Wrongly Convicted Man Sued for Child Support

[jagec]

Originally posted by: waggy
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.

OK, so take the case of someone who is homeless and broke.

He has a kid. The mother never bothers to try to get child support, because she knows he's broke.

The kid turns 18, and he wins the lottery. Is he, therefore, liable for back child support at the ($winnings/18) salary level? That could get very expensive indeed if he wins big!

Or another case, where someone is making minimum wage until the child turns 18, then gets a huge promotion, raise, and bonus. Does that new wage extend retroactively over the past 18 years? Of course not.

Originally posted by: waggy
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.

So the obvious solution is to punish the father more.:roll:

You don't understand the point of child support. The father not being there to support the child was NO fault of his own. This is EXACTLY what welfare is for.

 

[imported_Baloo]

fat chance. The kids gotta be over 18 now, no longer eligible for child support

 

[Bateluer]

She just wants money, nothing more. Common, petty gold digger.

Be very careful who you choose to have children with, it can definitely bite you in the bum.

 

[Tiamat]

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..?

Yeah, I mistyped. I meant minimum cost of living, or poverty line, not minimum wage. In any case, I still feel that 18 years of wrongful imprisonment should yield more compensation. 18 years of perhaps what would have been his most useful years in terms of career building were lost, he will most likely have to go back to school in order to get back into gear, there is no way he will be able to build a good retirement fund, plenty of other problems cause by this severe inconvenience.

 

[NFS4]

Originally posted by: Baloo
fat chance. The kids gotta be over 18 now, no longer eligible for child support

The kid is not 18 yet, he was born after his father went to jail.

 

[BrunoPuntzJones]

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.

Negatory. The $20k was restitution. I don't know what the laws are where he is, but most inmates get a salary (from work at the prison) which they use to buy crap at the prison. Those are the wages he should have paid child support on, and the state can withhold for child support on those wages.

 

[WingZero94]

20k????? WTF?????? more like 20 MILLION per year - plus send the fool(s) who put him in jail to a Siberian prison.

 

[montanafan]

What's with the people on here saying that the mother is just a gold digger or that she shouldn't be reimbursed for his half of the child support for the last 18 years? If she worked and paid 100% of the costs of raising the child for the last 18 years, then she has a valid claim. Was it his fault that he wasn't supporting the cost of raising his child, no, he did nothing wrong and the ability to support his child was taken away by the state when they wrongly imprisoned him, but that doesn't change the fact that he's the father of the child and the mother shouldn't have had to pay 100% of the cost of raising it. I think she should sue the state because they're the ones who took away his ability to pay, but they'll probably say they reimbursed him for lost wages so now he should pay it out of that. Hell, they should both sue the state for the pain and suffering of taking away his chance to take part in the raising of his child from a non-financial standpoint as well.

Bottom line though is that it costs a lot of money to raise a child, and unless she got public assistance during that time, she had to pay for his half of the financial responsibility of raising that child as well and she's due some reimbursement from him or the state. That's hardly being a gold digger.

 

[JEDIYoda]

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.

Some pople trying to sound intelliegent....
I have never known Silentrunning to make sense!!

 

[Lithium381]

He owes her money....that's the simple part. The fact that he only got $20k a year for the state, not counting inflation etc is the part that is ridiculous, that is what needs to be settled here.

 

[SilentRunning]

Originally posted by: JEDIYoda

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.

Some pople trying to sound intelliegent....
I have never known Silentrunning to make sense!!

Wowzers

EDIT Just amazing that so many people think that child support is a 50/50 kind of thing.

 

[Jodell88]

Damn GOLD DIGGERS!!!!!! :thumbsdown: :frown: :|

 

[waggy]

Originally posted by: Lithium381
He owes her money....that's the simple part. The fact that he only got $20k a year for the state, not counting inflation etc is the part that is ridiculous, that is what needs to be settled here.

I agree.

20K a year is fucking rediculus. he should have got $100k a year.


there was a case like a year ago where a guy was in jail something like 20 years and only got like $20k total. the state puts a cap on how much a person can get.

the guy lost most of his life. he lost the childhood of his children. he deserves much more then 20k a year.

 

[pontifex]

Originally posted by: 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?

not onyl that, he was WRONGLY ACCUSED! He went to prison for soemthign he never did!

 

[Deeko]

The woman is probably entitled to some money. However, she should be suing the STATE that WRONGLY IMPRISONED him for that money, not him. He was just punished for 18 years for a crime he didn't commit, and he at least received some restitution for that - and she's trying to take it from him? And some of you don't see a problem with that?

 

[NFS4]

Dwayne Dail expects a $360,000 apology from the state for the 18 years he spent in prison for another man's crime. Collector No. 1: the mother of his son.

Lori Michaels, Dail's former girlfriend, sued Tuesday, asking for 18 years of child support for their son, Chris, born after a Wayne County jury sent him to prison for raping a 12-year-old girl he'd never seen.

"I got robbed of my son's whole life, and it's like, now it's my fault?" Dail said from Florida. He moved to Fort Myers after a judge freed him in August when DNA evidence pointed to another man. State law allows him to collect $20,000 for every year he spent in prison.

Chris Michaels headed to Florida to live with his father this month. They celebrated Chris' 18th birthday Saturday with a trip to the beach.

The teen fell silent Tuesday when the postman handed Dail the lawsuit, which was filed in Wayne County District Court. Dail said he tried to shield Chris and slipped into a private room to vent.

Michaels and her attorney could not be reached Tuesday night.

The lawsuit brings back several players who had a part in Dail's trip to prison.

Lori Michaels' attorney, Sarah Heekin, is a law partner with Donald Strickland, the prosecutor who argued that Dail had raped the girl. Dail's attorney? Shelby Benton, his defense attorney in 1989.

http://www.newsobserver.com/news/story/747401.html

Dwayne Dail, freed recently after serving 18 years in prison for another man's crime, is being sued by his ex-girlfriend for 18 years worth of child support.

Lori Michaels, Dail's ex-girlfriend, filed the lawsuit Tuesday, seeking support due her for their son. Chris Michaels was born a few months after a Wayne County jury sent his father to prison on a charge of raping a 12-year-old girl he'd never seen.

On Tuesday, Dail was incredulous.

"I got robbed of my son's whole life, and ... now, it's my fault?" said Dail, who was freed in August when DNA evidence pointed to another man.

Earlier this month, Gov. Mike Easley pardoned Dail, which makes him eligible for state compensation for his time in prison -- $20,000 per year for a total of $360,000.

Lori Michaels and her attorney could not be reached Tuesday night.

The lawsuit brings back a number of players who had a part in Dail's trip to prison.

Lori Michaels' lawyer, Sarah Heekin, is law partners with Donald Strickland, the prosecutor who argued to a jury that Dail raped the girl.

Dail's attorney? Shelby Benton: Dail's defense attorney in 1989.

http://www.charlotte.com/local/story/331489.html

 

[waggy]

Originally posted by: Deeko
The woman is probably entitled to some money. However, she should be suing the STATE that WRONGLY IMPRISONED him for that money, not him. He was just punished for 18 years for a crime he didn't commit, and he at least received some restitution for that - and she's trying to take it from him? And some of you don't see a problem with that?

she would lose. the state has no obligation to pay for raising of her child. t he father does.

hell odds are the state already paid for welfare/food-stamps/housing etc.

while he was unjustly imprisoned it does not forgive his responsibilities to the child.


And no i see no problem with him paying what is owed.

 

[Aharami]

wow. what a selfish bitch. the man lost 18 yrs of his life that he can never get back and all the bitch can think of is herself? Sadly, courts will side with her, as they always do

 

[mugs]

Originally posted by: SilentRunning

Originally posted by: JEDIYoda

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.

Some pople trying to sound intelliegent....
I have never known Silentrunning to make sense!!

Wowzers

EDIT Just amazing that so many people think that child support is a 50/50 kind of thing.

If the husband got custody of the kid (highly unlikely), he probably could sue her for child support. And she'd get alimony.

 

[oddyager]

I can't see any real reason why the wife would sue other than greed. The father is doing all he can by letting his son move in with him so they can catch up for those 18 years he wasn't there. I'm more than certain he's not going to hide that money from him and all indications really he's going to do what he can to make them both happy. Isn't that enough? I guess not to the wife as she wants a piece of that pie, too.

 

[Deeko]

Originally posted by: waggy

Originally posted by: Deeko
The woman is probably entitled to some money. However, she should be suing the STATE that WRONGLY IMPRISONED him for that money, not him. He was just punished for 18 years for a crime he didn't commit, and he at least received some restitution for that - and she's trying to take it from him? And some of you don't see a problem with that?

she would lose. the state has no obligation to pay for raising of her child. t he father does.

hell odds are the state already paid for welfare/food-stamps/housing etc.

while he was unjustly imprisoned it does not forgive his responsibilities to the child.


And no i see no problem with him paying what is owed.

You're right. She should win child support from him, based on his prison wages. Not based on his restitution. There is no way in hell she deserves a penny of that money.

 

[needalife]

wow.. imagine being put away for 18yrs for not even doing anything... fuk that sux...

 

[BrunoPuntzJones]

Originally posted by: waggy

Originally posted by: Deeko
The woman is probably entitled to some money. However, she should be suing the STATE that WRONGLY IMPRISONED him for that money, not him. He was just punished for 18 years for a crime he didn't commit, and he at least received some restitution for that - and she's trying to take it from him? And some of you don't see a problem with that?

she would lose. the state has no obligation to pay for raising of her child. t he father does.

hell odds are the state already paid for welfare/food-stamps/housing etc.

while he was unjustly imprisoned it does not forgive his responsibilities to the child.


And no i see no problem with him paying what is owed.

Ok. Average wages are say $20 a month for a prisoner. x12 x18 is $4,320. Being generous, she's entitled to half. $2,160.

 

[waggy]

Originally posted by: BrunoPuntzJones

Originally posted by: waggy

Originally posted by: Deeko
The woman is probably entitled to some money. However, she should be suing the STATE that WRONGLY IMPRISONED him for that money, not him. He was just punished for 18 years for a crime he didn't commit, and he at least received some restitution for that - and she's trying to take it from him? And some of you don't see a problem with that?

she would lose. the state has no obligation to pay for raising of her child. t he father does.

hell odds are the state already paid for welfare/food-stamps/housing etc.

while he was unjustly imprisoned it does not forgive his responsibilities to the child.


And no i see no problem with him paying what is owed.

Ok. Average wages are say $20 a month for a prisoner. x12 x18 is $4,320. Being generous, she's entitled to half. $2,160.

nope he got $20k a year.


THERE is no reason for this guy not to pay what is due.

she is due something like %50k for past payment. though whatever she gets the goverment should get back what it paid her for welfare,food stamps etc.

 

[mugs]

Originally posted by: BrunoPuntzJones

Originally posted by: waggy

Originally posted by: Deeko
The woman is probably entitled to some money. However, she should be suing the STATE that WRONGLY IMPRISONED him for that money, not him. He was just punished for 18 years for a crime he didn't commit, and he at least received some restitution for that - and she's trying to take it from him? And some of you don't see a problem with that?

she would lose. the state has no obligation to pay for raising of her child. t he father does.

hell odds are the state already paid for welfare/food-stamps/housing etc.

while he was unjustly imprisoned it does not forgive his responsibilities to the child.


And no i see no problem with him paying what is owed.

Ok. Average wages are say $20 a month for a prisoner. x12 x18 is $4,320. Being generous, she's entitled to half. $2,160.

Your obligation to support your child does not end because you don't make a lot of money. I don't see how the source of the money matters; he needs to pay to support his kid.

On the other hand, $360,000 for 18 years in prison is really bad compensation, and I really feel bad for the guy.