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Judi Lynn

(164,164 posts)
Sat Dec 5, 2015, 08:40 PM Dec 2015

Kansas sperm donor fights back after state forces him to pay child support

Source: WTHI TV10

Kansas sperm donor fights back after state forces him to pay child support
Brooke Lennington
Published: September 5, 2015, 12:00 pm | Updated: September 5, 2015, 12:00 pm

TOPEKA (KSNT) – It’s probably one of the most bizarre Craigslist transaction, involving a lesbian couple desperate for a sperm donor, and a Topeka man willing to help.

Little did he know that act of kindness would lead to a lengthy child support battle that continues to this day. Recently this controversial case led to a court ordered DNA test that revealed he is a father, “I’m the sperm donor, I’m not the father,” William Marotta said.

If Marotta had a nickel for every time he’s said that in the past three years, he’d have enough money to pay off the amount the state of Kansas wants in back child support, “Cause it would be really easy for me to just pay off the money and be done,” Marotta said. “But that’s not the point, shouldn’t have been done in the first place, it’s wrong.”

The person he believes is responsible for the wrongdoing, Governor Sam Brownback, “I believe he’s sat down with a group of his people and said ‘okay,this is what I want to do, how do we accomplish that.’”


Read more: http://wthitv.com/2015/09/05/kansas-sperm-donor-fights-back-after-state-forces-him-to-pay-child-support/

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Kansas sperm donor fights back after state forces him to pay child support (Original Post) Judi Lynn Dec 2015 OP
Anything Brownback can do to make life unbearable for LGBT and 'enablers' is his meat & potatoes. nt Bernardo de La Paz Dec 2015 #1
Either way Yupster Dec 2015 #2
He probably wishes he could go back in time christx30 Dec 2015 #3
He needed to talk to a lawyer and get it all in writing before doing anything Proserpina Dec 2015 #4
What kind of jerks sue the person that helped them have a baby? cui bono Dec 2015 #5
The "jerks" are the state of Kansas Gormy Cuss Dec 2015 #6
And how did the state find out? cui bono Dec 2015 #8
If he does end up paying them LiberalElite Dec 2015 #12
Usually the debtor pays the christx30 Dec 2015 #14
Ah. Thanks for explaining nt LiberalElite Dec 2015 #15
Sure thing. christx30 Dec 2015 #16
It protects both sides TexasBushwhacker Dec 2015 #24
I was thinking the same thing, but that only keeps this terrible policy in place. cui bono Dec 2015 #23
Bingo! nt valerief Dec 2015 #26
They should make it illegal to do this yeoman6987 Dec 2015 #7
???? Bernin Dec 2015 #18
Well sorta but this is crap and happens more then this one story. yeoman6987 Dec 2015 #20
A ridiculous case. blackspade Dec 2015 #9
When the child gets older he or she will likely want to know their father. StevieM Dec 2015 #10
This is why we really don't want to kill all the lawyers Boomer Dec 2015 #11
A lot of states honor "in home insemination." joshcryer Dec 2015 #22
More power tp him, AnotherDreamWeaver Dec 2015 #13
"Craigslist transaction". Sunlei Dec 2015 #17
Maybe they can make an arragement to have the child put up for adoption, with a clause that custody still_one Dec 2015 #19
They broke up. joshcryer Dec 2015 #21
Every state has laws on how to officially donate sperm. ManiacJoe Dec 2015 #25
What about anonymous sperm donors, where only the clinic knows the identity of the male provider? YOHABLO Dec 2015 #27

Bernardo de La Paz

(60,320 posts)
1. Anything Brownback can do to make life unbearable for LGBT and 'enablers' is his meat & potatoes. nt
Sat Dec 5, 2015, 08:43 PM
Dec 2015

Yupster

(14,308 posts)
2. Either way
Sat Dec 5, 2015, 08:43 PM
Dec 2015

If a man is father to a kid and then later finds out he wasn't the biological father because his wife cheated on him, he still has to pay child support, because he acted as he was the father.

If a man never acted as a father but had a one night stand, he is ordered to pay child support because he is biologically the father.

Sometimes the law is an ass as they say.

christx30

(6,241 posts)
3. He probably wishes he could go back in time
Sat Dec 5, 2015, 08:47 PM
Dec 2015

and refuse to help them. I know I would.

I had a lesbian couple (one of them a friend from high school) ask for my help having a child together. It meant a lot to my friend. I declined, fearing this very situation.

 

Proserpina

(2,352 posts)
4. He needed to talk to a lawyer and get it all in writing before doing anything
Sat Dec 5, 2015, 08:51 PM
Dec 2015

and Kansas is a hellhole. If we can send Dorothy to Oz, how about the rest of the state?

cui bono

(19,926 posts)
5. What kind of jerks sue the person that helped them have a baby?
Sat Dec 5, 2015, 08:52 PM
Dec 2015

How about a little gratitude?

.

cui bono

(19,926 posts)
8. And how did the state find out?
Sat Dec 5, 2015, 08:56 PM
Dec 2015

Okay, I went to the link... I see the couple doesn't want him to have to pay.

That's just stupid. Is Brownback just made that lesbians have a child?

.

LiberalElite

(14,691 posts)
12. If he does end up paying them
Sat Dec 5, 2015, 09:54 PM
Dec 2015

they could return the money to him, no? He sends them checks and they don't cash them or something?

christx30

(6,241 posts)
14. Usually the debtor pays the
Sat Dec 5, 2015, 10:06 PM
Dec 2015

state, and the state disperses the money to the claimant. So I would send the money to the State of Texas, and the state would put the cash onto a debit card that my ex wife has.
Now, if the women wanted to, they could just give him the card, or send him the money if it's given to him another way. But that's up to them.

christx30

(6,241 posts)
16. Sure thing.
Sat Dec 5, 2015, 10:16 PM
Dec 2015

And it's done that way, so the state can monitor it. They'll send past due notices, just like any other bill. But instead of having your cable cut off, you go to jail.

TexasBushwhacker

(21,288 posts)
24. It protects both sides
Sun Dec 6, 2015, 12:13 AM
Dec 2015

The noncustodial parent has a record with the state that they have paid. When exes decide to just pay and accept child support directly, everything is fine as long as they are amicable. But if the custodial parent reports the one who is paying the child support and says they haven't paid, the payor doesn't have a legal leg to stand on. The state says that all voluntary payments are "gifts".

cui bono

(19,926 posts)
23. I was thinking the same thing, but that only keeps this terrible policy in place.
Sun Dec 6, 2015, 12:02 AM
Dec 2015

It needs to be shut down.

.

 

yeoman6987

(14,449 posts)
7. They should make it illegal to do this
Sat Dec 5, 2015, 08:55 PM
Dec 2015

Too many negatives involved in this process. Completely make it a crime to even advertise this kind of thing.

StevieM

(10,583 posts)
10. When the child gets older he or she will likely want to know their father.
Sat Dec 5, 2015, 09:40 PM
Dec 2015

I doubt that they will be impressed by the sperm donor argument.

I hope that the mothers will support those efforts and validate those feelings, rather than dismiss the child's sentiments as illegitimate.

Boomer

(4,417 posts)
11. This is why we really don't want to kill all the lawyers
Sat Dec 5, 2015, 09:49 PM
Dec 2015

Consulting a good lawyer about this proposed arrangement would really have helped prevent this situation.

I can applaud this man's generous impulse, but I really have to shake my head at his reckless disregard of the law. Fathering a baby is not like buying someone a toaster. It's not a gift you can toss at the mother and then just walk away. And the lesbian couple were incredibly irresponsible as well (I say that as a lesbian) to take such an informal approach to such an important decision. They should never have talked him into this situation.

There are reasons we have laws around parenting; their purpose is to take care of the child, the most vulnerable party and one who did not have the option to make decisions about this arrangement.

If this man wanted to be a sperm donor and not the child's parent, he should have worked through a sperm bank to get that protection.

joshcryer

(62,536 posts)
22. A lot of states honor "in home insemination."
Sat Dec 5, 2015, 11:34 PM
Dec 2015

It's fascinating that if a doctor did it he would've been in the clear.

A lawyer would have told him as much in this case though.

Really though? His real screw up was not being anonymous. If he remained anonymous, insisted on it, he'd be in the clear, but I suspect he wanted the novelty of having a kid without the responsibility. Maybe be able to show up as the long lost uncle every now and again.

 

still_one

(98,883 posts)
19. Maybe they can make an arragement to have the child put up for adoption, with a clause that custody
Sat Dec 5, 2015, 11:02 PM
Dec 2015

goes to the same sex couple

The state really should be sued. You would think the ACLU would get involved in something like this


joshcryer

(62,536 posts)
21. They broke up.
Sat Dec 5, 2015, 11:25 PM
Dec 2015

As far as the state is concerned he's the biological father. It's a shitty situation that will probably screw that guy for a couple of decades.

His only grace would be for the woman to reimburse forced payments in protest, but given that she is remaining anonymous, that is unlikely to be the case. If she got married and the other partner went for adoption rights that could be another solution.

ManiacJoe

(10,138 posts)
25. Every state has laws on how to officially donate sperm.
Sun Dec 6, 2015, 12:20 AM
Dec 2015

These laws are specifically designed to prevent such a problem.
If you don't follow the laws, the law cannot protect you.

 

YOHABLO

(7,358 posts)
27. What about anonymous sperm donors, where only the clinic knows the identity of the male provider?
Sun Dec 6, 2015, 06:35 PM
Dec 2015

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