A man from Texas challenges a court order under which he must pay tens of thousands of dollars of child support on a child who does not even have a father, according to local news service.
In 2003 a Texas court to support children decided that the 45-year-old Gabriel Cornejo is obliged to pay the alimony to his ex girlfriend who had recently given birth, because she swore that the man is the legal father of the baby.
Cornejo, who currently fosters three children and two nephews, says that he was not even aware of this, and learned about the payment of child benefits only last year, when the bailiff handed him court documents alleging that he has another child. Soon, Cornejo was found with a child in the first and only time in his life, describing it as «a wonderful girl». After conducting a DNA test he learned that the girl is not his daughter.
However, the ex-girlfriend Cornejo and staff still want to receive a payment in the amount of $ 65,000.
The Texas family code, Chapter 161, says that even if a man is not the biological father, he still has to pay child support, which accrued until the time that a paternity test will prove otherwise. In the case of Cornejo, this amount is about $ 65,000.
The lawyer of his former girlfriend, Karel Smith, claims that some money was deducted from salaries Cornejo a few years ago, and he did not dispute it. This fact can satisfy the argument of the court that he had had to resolve this issue.
Cornejo and his lawyer, Cheryl Coleman must now convince the judge to reopen the case since the initial court order cannot be changed. If this does not happen, Cornejo will have to pay or he would be behind bars.
The case should be remanded to the court next month.
