Bizarre Child Support Battle In Brooklyn

Radar · 07-29-2005, 01:23 AM

http://abclocal.go.com/wabc/news/pri...ldsupport.html

Bizarre Child Support Battle In Brooklyn

By Eyewitness News' Michelle Charlesworth

(New York -WABC, July 25, 2005) — A child support battle that involves a hospital and a $9 million - it may sound like a soap opera plot but this real life drama is playing out in Brooklyn. The bizarre battle involves a fertility clinic at NYU.

Eyewitness News reporter Michelle Charlesworth is live on Manhattan's east side with the story.

This is a question for men tonight: what happens to sperm in a bank when you stop paying to keep it frozen? Can your estranged wife pick up the freezing bills and use your sperm, then come after you for child support payments? That is at the center of this lawsuit against a sperm bank a wife and a notary public.

This couple is currently getting divorced but before the relationship hit the rocks they were trying to have kids. According to court documents, Mr. Deon Francois' sperm was frozen at NYU. Then the break up happened - about two-and-a-half years ago. Mrs. Francois continued to pay $500 a year to keep the sperm frozen and underwent in vitro.

Mr. Francois says he didn't know about any of this, in fact, he didn't know that she was still trying to get pregnant. He thought that if nobody was paying to freeze the sperm, it would be thrown away and it was a non-issue.

John James, Deon Francois' Attorney: "He did not want a child at that time and he did not give any kind of written or oral consent for NYU to use the sperm, in fact didn't pay storage fees. He moved out, he forgot about the whole plan of having children with Chaamel."

But Mrs. Francois attorney says not only did her husband know, he was cashing thousands in refunds from the couple's insurance company - reimbursement for fertility bills that she had already paid.

Steven Gildin, Chaamel Francois' Attorney: "What do you do in a situation when a man relies on a woman who says 'I'm on birth control' but she's lying. Or what if the birth control just fails? Does that father then have the right to walk away from his financial responsibilies? It's the same thing."

Now the embryo is an 8-month old baby boy and a judge says Mr. Francois owes $150 a week in child support. What about a legal release to use the frozen sperm? She says he signed one, he says it's a fake.

What about a notary? She says it's notarized, he says it's a fake, and his attorney says his client has run out of money.

John James, Deon Francois' Attorney: "He wants to focus now on concluding the divorce matter and focusing on the case against NYU the notary and his wife. Well he needs to be compensated and he has to pay child support and it's going to cost maybe several million to raise a child in the 21st century."

No comment from NYU tonight and Mrs. Chaamel Francois is pregnant again and her attorney says he will go after Mr. Francois for child support because she became pregnant while they were married and that is what the law supports.

Pie · 07-29-2005, 07:52 AM

Here's the scariest part:

Quote:

"It's going to cost maybe several million to raise a child in the 21st century."

Trilby · 07-29-2005, 08:28 AM

Don't play fast and loose with your sperm. It'll come back to bite you.

plthijinx · 07-29-2005, 09:11 AM

sounds like she knows my ex-wife.

breakingnews · 07-29-2005, 09:27 AM

A very bizarre case indeed, but as usual, the facts don't all match up. Hearsay, fake documents - typical of these domestic disputes.

Still, I don't think it should be his responsibility. I *highly* doubt he signed anything authorizing the use of his sperm (unless it was part of the initial freezing agreement).

Scary to think that she actually won. Sperm banks should require both man/woman to be present and give consent at time of IVF, or somehow release one of the parties from this kind of obligation in the event that one wants to go ahead and the other does not.

He should also have ordered the sperm bank to throw out his tadpoles (unless he has no more).

Elspode · 07-29-2005, 02:44 PM

The case should hinge on whether or not the couple had a relationship at the time of conception, not emission.

Radar · 07-29-2005, 03:14 PM

From what I've heard about the case, the man and woman were married and tried to have a kid. His contract with the sperm center specifically said if he didn't pay, they'd destroy his sample. He and his wife divorced, and she kept sending in payments for 8 months after the divorce. She then forged a document with his signature, and stole a notary's seal to stamp it. Then she committed fraud and got the sperm center to knock her up. Then after she got pregnant, she sued for child support. She committed 3 crimes, (forgery, theft, and fraud) and she's rewarded by getting child support.

The lawyers used the same old line of "It's not the child's fault if the mother committed fraud...theft...forgery...etc. so why should the child suffer?" But the truth is it's not the father's fault either. It's only the mother's fault and she should bear 100% of the responsibility. Not only should she not get child support, the child should be taken away from her and she should go to prison. Then the fertility center should pay for the child to be raised by her father (if he chooses) or someone else.

zippyt · 07-29-2005, 11:44 PM

dad should sue the fretility center for useing his DNA with out his concent , THEY should pay for the child support

xoxoxoBruce · 07-30-2005, 10:14 PM

Oh goodness...if he doesn't pay he'll be a DEADBEAT DAD and be hounded to his grave...then burn in hell.

07-29-2005, 01:23 AM	#1
Radar Constitutional Scholar Join Date: Dec 2002 Location: Ocala, FL Posts: 4,006	Bizarre Child Support Battle In Brooklyn http://abclocal.go.com/wabc/news/pri...ldsupport.html Bizarre Child Support Battle In Brooklyn By Eyewitness News' Michelle Charlesworth (New York -WABC, July 25, 2005) — A child support battle that involves a hospital and a $9 million - it may sound like a soap opera plot but this real life drama is playing out in Brooklyn. The bizarre battle involves a fertility clinic at NYU. Eyewitness News reporter Michelle Charlesworth is live on Manhattan's east side with the story. This is a question for men tonight: what happens to sperm in a bank when you stop paying to keep it frozen? Can your estranged wife pick up the freezing bills and use your sperm, then come after you for child support payments? That is at the center of this lawsuit against a sperm bank a wife and a notary public. This couple is currently getting divorced but before the relationship hit the rocks they were trying to have kids. According to court documents, Mr. Deon Francois' sperm was frozen at NYU. Then the break up happened - about two-and-a-half years ago. Mrs. Francois continued to pay $500 a year to keep the sperm frozen and underwent in vitro. Mr. Francois says he didn't know about any of this, in fact, he didn't know that she was still trying to get pregnant. He thought that if nobody was paying to freeze the sperm, it would be thrown away and it was a non-issue. John James, Deon Francois' Attorney: "He did not want a child at that time and he did not give any kind of written or oral consent for NYU to use the sperm, in fact didn't pay storage fees. He moved out, he forgot about the whole plan of having children with Chaamel." But Mrs. Francois attorney says not only did her husband know, he was cashing thousands in refunds from the couple's insurance company - reimbursement for fertility bills that she had already paid. Steven Gildin, Chaamel Francois' Attorney: "What do you do in a situation when a man relies on a woman who says 'I'm on birth control' but she's lying. Or what if the birth control just fails? Does that father then have the right to walk away from his financial responsibilies? It's the same thing." Now the embryo is an 8-month old baby boy and a judge says Mr. Francois owes $150 a week in child support. What about a legal release to use the frozen sperm? She says he signed one, he says it's a fake. What about a notary? She says it's notarized, he says it's a fake, and his attorney says his client has run out of money. John James, Deon Francois' Attorney: "He wants to focus now on concluding the divorce matter and focusing on the case against NYU the notary and his wife. Well he needs to be compensated and he has to pay child support and it's going to cost maybe several million to raise a child in the 21st century." No comment from NYU tonight and Mrs. Chaamel Francois is pregnant again and her attorney says he will go after Mr. Francois for child support because she became pregnant while they were married and that is what the law supports. __________________ "I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin

07-29-2005, 08:28 AM	#3
Trilby Slattern of the Swail Join Date: Jul 2004 Posts: 15,654	Don't play fast and loose with your sperm. It'll come back to bite you. __________________ In Barrie's play and novel, the roles of fairies are brief: they are allies to the Lost Boys, the source of fairy dust and ...They are portrayed as dangerous, whimsical and extremely clever but quite hedonistic. "Shall I give you a kiss?" Peter asked and, jerking an acorn button off his coat, solemnly presented it to her. —James Barrie Wimminfolk they be tricksy. - ZenGum

07-29-2005, 09:11 AM	#4
plthijinx Master Dwellar Join Date: Aug 2003 Posts: 4,197	sounds like she knows my ex-wife. __________________ For your dreams to come true, you must first have a dream.

07-29-2005, 09:27 AM	#5
breakingnews Q_Q Join Date: Oct 2003 Location: somewhere in between Posts: 995	A very bizarre case indeed, but as usual, the facts don't all match up. Hearsay, fake documents - typical of these domestic disputes. Still, I don't think it should be his responsibility. I highly doubt he signed anything authorizing the use of his sperm (unless it was part of the initial freezing agreement). Scary to think that she actually won. Sperm banks should require both man/woman to be present and give consent at time of IVF, or somehow release one of the parties from this kind of obligation in the event that one wants to go ahead and the other does not. He should also have ordered the sperm bank to throw out his tadpoles (unless he has no more). __________________ Gone crazy, be back never.

07-29-2005, 02:44 PM	#6
Elspode When Do I Get Virtual Unreality? Join Date: Dec 2002 Location: Raytown, Missouri Posts: 12,719	The case should hinge on whether or not the couple had a relationship at the time of conception, not emission. __________________ "To those of you who are wearing ties, I think my dad would appreciate it if you took them off." - Robert Moog

07-29-2005, 03:14 PM	#7
Radar Constitutional Scholar Join Date: Dec 2002 Location: Ocala, FL Posts: 4,006	From what I've heard about the case, the man and woman were married and tried to have a kid. His contract with the sperm center specifically said if he didn't pay, they'd destroy his sample. He and his wife divorced, and she kept sending in payments for 8 months after the divorce. She then forged a document with his signature, and stole a notary's seal to stamp it. Then she committed fraud and got the sperm center to knock her up. Then after she got pregnant, she sued for child support. She committed 3 crimes, (forgery, theft, and fraud) and she's rewarded by getting child support. The lawyers used the same old line of "It's not the child's fault if the mother committed fraud...theft...forgery...etc. so why should the child suffer?" But the truth is it's not the father's fault either. It's only the mother's fault and she should bear 100% of the responsibility. Not only should she not get child support, the child should be taken away from her and she should go to prison. Then the fertility center should pay for the child to be raised by her father (if he chooses) or someone else. __________________ "I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin

07-29-2005, 11:44 PM	#8
zippyt LONG LIVE KING ZIPPY! per Feetz Join Date: Mar 2003 Location: Arkansas Posts: 7,661	dad should sue the fretility center for useing his DNA with out his concent , THEY should pay for the child support __________________ "Success is getting what you want. Happiness is wanting what you get. " Brother Dave Gardner

07-30-2005, 10:14 PM	#9
xoxoxoBruce The future is unwritten Join Date: Oct 2002 Posts: 71,105	Oh goodness...if he doesn't pay he'll be a DEADBEAT DAD and be hounded to his grave...then burn in hell. __________________ The descent of man ~ Nixon, Friedman, Reagan, Trump.

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