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- From: eager@eagercon.com (Michael J. Eager)
- Subject: Re: Walk away, run away, was Re: Pre-Sex Contract
- Message-ID: <1992Dec24.062745.27434@eagercon.com>
- Sender: root@eagercon.com (Operator)
- Reply-To: eager@eagercon.com
- Organization: Eager Consulting
- References: <1992Dec21.222800.29843@erg.sri.com>
- Date: Thu, 24 Dec 1992 06:27:45 GMT
- Lines: 57
-
- In article 29843@erg.sri.com, rat@erg.sri.com (Ray Trent) writes:
- >There is a larger issue that Oleg touches on here. To wit, there is
- >the child that needs to be fed. One question that needs addressing is:
- >what if this isn't an issue? What if, heaven forbid, the custodial
- >parent has the resources necessary to feed, shelter, and clothe the
- >child but would *prefer* to have the non-custodial parent pay for
- >these things? Does that change whether or not such a pre-sex contract
- >is a reasonable or valid thing? I.e. is it *really* the needs of the
- >child that drives this objection? Given past net history, I would
- >expect different posters to have different answers to this, but it
- >might be interesting to see my suspicions confirmed.
-
- One point of law and ethics: when there are several people with an obligation
- (in this case, the support and care of a child), the fact that one of them may
- be able to meet all of this obligation does _not_ eliminate the obligation
- of the other party or parties.
-
- In other words, it is not relevant whether the custodial parent needs or wants
- the non-custodial parent to pay support. The non-custodial parent has an
- obligation. It is only in the enforcement of this obligation where it appears
- that the non-custodial parent is expressing any preference. In the state of
- California, the DA will file charges for non-support against a non-custodial
- parent, even if the custodial parent prefers that the non-custodial parent
- does not pay support.
-
- Any contract which purports to eliminate obligations to a third party
- will be invalid and unenforceable. Any contract which appears to be a contract
- for sex will be illegal and unenforceable. Probably the Pre-Sex contract would
- be viewed as both.
-
- >
- >I'm curious, though, whether this is really the issue or not. Let's
- >try a little thought experiment:
- >
- >Suppose the contract had been worded: in the event that a child is
- >born as a result of aforementioned sexual contact the father shall
- >receive primary physical custody of the child. Said custody shall
- >persist until the age of majority of the child unless the father is
- >criminally convicted of child abuse with respect to said child.
- >
- >If it changes your opinion any, insert one of the following phrases:
- >
- >a) the full cost of the child's upbringing will be born by the father.
- >or
- >b) the mother shall be obligated to pay child support following the
- >state's child support guidelines.
-
- Change my opinion? No. The first phrase attempts to release one party
- to the contract from an obligation to someone (the child) not part of the
- contract, and is unenforceable. The second merely restates law.
-
-
- ---
- Michael J. Eager Michael.Eager@eagercon.com
- Eager Consulting (415) 325-8077
- 1960 Park Boulevard, Palo Alto, CA 94306-1141
-
-