Remove Judge Kathleen M. McCarthy
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Judge ‘Outraged’ at Innocent Man, Orders Him to Pay $30,000 in Support for Child That Isn’t His
Carnell Alexander is not the father of the now-adult child for whom several courts, including the Wayne County Circuit Court this week, have ordered him to pay $30,000 in back child support for. How do we know he’s not the father? Because he took a DNA test proving the contrary, and even the mother (an ex-girlfriend) now says he’s not.
How is it possible in the Land of the Free that men can face huge fines, revocation of professional licenses, forfeiture of the right to international travel, and sometimes (as in Alexander’s case until this week) even jail time, from owing child support to kids that aren’t theirs? I wrote a feature about that 11 years ago, entitled “Injustice by Default.” Short version:
Governments (and sometimes even hospitals) are financially incentivized to attach paternity to the children of single mothers, particularly those seeking welfare benefits. Departments of Child Support Services will sometimes go on information as flimsy as “Dude with this name living in Southern California”; if a records search turns up only one dude, he will likely be mailed a court summons. That court summons will often be very confusingly written, so that the men don’t realize that they are just 30 days away from being declared the father via default judgment. Once you have been named the father, you owe all back child support (sometimes with interest), said support will be garnished from your wages, and it is devilishly hard to get your paternity undeclared, even with DNA proof and sworn affidavits from the mother.
Filed under: General Problems
It’s so easy, isn’t it? We should all just go out and hire a lawyer. You’re a lawyer. How many thousands of dollars does it cost to contest paternity that didn’t cost a dime for the woman, in this case, to pin paternity on this innocent man? You say people are hysterical. This man was placed in jail for not paying child support for a child that wasn’t his. Incarcerated! Denied his civil rights. Tell me, rich lawyer, where is an innocent man, who had proof in hand that he was not the father, going to get the money to pay your exorbitant legal fees when he’s already juggling the electric bill and the mortgage, deciding to pay this one now and try to catch up on the other one next time? By the way, you comment that we are unreasonably angry (hysterical). The judge said that she was “outraged” because she felt like she was misrepresented in the media but didn’t bother to say HOW she was misrepresented. I would say our side has much, much more to be “outraged” about when men are ROUTINELY discriminated against in Family Court on the basis of their gender. I know you’ll never admit this but we all know the facts whether or not you choose to play ignorant. Additionally, THE TELEVISION NEWS REPORT STATED THAT THE LETTER INFORMING THE MAN OF HIS PATERNITY WAS SENT TO A HOME WHERE HE DID NOT RESIDE, as he was incarcerated. It seems to me, that domestics is part of the legal system which could’ve very easily discover that the man was incarcerated with almost no effort at all. It is a plausible scenario that this man was already hopelessly behind on his child support and therefore, couldn’t possibly get current before he could get paternity reversed. I hope you listen better in court to testimony when you are representing one of your clients. People are angry because their lives are ruined by a blatantly biased legal system. It makes sense that people would despise a judge who was clearly more concerned about getting a bad press than she was about a terrible injustice being done to an innocent man.
We have a mother hahaha that doesn’t know who the sperm donor actually was, a man that got the DNA, and now should pay money that he will never see after losing work and trying to find a way to pay attorney’s fees. And we know that isn’t cheap. The support for his not biologically related child should at least go into a untouched trust while the donor in located. Perhaps then mother will remember more.
Your anger is misplaced. What is missing from this hysterical post are the facts. No mention is given whether this man ever contested paternity in a timely fashion when his case first came to court. Contrary to the article, paternity cannot be established by a hospital or otherwise EXCEPT BY COURT ORDER.
Once paternity is established by a court order, most states require child support to be current before you can disestablish paternity. Most likely, this judge was merely following the law of her state. As a practicing attorney I have represented men such as the one referred to in the post. The law is designed to protect children. If you don’t like the outcome, learn the facts first and then learn the law before you attack the judge, whose job is just to enforce the law.
“The law is designed to protect children.”
That’s a canard your legal system uses as it routinely discriminates against men. If its really for the children shouldn’t the system give the children to the dad something more than just 10% of the time? I work closely with children and families in their homes. I know that fathers are as good as mothers when it comes to parenting. Any comments as to why this discrimination occurs ROUTINELY against fathers and lawyers like you say nothing at all about it?
Well even if she try’s to say she didn’t know then, she should know now. And this should be overturned!!!
I live not to far from there,this one bad person,can,t call her a judge no respect for something like that peice of crap,the man has been going to court for years she souldn,t be on the bench
I hope his lawyer files an appeal…wonder if she could be brought up.before the.legal ethics board for incompetence