time of the baby’s conception.
The Court has now said Mr Chemlar is clear of all responsibility for that child.
In Thailand, if parents cannot agree to the terms of child support, a complaint can be filed with the court demanding Thailand child support. If the father’s paternity has not been established by law, it may be necessary to file a paternity case against the father. Cases are decided by the Central Juvenile and Family Courts of Thailand. The Family Court will take into consideration various factors in arriving at a child support schedule.
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Thailand Parental Law
Single Father Households In The US On The Rise
Is it possible to give up child support in exchange for parental contact?
No said the Indiana Supreme Court yesterday. The Court unanimously ruled against a decree absolute which had confirmed a father could be relieved of child support in favour of the mother accepting sole financial responsibility if he also gave up his access rights.
Thailand Divorce Lawyer
Chaninat and Leeds specializes in divorce cases in Thailand
The father since made repeated attempts to have those arrangements overturned, and eventually the Supreme Court agreed with him. The NWI Times reports they ruled that it will rarely be in a child’s best interest to lose full contact with either parent, unless there is a physical or emotional reason.
According to Thailand child custody law, both parents of a child have full custodial rights. However, legal issues will often arise surrounding the finding of paternity. In other words, Thailand law requires that a father be the “legal” parent, as well as the biological parent, to have father’s rights.
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