Wrongly Convicted Man Sued for Child Support

[NFS4]

Raleigh ? A man who was pardoned after spending 18 years behind bars for a rape he didn't commit has been sued for back child support.

Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a 12-year-old Goldsboro girl. The girl identified him as her attacker and hair found at the scene was similar to his. But DNA evidence found on a fragment of the girl's nightgown years after the trial proved Dail wasn't involved in the attack.

Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to receive $360,000 from the state ? $20,000 for each year he spent in prison.

Dail, who now lives in Florida, was served Tuesday with a lawsuit by Lorraine Michaels, the mother of his son, who is seeking back child support. The suit does not specify how much money she wants, as is normal in North Carolina, but asks a "reasonable sum for the care and maintenance of the minor child." Dail did not provide while he was in prison.

Dail said he was devastated by the suit. He said his son recently moved to Florida to live with him.

Michaels' attorney, Sarah Heekin, said she filed court papers last week.

Heekin is in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.

http://www.wral.com/news/local/story/1961294/

:|

 

[NatePo717]

I hope that gets thrown out.

 

[silverpig]

Wow. That's just... wow.

 

[IronWing]

It sucks for him but the mother may have a valid claim on some of the money. A better target for the suit would be the state but the state would likely claim sovereign immunity.

 

[imported_cambit69]

Greed is right; greed works. Greed clarifies, cuts through, and captures the essence of the evolutionary spirit

 

[FoBoT]

she just wants half his cash, what a ...
http://www.pics.bbzzdd.com/bet...dmonkey/superbitch.gif

 

[imported_LoKe]

The fuck?

And what the fuck again for only $20,000 per year in prison?

 

[NFS4]

According the TV report, the kid is getting ready to turn 18, so she rushed to get the suit in.

 

[JEDI]

Originally posted by: NFS4

Raleigh ? A man who was pardoned after spending 18 years behind bars for a rape he didn't commit has been sued for back child support.

Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a 12-year-old Goldsboro girl. The girl identified him as her attacker and hair found at the scene was similar to his. But DNA evidence found on a fragment of the girl's nightgown years after the trial proved Dail wasn't involved in the attack.

Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to receive $360,000 from the state ? $20,000 for each year he spent in prison.

Dail, who now lives in Florida, was served Tuesday with a lawsuit by Lorraine Michaels, the mother of his son, who is seeking back child support. The suit does not specify how much money she wants, as is normal in North Carolina, but asks a "reasonable sum for the care and maintenance of the minor child." Dail did not provide while he was in prison.

Dail said he was devastated by the suit. He said his son recently moved to Florida to live with him.

Michaels' attorney, Sarah Heekin, said she filed court papers last week.

Heekin is in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.

http://www.wral.com/news/local/story/1961294/

:|

well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

 

[Tiamat]

wow lame. First of all, only 20k$ per year? Thats less than minimum wage (especially if considering 20 years worth of interest)! And his son's mother is being a c*nt (pardon the usage of this word, but in my opinion, situations like these call for it).

 

[Fenixgoon]

Originally posted by: JEDI

Originally posted by: NFS4

Raleigh ? A man who was pardoned after spending 18 years behind bars for a rape he didn't commit has been sued for back child support.

Dwayne Allen Dail, 39, was cleared in August of the 1987 rape of a 12-year-old Goldsboro girl. The girl identified him as her attacker and hair found at the scene was similar to his. But DNA evidence found on a fragment of the girl's nightgown years after the trial proved Dail wasn't involved in the attack.

Gov. Mike Easley pardoned Dail two weeks ago, making him eligible to receive $360,000 from the state ? $20,000 for each year he spent in prison.

Dail, who now lives in Florida, was served Tuesday with a lawsuit by Lorraine Michaels, the mother of his son, who is seeking back child support. The suit does not specify how much money she wants, as is normal in North Carolina, but asks a "reasonable sum for the care and maintenance of the minor child." Dail did not provide while he was in prison.

Dail said he was devastated by the suit. He said his son recently moved to Florida to live with him.

Michaels' attorney, Sarah Heekin, said she filed court papers last week.

Heekin is in the same law office as Don Strickland, the former Wayne County assistant district attorney who prosecuted Dail for rape.

http://www.wral.com/news/local/story/1961294/

:|

well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

how exactly is he going to earn money in jail?

 

[Tylanner]

I dont care where the money comes from, wrongly imprisoned people deserve ALOT of money. More than this.

 

[SilentRunning]

Originally posted by: JEDI


well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

So if a mother stays home to raise the child while the husband is the bread winner she can be sued for child support at a later date?

 

[NFS4]

Originally posted by: SilentRunning

Originally posted by: JEDI


well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

So if a mother stays home to raise the child while the husband is the bread winner she can be sued for child support at a later date?

That doesn't make sense.

 

[halik]

20K a year for jail ? WTF That's not even poverty line salary...

 

[SilentRunning]

Originally posted by: NFS4

Originally posted by: SilentRunning

Originally posted by: JEDI


well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

So if a mother stays home to raise the child while the husband is the bread winner she can be sued for child support at a later date?

That doesn't make sense.

Well neither does a claim of back child support. He didn't exactly try to avoid paying child support by being wrongly convicted.

 

[jonmcc33]

Originally posted by: LoKe
The fuck?

And what the fuck again for only $20,000 per year in prison?

Yeah, it's his turn to sue the state for millions. You can't get 18 years back.

 

[jlee]

Originally posted by: Tiamat
wow lame. First of all, only 20k$ per year? Thats less than minimum wage (especially if considering 20 years worth of interest)! And his son's mother is being a c*nt (pardon the usage of this word, but in my opinion, situations like these call for it).

Minimum wage is $9.80/hr over there..?

Originally posted by: halik
20K a year for jail ? WTF That's not even poverty line salary...

To play devil's advocate, he wasn't spending any of it while in jail, and that's probably more than your average person would've saved in that timeframe.

Regardless, he should be getting a helluva lot more than that, and his ex should be suing the state, not him.

Edit: Doesn't mention if his ex was on any form of welfare since she couldn't rely on his salary for that period of time...would be interesting to find out..I imagine she got some money from the government at some point in time?

 

[waggy]

Originally posted by: SilentRunning

Originally posted by: NFS4

Originally posted by: SilentRunning

Originally posted by: JEDI


well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

So if a mother stays home to raise the child while the husband is the bread winner she can be sued for child support at a later date?

That doesn't make sense.

Well neither does a claim of back child support. He didn't exactly try to avoid paying child support by being wrongly convicted.

so what?

he didn't pay child support for those years. he should have. ok so he was in jail and got a hefty settlement from it. Part of that should go to the mother for support.

Though he should have got a lot more then $20k a year.

 

[halik]

Originally posted by: CadetLee

Originally posted by: Tiamat
wow lame. First of all, only 20k$ per year? Thats less than minimum wage (especially if considering 20 years worth of interest)! And his son's mother is being a c*nt (pardon the usage of this word, but in my opinion, situations like these call for it).

Minimum wage is $9.80/hr over there..?

Originally posted by: halik
20K a year for jail ? WTF That's not even poverty line salary...

To play devil's advocate, he wasn't spending any of it while in jail, and that's probably more than your average person would've saved in that timeframe.

Regardless, he should be getting a helluva lot more than that, and his ex should be suing the state, not him.

Edit: Doesn't mention if his ex was on any form of welfare since she couldn't rely on his salary for that period of time...would be interesting to find out..I imagine she got some money from the government at some point in time?

Well you can make the argument for salary lost over the years, however he should be compensated for being jail in error for 2 decades.

 

[jagec]

Originally posted by: waggy
so what?

he didn't pay child support for those years. he should have. ok so he was in jail and got a hefty settlement from it. Part of that should go to the mother for support.

Though he should have got a lot more then $20k a year.

$20k a year is a "hefty" settlement?

How exactly would paying the mother NOW, when the child is 18, be considered "child support"?

 

[waggy]

Originally posted by: jagec

Originally posted by: waggy
so what?

he didn't pay child support for those years. he should have. ok so he was in jail and got a hefty settlement from it. Part of that should go to the mother for support.

Though he should have got a lot more then $20k a year.

$20k a year is a "hefty" settlement?

How exactly would paying the mother NOW, when the child is 18, be considered "child support"?

he is late for the last 18 years.


while i do think child support laws are out of whack and this guy deserves a few milliion. it does not dissolve his responsibilities.

he owes her a lot of money.

does it suck? sure in the hell does. but he still owes her the money.



figure $400x216 =$86k in late child support.

wich he should have paid. yeah i know he was in jail wrongly. BUT he did recieve payment for it.

 

[SilentRunning]

Originally posted by: waggy

Originally posted by: SilentRunning

Originally posted by: NFS4

Originally posted by: SilentRunning

Originally posted by: JEDI


well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

So if a mother stays home to raise the child while the husband is the bread winner she can be sued for child support at a later date?

That doesn't make sense.

Well neither does a claim of back child support. He didn't exactly try to avoid paying child support by being wrongly convicted.

so what?

he didn't pay child support for those years. he should have. ok so he was in jail and got a hefty settlement from it. Part of that should go to the mother for support.

Though he should have got a lot more then $20k a year.

She should get a percentage of the income he was earning during the period (whatever meager prison wages he may have earned.) It was just like a single income family when he was in jail. She knew where he was during the time he was imprisoned. It wasn't like he was hiding from her. All she had to do was go to a courthouse and file for child support and the prison would have garnished whatever portion of his prison wages a judge deemed appropriate.

 

[waggy]

Originally posted by: SilentRunning

Originally posted by: waggy

Originally posted by: SilentRunning

Originally posted by: NFS4

Originally posted by: SilentRunning

Originally posted by: JEDI


well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

So if a mother stays home to raise the child while the husband is the bread winner she can be sued for child support at a later date?

That doesn't make sense.

Well neither does a claim of back child support. He didn't exactly try to avoid paying child support by being wrongly convicted.

so what?

he didn't pay child support for those years. he should have. ok so he was in jail and got a hefty settlement from it. Part of that should go to the mother for support.

Though he should have got a lot more then $20k a year.

She should get a percentage of the income he was earning during the period (whatever meager prison wages he may have earned.) It was just like a single income family when he was in jail. She knew where he was during the time he was imprisoned. It wasn't like he was hiding from her. All she had to do was go to a courthouse and file for child support and the prison would have garnished whatever portion of his prison wages a judge deemed appropriate.

he earned $20k a year for that time. The child had to suffer because his father was away.

she deserves part of it for providing EVERYTHING for the child while he was gone.

Not only was the father punished but so was the son and wife.

 

[SilentRunning]

Originally posted by: waggy

Originally posted by: SilentRunning

Originally posted by: waggy

Originally posted by: SilentRunning

Originally posted by: NFS4

Originally posted by: SilentRunning

Originally posted by: JEDI


well, if it's his kid, then he has to pay.

going to jail doesnt get you out of child support.

what's the problem?

So if a mother stays home to raise the child while the husband is the bread winner she can be sued for child support at a later date?

That doesn't make sense.

Well neither does a claim of back child support. He didn't exactly try to avoid paying child support by being wrongly convicted.

so what?

he didn't pay child support for those years. he should have. ok so he was in jail and got a hefty settlement from it. Part of that should go to the mother for support.

Though he should have got a lot more then $20k a year.

She should get a percentage of the income he was earning during the period (whatever meager prison wages he may have earned.) It was just like a single income family when he was in jail. She knew where he was during the time he was imprisoned. It wasn't like he was hiding from her. All she had to do was go to a courthouse and file for child support and the prison would have garnished whatever portion of his prison wages a judge deemed appropriate.

he earned $20k a year for that time. The child had to suffer because his father was away.

she deserves part of it for providing EVERYTHING for the child while he was gone.

Not only was the father punished but so was the son and wife.

He did not earn $20k a year, that is for the damages he suffered by being imprisoned.