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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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  #11 (permalink)  
Old 01-18-2016, 10:53 AM
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Birth control is the responsibility of both parties, not just one. Bottom line. This is no different than the other way around where a man might say he has had a vasectomy in order to have a "better experience" when in fact he has not. The woman would still have had a choice to say no, you must use a condom or some other method of birth control.

Both parties are responsible.
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Old 01-18-2016, 10:58 AM
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Quote:
And I do understand your point. She apparently committed fraud, he has been damaged as a result, and she is getting off scott free. Unfortunately, because there is another life involved, it's not as simple for a judge to penalize her as it would be if she had just swindled him of money some other way.
I don't see why he can't sue her for an amount equivalent to the CS he has to pay. It should come out of her personal income or savings etc... If she was a wealthy person its very reasonable to believe she would have the excess income to pay damages and it not impact the children. Even if she was "middle" class it just means no vacations or a crappier car etc...

I believe this also a matter if deterrence, if woman wouldn't make profit off children this wouldn't happen as often. Now a poor woman gets knocked by a doctor and she is now getting 2x her monthly income.
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Old 01-18-2016, 10:59 AM
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Quote:
Originally Posted by PeacefulMoments View Post
Birth control is the responsibility of both parties, not just one. Bottom line. This is no different than the other way around where a man might say he has had a vasectomy in order to have a "better experience" when in fact he has not. The woman would still have had a choice to say no, you must use a condom or some other method of birth control.

Both parties are responsible.
Should people who commit fraud benefit? This has nothing to do with birth control. This is a case of intentional fraud and profiteering.
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Old 01-18-2016, 11:03 AM
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Quote:
Originally Posted by PeacefulMoments View Post
Birth control is the responsibility of both parties, not just one. Bottom line. This is no different than the other way around where a man might say he has had a vasectomy in order to have a "better experience" when in fact he has not. The woman would still have had a choice to say no, you must use a condom or some other method of birth control.

Both parties are responsible.
Very true... a story that is happening to someone close to me... couple going through divorce... father was sick 10 years ago, under went chemo, eventually was in remission. Doctors told him he would never had kids again... he had two before he got sick. Fast forward, the couple separated last spring, dad went into a new relationship with a cousin of mom's really good friend. Well this new girl is pregnant. According to this friend of moms, the cousin isn't happy. She already has two kids herself that are 11 and 15... dad told her he could not have kids anymore after his illness.

Well surprise! After his chemo, he was never tested and him and his ex never had sex in 10 years (relationship was rocky before he got sick but mom couldn't leave him while he was going through what he was)

So dad told new gf he couldn't have kids, she believed him because his ex never got pregnant after his illness (not knowing they were in a sex less marriage for the last 10 years). Now gf has as baby on the way. Dad is claiming miracle baby and gf is apparently not happy.

This can happen both ways and it just goes to show that it is both partners responsibility to make sure they did what they can to avoid unwanted pregnancies.

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Old 01-18-2016, 11:05 AM
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I understand the issue of intentional deceit, and I am not condoning that. I still think though that it does in fact come down to birth control. A child is forever, not like buying a lemon of a car. Both people need to take personal responsibility and accountability when it comes to birth control. When the consequences of not being responsible for oneself are so enormous, then more so the reason to take appropriate precautions.
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Old 01-18-2016, 11:10 AM
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Berner. That is quite a story and while there was nothing intentional, you are right, it was still the GF's responsibility to decide to take that risk.

I myself was "surprised" when I got pregnant due to previous difficulties, but at the same time, my partner and I both knew we were taking risk of pregnancy, even if small by not being more careful.

However, that "surprise" was wonderful even if unplanned at that time.
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Old 01-18-2016, 11:16 AM
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Originally Posted by PeacefulMoments View Post
Berner. That is quite a story and while there was nothing intentional, you are right, it was still the GF's responsibility to decide to take that risk.

I myself was "surprised" when I got pregnant due to previous difficulties, but at the same time, my partner and I both knew we were taking risk of pregnancy, even if small by not being more careful.

However, that "surprise" was wonderful even if unplanned at that time.
It is interesting and I was beyond shocked when I received the email. Mom is keeping the baby because she doesn't believe in abortion. She could never turn around and sue dad... she didn't take reasonable precautions either.

I sorta feel sorry for dad in this case... he owes full cs for two kids and if this doesn't work out he owes full cs for an additional child. He complains now about his cs obligations, he clearly didn't think about what would happen with an additional child

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Old 01-18-2016, 11:21 AM
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Well, hopefully they can look at the baby as a surprise and not as a mistake. I forget where I heard this, but it was something along the lines of a surprise being a present you didn't know you wanted until you got it.
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Old 01-18-2016, 11:34 AM
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The whole thing almost reads as a "Organized Pseudolegal Commercial Argument" in ways... Or a "Organized Pseudolegal Psychological Argument"...

CanLII - 2012 ABQB 571 (CanLII)

What is funny is that the Applicant in this matter was able to retain a lawyer to take on this ridiculous case!

Good Luck!
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Old 01-18-2016, 12:07 PM
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My former SIL works for lawyer for Applicant. I've had cocktails with this lawyer. I really like the judge and had the pleasure of having him decide a motion in my matrimonial litigation.
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