Post by kyastras on Aug 23, 2009 5:58:36 GMT -5
A MAN who fathered a baby with a prostitute has taken legal action to stop the woman seeking child support payments from him for the child's upbringing.
The married man argues the child is potentially a breach of the Trade Practices Act as there was an implied term of "contract" between clients and sex workers that women would take measures to avoid pregnancy.
The man - who can only be referred to by the pseudonym "Mr Lilley" - told Federal Magistrate Grant Riethmuller he shouldn't have to pay for the inadvertent offspring given the circumstances of the conception.
The man told the court, sitting in Melbourne, he'd had "a consumer transaction" with the child's mother.
Mr Riethmuller heard Mr Lilley initially contributed an amount toward the infant's upkeep under an informal arrangement with the prostitute.
The matter spilled into court in June after he lost his $140,000-a-year job and fell behind in the payments.
The man used the legal action to question whether the sex worker and the Federal Government's Child Support Agency had any right to chase him for money.
The magistrate ruled the circumstances of the conception made no difference to the child's entitlements under the Child Support Scheme and ordered the man to keep paying support for the child
www.dailytelegraph.com.au/news/father-ordered-to-pay-for-child-by-prostitute/story-e6freuy9-1225764979660
The married man argues the child is potentially a breach of the Trade Practices Act as there was an implied term of "contract" between clients and sex workers that women would take measures to avoid pregnancy.
The man - who can only be referred to by the pseudonym "Mr Lilley" - told Federal Magistrate Grant Riethmuller he shouldn't have to pay for the inadvertent offspring given the circumstances of the conception.
The man told the court, sitting in Melbourne, he'd had "a consumer transaction" with the child's mother.
Mr Riethmuller heard Mr Lilley initially contributed an amount toward the infant's upkeep under an informal arrangement with the prostitute.
The matter spilled into court in June after he lost his $140,000-a-year job and fell behind in the payments.
The man used the legal action to question whether the sex worker and the Federal Government's Child Support Agency had any right to chase him for money.
The magistrate ruled the circumstances of the conception made no difference to the child's entitlements under the Child Support Scheme and ordered the man to keep paying support for the child
www.dailytelegraph.com.au/news/father-ordered-to-pay-for-child-by-prostitute/story-e6freuy9-1225764979660
