Sucks you got raped...dat child support, though!


#1

Seriously, shit is so fucked.

Cliffnotes: Some 20 year-old got knocked by a 14 year-old (stat. rape)…years later, the lil homey finds out he owes almost $20G’s in child support.

[details=Spoiler]Nick Olivas became a father at 14, a fact he wouldn’t learn for eight years.

While in high school, Olivas had sex with a 20-year-old woman. As he sees it now, she took advantage of a lonely kid going through a rough patch at home.

State law says a child younger than 15 cannot consent with an adult under any circumstance, making Olivas a rape victim. But Olivas didn’t press charges and says he didn’t realize at the time that it was even something to consider.

MONTINI: Statutory rape victim paying child support? Come on …

The two went their separate ways. Olivas graduated from high school, went to college and became a medical assistant.

Then two years ago, the state served him with papers demanding child support. That’s how he found out he had a then-6-year-old daughter.

“It was a shock,” he said. “I was living my life and enjoying being young. To find out you have a 6-year-old? It’s unexplainable. It freaked me out.”

He said he panicked, ignored the legal documents and never got the required paternity test. The state eventually tracked him down.

Olivas, a 24-year-old Phoenix resident, said he now owes about $15,000 in back child support and medical bills going back to the child’s birth, plus 10 percent interest. The state seized money from his bank account and is now garnisheeing his wages at $380 a month.

He has become one of the state’s 153,000 active child-support cases, according to the Arizona Department of Economic Security division of Child Support Services.

In May alone, payments were not made in 49 percent of those cases, according to the agency.

Olivas’ fear has turned to frustration.

He wants to be in his daughter’s life and is willing to pay child support going forward. But he doesn’t think it’s right for the state to charge him for fees incurred when he was still a child himself or for the years he didn’t know the girl existed.

“Anything I do as an adult, I should be responsible for,” he said. “But as a teenager? I don’t think so.”

Situations such as Olivas’ are rare, according to fathers-rights advocates. But cases in several states have garnered attention. And while there has been some public outcry over charging a crime victim with child support, the courts have consistently said states have every right to do so.

The most well-known case was of a Kansas boy who, at age 13, impregnated his 17-year-old baby-sitter. Under Kansas law, a child under the age of 15 is legally unable to consent to sex. The Kansas Supreme Court in 1993 ruled that he was liable for child support.

California issued a similar state court ruling a few years later in the case of a 15-year-old boy who had sex with a 34-year-old neighbor. In that case, the woman had been convicted of statutory rape.

In both cases, it was the state social-services agency that pursued the case after the mother sought public assistance.

“The Kansas court determined that the rape was irrelevant and that the child support was not owed to the rapist but rather to the child,” said Mel Feit, director of the New York-based advocacy group the National Center for Men.

In Arizona, the Department of Economic Security oversees child–support enforcement. Its written policy is not to exempt situations like Olivas’ from child-support responsibilities, unless the parent seeking child support has been found guilty of sexual assault with a minor or sexual assault.

“We don’t see those cases very often, and we’re really glad for that,” said attorney Janet Sell, chief counsel with the Attorney General’s Office’s Child and Family Protection Division.

But DES officials said the intent of the rule is to ensure that the child, who had no control over the situation, is cared for.

Feit said if the roles were reversed and the woman was the victim, the scenario would be unthinkable.

“The idea that a woman would have to send money to a man who raped her is absolutely off-the-charts ridiculous,” he said. “It wouldn’t be tolerated, and it shouldn’t be tolerated.”

Feit said the basic legal premise of a rape is that the victim can’t be held responsible. And with statutory rape, even if the victim participates, he or she can’t be held responsible.

“We’re not going to hold him responsible for the sex act, so to then turn around and say we’re going to hold him responsible for the child that resulted from that act is off-the-charts ridiculous,” he said. “It makes no sense.”

Arizona also has no exemption for children born to children, although the state cannot get a court order for child support against the non-custodial parent until that parent becomes an adult.

It also doesn’t matter to the state whether the non-custodial parent knows about the child or not. Child support is a separate legal issue from custody.

The state requires parents seeking public assistance under the state’s welfare programs to first pursue child support. The child-support payments then are used to help reimburse the state for assistance payments.

The state’s child-support caseload includes 122,230 cases as of the end of May in which the families are or were receiving cash assistance. From April 2013 through March 2014, the state recouped just over $14 million in previously dispersed cash assistance through child-support payments.

“They have to comply with us,” said Scott Lekan, DES child support operations administrator. “We’re trying to keep them off the cash assistance, and we’re trying to get back some of the cash assistance money. It benefits everybody at the end of the day.”

The state has more routes than the courts to acquire money from a parent. It can garnishee wages up to 50 percent of disposable income. It can take a tax refund. It can put a lien on a home or a vehicle. It can suspend driver’s licenses or revoke passports. And it can seize money out of bank accounts.

“Our biggest source of income is from income-withholding orders to employers,” Lekan said.

Under Arizona’s child-support formula, non-custodial parents may keep their first $903 to cover their own living expenses. A child-support payment amount is then set based on the remaining money.

Olivas is trying to fight some of the child-support costs, but says he can’t afford a lawyer

He also is trying to see his daughter.

“I lost my mom at a young age. I know what it’s like to only have one parent,” he said. “I can’t leave her out there. She deserves a dad.”[/details]


#2

Stay free, USA.


#3

Arizona…what are you doing? Christ.

Tho I live in AZ, thankfully I have no children, and I know for damn fucking sure I have no children, so no surprises coming for me either. I feel for the guy tho. Guy doesn’t even get to learn about the child in a decent way, just a letter in the mail saying he’s a father and 20k in the hole. That is not the way to learn you have a daughter.


#4

Welcome to being a man in the USA. You’re always a threat. Even when you’re the victim!

:tdown:


#5

That’s why people should learn more about “responsible sex”, not necessarily in school, but especially at home. And that goes for both of the parents in this case.

Of course the kid tought he was scoring big by having sex with a 20 years-old woman (I would tought the same at his age), but what’s the excuse for a 14 years-old boy not knowing about sex, pregnancy and STDs in 2004? C’mon

If the kid had sex with a girl of fourteen back then and she got pregnant, would you still feel pitty for him?


#6

If she carried to term and never told him about it then demanded money from him without even doing the decent thing of telling him herself he is a father but instead being a pussy ass bitch and leaving it to the state, then yes I would feel bad for him.

It’s not his fault she’s a fucking coward.


#7

is it okay if i say 'MUUUUUUUUUUUUUUUUUURICA

? :china:


#8

Yeah, absolutely no responsibility on the part of the adult to realize that it’s wrong to fuck a child. Shit, a 20 yr. old should better than to have unprotected sex as well.

Come on, son. This shit isn’t rocket science. You don’t fuck minors. Period. There’s no excuse for this shit. It’s fucking joke status now. People joke about being a pedo it’s such common knowledge. 20 yr. old should be in jail.

And no I wouldn’t have pity for him if he fucked a 14 yr. old and got pregnant. But why should I? Teenagers have kids all the fucking time. A 20 yr. old fucking a 14 yr. old should be in jail though. 1. because it’s ILLEGAL 2. because adults are capable of cohering children much easier than other children are, and 3 because if she were a male, she would be in prison with people on the outside hoping that she gets raped by her cellmate.

:tdown:


#9

This is actually parental alienation, and it is considered a form of abuse by many psychologists. Unfortunately it’s never brought into question in court, unless the allegation is being leveraged against the father.


#10

Of course it isn’t. Only men are fuck ups, don’tcha know?


#11

There is a time limit to prosecuting stat rapes in Arizona?


#12

If a 20 year old man raped a 14 year old girl the man should be able to sue the girl for child support and get full custody and stay out of jail.

Fair and balanced like Bill O’Reilly.


#13

I didn’t say it wasn’t rape or that what the woman did was legal back then. I understand there’s a law saying it isn’t, I might not agree with this law, but I sure know that you should obey it nevertheless.

I didn’t say it’s fair for her to claim child support or whatever

I’ve only said that the boy is not without guilt, because he wasn’t too young to didn’t know about sex and pregnancy. Just as he got a 20 years-old woman pregnant, he could’ve got a 13 or 14 years-old girl pregnant.

The woman should be blamed and punished for what she did to the boy in 2004, but also I blame the kid for being stupid and his parents for not teaching him about responsability and the consequences of having sex at that age, that’s all.

Most of us experimented with sex at his age (or even younger), but most of us weren’t stupid enough to ruin our lives like that. Even cavemen knew the consequences of having sex…

PS: I know it’s a fucked up situation in so many aspects, tough


#14

Man, you gringos surely have a lot of fucked up laws.


#15

Disgusting. I’m far past tired of seeing shit like this.


#16

The amount of feminist who will talk about this as a rape culture against men - 0

The amount of feminist who will talk about leaked photos of female celebrities being a violation on women’s bodies and rights - all of them


#17

That is pretty hot though.


#18

Stories like this depress me to the point of near-suicide.


#19

lololololol wow

the only way this could be more fucked up is if this had happened in california post “yes means yes” law


#20

On the plus side he only has to chum up 380 bucks a month, which will obviously be handled by his folks for not forcing the rape issue when he was a kid…