Should a dad’s child support obligations for his 16-year-old twins terminate now that DNA testing confirms he is not their biological father? According to Justice Katherine van Rensburg the answer is no.
While the decision stirs up bile in the gut - especially given the mother’s preposterous claim that she has no memory of an extramarital affair due to medication she was taking! - the judge’s finding is consistent with case law in a system that’s all about what’s in the best interests of the children.
Van Rensburg has also taken into account that these days it’s recognized being a parent is about more than whose blood runs in the children’s veins. More than genetics are being regularly looked at in deciding what constitutes a family. And in this diverse society, that’s a good thing - although Pasqualino Cornelio might not agree.
Cornelio was ordered to continue paying child support to his ex-wife for their twins, and was denied a request for repayment of support he has paid even though he has recently learned he is not their biological father.
Ah yes, but he is legally their father; as the judge said the “only father” they’ve known. In fact, he stood in the place of a parent even though he mistakenly believed he sired them. Granted, it might have been nice to have made the decision with full disclosure, but sadly that horse left the barn a long time ago.
“While the failure of [Anciolina] 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,” said van Rensburg.
The judge said even if the matter were approached on the basis of fairness to the father, she decided his support obligations should continue notwithstanding the DNA. She noted Cornelio knew at the time of separation his wife had an affair with one “Tony” and he was suspicious said liaison might have produced the children.
Notwithstanding that niggling doubt, Cornelio at one point sought joint custody and entered into a consent order for his ongoing involvement in their lives and support. It wasn’t until access was interrupted and his ex began these proceedings seeking a boost in child support that he pursued the issue.
“I can only conclude that this motion by Mr. Cornelio is a response to the current conflict with [his ex] and his unfortunate alienation from the children, which may well be temporary,” said the judge.
Cornelio’s reaction is understandable, but cutting support hurts the kids at the end of the day. So, while it’s probably a bitter pill for him to swallow (and
apparently for legions of Internet armchair critics of this decision), and say what you want about this woman, the fact is that children have the right to support apart from the parent’s conduct, even in these unusual circumstances. The judge is right; it’s wrong to take this out on the twins.
But does that mean the ex-wife is off the hook? Well, not to the extent of losing child support since it benefits the kids. But maybe now’s the time for her to search the inner caverns of her brain and cough up the “real” daddy.
Perhaps with the joyous news that he sired not one but two children ‘lo those 16 years ago, he’d be willing to take some of the burden off Cornelio . . . although, yes Virginia we know there is a Santa Claus.
Meanwhile, in the vein of When Harry Met Sally, we’d like to have some of what Anciolina had if it means one can conveniently erase unwanted memories.
- Gretchen Drummie
