DISCUSS

Man must pay support though twins not his

Jan 08, 2009 04:30 AM
Comments on this story (137)
Precious Yutangco
Staff Reporter

An Ontario Superior Court judge has ordered a Toronto man to continue paying child support even though a DNA test shows he is not the biological father of his ex-wife's twins.

In her ruling, Madam Justice Katherine van Rensburg decided that even though Pasqualino Cornelio did not father twins – now 16 – with Anciolina Cornelio, he must continue to pay child support because "he was the only father the twins knew during the course of the marriage."

Pasqualino began paying child support in 1998, after the couple separated.

In 2002, the two agreed to joint custody, when they also settled that he would continue to provide monetary support.

But after Anciolina asked for an increase in payments and a reduction in the time he spent with the children, Pasqualino demanded a DNA test.

When the results showed Pasqualino was not the father, he asked to be excused from paying child support and demanded he be reimbursed for tens of thousands of dollars that he had paid in the past.

He claimed that their 2002 agreement failed to disclose that Anciolina had an affair while they were married, calling it an act of fraud or misrepresentation.

But according to van Rensburg, it should not be a question of whether he is the biological parent, but rather whether he was considered a parent by definition.

"Cornelio denies knowledge of who the twins' biological father might be," van Rensburg said.

"In fact, she claims to have no memory of an extramarital affair preceding their birth, which she attributes to the medication she was taking at the time."

In the end, van Rensburg ruled in favour of Anciolina.

"The relationship that developed from the time of their birth was the natural relationship between a parent and his children," she said.

"The fact of that relationship – even if it has now become strained – is sufficient to require Mr. Cornelio to continue to contribute toward the children's material needs."

Because Anciolina can't remember the affair, she claims she has no idea who the twins' father is.

The judge concluded that the children should not suffer because of the parents' wrongdoings.

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I AM SO PISSED AT THIS!!!!!!!!!!!!! Why in the HELLLLLL should I have to pay support for some kids that ain't mine? SHE DECEIVED HIM. He stepped in as dad because he thought they were his. Don't give me any of that "oh he's the only father they have known". That's not his problem. That's like a complete stranger suing me cause her kids want a x box 360,IAINTGOTNOTHUNGTODOWITHIT. That's something you need to work out with their father. Imagine this dude has another kid,his REAL child and he can't do as much for them cause he gotta pay some slore half his check. That kid is suffering isn't she? I hate seeing innocent brothers getting trapped by the system. I am living proof of how having extra responsibilities can change the things you are able to do in life. At least in my case it is voluntary (till we get married then i'm screwed)but this man is being held hostage in a situation that does not concern him.

I know there are many times where I have seen something I wanted or a place I wanted to go but being a family man meant I could not partake in that and it does make you feel a certain way but I'm in love and the tykes make me smile. I could imagine being FORCED to eat chef boyardee so you'll be able to make your payment and being so bitter about it. I'll be on here all night talking about this if I get started so I'll let you discuss instead