"A Toronto-area man must continue paying child support to his former wife despite DNA tests proving he is not the biological father of her 16-year-old twins, an Ontario Superior Court judge has ruled.
Pasqualino Cornelio will also not recoup any of the child-support money he paid out since the couple separated a decade ago, Justice Katherine van Rensburg wrote in her decision.
In making her recent ruling, the judge referred to a 1999 Supreme Court of Canada decision that said if someone acts as a parent and provides support for a child during a marriage, they are obliged to continue that financial support after separation or divorce -- even if the child is not biologically theirs.
"While the failure of Ms. Cornelio to disclose to her husband the fact that she had an extramarital affair and that the twins might not be his biological children may well have been a moral wrong against Mr. Cornelio, it is a wrong that does not afford him a legal remedy to recover child support he has already paid, and that does not permit him to stop paying child support," Judge van Rensburg wrote."
Fair? Equitable?
No comments:
Post a Comment