Twins Not His But He Has To Pay Child Support

Staff Writer, Feb 09, 2009

In Toronto, a judge has ruled that a man who had a DNA test that proved he was not the father of the twins his wife had 16 years earlier was not entitled to get back any of the child support he had paid.  Not only that, he had to continue to pay child support for the twins.

There is a 1999 Supreme Court of Canada ruling that says that if someone acts as a parent and provides support for that child during the course of a marriage, they continue to be liable for support of that child even if it is not biologically theirs.  Mr. Cornelio was not aware at the time of the twins’ birth that his wife had an extra marital affair.  He was led to believe that the twins were his.  However, he did continue to support the children even after he found out and even after the couple separated.  The judge noted that he did not fight the child support ruling until he faced an increase in the amount.

The judge also noted that he was the only father the twins had known and he took on that responsibility even after the truth was learned.  She stated that the twins should not be made to suffer because of ill will that now remains between the couple.  Ms. Cornelio claims she does not recall having an extra marital affair and that is probably because of medication she was taking at the time.

For 16 years, 6 years before the separation and 10 years after, Mr. Cornelio had established himself as the twins’ father and he was still responsible for payment of child support.  Neither of the Cornelio’s had stated that the man wanted to break off any visitation or emotional support of the children.  He did want his child support money back and to cease further payment.  The judge cited precedent in her ruling and also said that Ms. Cornelio was indeed guilty of a moral betrayal but that the children aught not suffer as a result.

No incidents were reported as a result of the ruling and the children were not in attendance at the hearing.  It seems the man does care about the twins so perhaps he will abide by the ruling and continue to pay the support until the children are of legal age.