The moral here is to be extremely cautious if there is any possibility of a child support issue arising.
Posts belonging to Category DNA
It will be interesting to see how this is handled. It is possible that he has a civil case against the biological father’s estate. He may also have a case against the attorney who represented him for malpractice. Historically, however, the presumption of paternity of the husband trumps everything else. So just because it is obvious he wasn’t the father, nevertheless, the courts may decide to leave this case alone.
LOS ANGELES – A longtime friend of Sam Kinison said Thursday that he recently obtained DNA testing shows the late comedian fathered a daughter with his ex-wife and that he hopes the revelation will free him from years of unpaid child support penalties.Comic Carl La Bove filed a petition Thursday to try to invalidate a nearly 13-year-old agreement requiring him to make payments for the girl, who is now 21 years old.
As of 2009, La Bove owed nearly $188,000 in back child support, according to a statement filed with his petition.The debt has left La Bove without a driver’s license, a passport and shoddy credit, he said.But he said any animosity he felt toward Kinison for sleeping with his now ex-wife during Kinison’s hard-charging heyday in the late 1980s is gone.
Success is not guaranteed, said Michael McCormick, executive director of the American Coalition for Fathers & Children, which is aiding La Bove in his case. The 52-year-old comic will have to show that he was coerced into signing the 1998 agreement.
In his court filings, he claims he was not fully informed of his rights before signing the agreement. In an interview, he said that his divorce from his ex-wife took six years and that his attorney never suggested he challenge the paternity of the child, even though his then-wife had told him that Kinison was the girl’s dad.
He says he lost 5 years with his daughter because of a medical mix up at VCU medical center. A mix up that said he was not the girl’s biological father. “I hate to see her walk out that door,”says Robert Downer. Downer says it all started 6 years ago, when he took a paternity test at VCU Health system in 2003. It said he wasn’t the biological father of little Cassidy Walker. But Downer felt in his heart and soul that he was. Downer says, “I will never forget her first night here, “her very first night here, when she told me that God told her that I was her daddy and it hasn’t been the same since.”
DNA tests tend to be a slam dunk in court. Apparently, as this case tragically indicates, you can’t necessarily trust these labs.