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Court: Man has to help maintain illegitimate child.


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A company director failed to convince the High Court that he should not have to help maintain an illegitimate child whom he fathered but never wanted.

 

The 53-year-old father of three, whose extramarital tryst with a sales director in the same company led to the child's birth, argued that he had disowned his offspring and should not be treated as a parent as he had no contact with the child.

 

But Senior Judge Kan Ting Chiu made it clear that, under the Women's Charter, the father had a duty as a parent to support the child. "To paraphrase the provision, a parent has a duty to maintain his or her children, whether they are legitimate or illegitimate," the judge said in judgment grounds released yesterday.

 

Lawyers said the case underlined the law on a putative father's obligations for maintenance and rules that intention is irrelevant, even if the child was begotten from a one-sided affair or a brief encounter, such as in a brothel.

 

The company director had claimed that his relationship with the woman had been purely sexual and that he had been outfoxed by her, as she sought to beget a child by him.

 

She countered that their relationship had been based on mutual affection and consent and that she loved him.

 

The man's lawyer, Mr Koh Tien Hua, argued in the High Court that common law and other statutes, such as the Constitution, treat the mother as the parent of an illegitimate child.

 

But the woman's lawyer, Ms Leong Pek Gan, referred the court to the Women's Charter.

 

The judge held that the Women's Charter "clearly contemplates" a man being regarded as a parent of an illegitimate child as well. He ruled that both parents were obliged to pay for the upkeep of the child and they should bear the financial burden equally.

 

"The norm should not be that parents contribute in proportion to their means because that will place unequal burdens on them for no good reason."

 

The judge found that although the woman earned a lower monthly salary of $5,200 compared with the man's monthly income of $14,075, there was no evidence she was unable to pay half the monthly $1,440 maintenance for the three-year-old boy.

 

To this end, he reduced the monthly sum to be paid by the father from $1,050 - set by a district judge in 2013 - to $720.

The 41-year-old woman is a divorcee with a five-year-old daughter and worked in the firm where the man owns a majority stake.

 

"I have never wanted this child and I didn't even plan for this," said the man in his testimony.

 

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Source: http://www.straitstimes.com/news/singapore/courts-crime/story/man-has-help-maintain-illegitimate-child-court-20150523

 

Somehow, doesn't feel fair to the man at all.

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Hypersonic

how come both parents need to pay maintenance for upkeep of the child?

 

does this mean the child is not in custody of either?

 

if so, i can only say......

 

 

fxxxed up parents

 

[:|]

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Hypersonic

If the man knows how to shoot, then he has to prepare for the consequences...

It is irresponsible to just ditch the child like that, and somemore the child carry his gene and blood...

Be responsible to your own child !

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Hypersonic

Want to piak raw, but don't want the risk or consequences, where got so cheap. Please pay the price instead of crying unfair.

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Hypersonic

There are circumstances where a child should be aborted. This is one of them. Why bring the child to suffer? Like an orphan...

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how come both parents need to pay maintenance for upkeep of the child?

 

does this mean the child is not in custody of either?

 

if so, i can only say......

 

fxxxed up parents

 

[:|]

 

Seems like the mom got custody of him.

 

The man used to be paying 1K+ out of 1,440, but it has been dropped to 720.

 

Problem is, piak that time, both consented and wanted it. But got baby, the man didn't want (well, presumably coz he already has a family), but the woman wanted and thus, kept the baby.

Now, the man gotta pay, coz of WC.

 

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Hypersonic

 

Seems like the mom got custody of him.

 

The man used to be paying 1K+ out of 1,440, but it has been dropped to 720.

 

Problem is, piak that time, both consented and wanted it. But got baby, the man didn't want (well, presumably coz he already has a family), but the woman wanted and thus, kept the baby.

Now, the man gotta pay, coz of WC.

 

 

thanks for the clarification

 

in that case, i support that fact that the man should pay even without WC.

 

it's called responsibility for your own actions

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There are circumstances where a child should be aborted. This is one of them. Why bring the child to suffer? Like an orphan...

 

You see, one cannot predict the future.

 

Maybe initially, both agree to keep the baby and the woman take care of everything. As time passes by and the child grow big, more attention is required and thats when problem steps in.

 

So one pull out causing the other to take court action .... :chilling:

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(edited)

 

Seems like the mom got custody of him.

 

The man used to be paying 1K+ out of 1,440, but it has been dropped to 720.

 

Problem is, piak that time, both consented and wanted it. But got baby, the man didn't want (well, presumably coz he already has a family), but the woman wanted and thus, kept the baby.

Now, the man gotta pay, coz of WC.

 

 

[idea] want to have affair next time... get the lady to sign a document that absolves the ''sperm donor'' from parenting responsibilities like those at sperm banks lo... :ph34r::psychotic:

Edited by SuPerBoRed
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Hypersonic

 

You see, one cannot predict the future.

 

Maybe initially, both agree to keep the baby and the woman take care of everything. As time passes by and the child grow big, more attention is required and thats when problem steps in.

 

So one pull out causing the other to take court action .... :chilling:

 

The man has never wanted the child. My guess is the woman kept it from him and then ask for money when the child was born.

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[idea] want to have affair next time... get the lady to sign a document that absolves the ''sperm donor'' from parenting responsibilities like those at sperm banks lo... :ph34r::psychotic:

 

Can't escape DNA .... :a-m1524:

 

If it is your, its yours. Unless DNA show you not the father .... :grin:

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The man has never wanted the child. My guess is the woman kept it from him and then ask for money when the child was born.

 

How too when both working in same company as Directors... [grin]

 

Can see tummy getting bigger and bigger each passing month.... :huh:

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Can't escape DNA .... :a-m1524:

 

If it is your, its yours. Unless DNA show you not the father .... :grin:

PART VIII
MAINTENANCE OF WIFE AND CHILDREN
Duty of parents to maintain children
68. Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, and whether they are legitimate or illegitimate, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof.

 

ps... i went to read... coz i juz too bored in office... kekeke

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Hypersonic

When the girl get preggy, whether to abort or not, the girl has more say, as she has bears the pain, trauma of labor and abortion. The guy should accept responsibilities regardless of the choice the girl make. I'm sorry to say if the girl wants to keep the baby, the guy LL has to pay.

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