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Old 05-11-2013, 03:31 AM
stui magpie stui magpie is offline
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Ariel Castro - Child support?

I just saw on the news that it's been confirmed that Ariel Castro, the man who kidnapped the three girls and held them as captive sex slaves for years has been confirmed as the father of the 6 year old girl that was found there. The mother is one of his captives, Amanda Berry.

I'm curious. Under USA law, now that he has been confirmed as the father will be be made to pay child support?

Also, would he have any rights as the father to see the child? (hope not)

If he does get the death penalty and is executed, would part of his estate be taken and provided to Amanda Berry to support the child?

I have zero idea how these things work in these situation, just in case anyone reads my post in a way I hadn't intended, I am absolutely not intending to be flippant about the ordeal those girls went through, or the mixed emotions of raising a child born of rape. Those 3 (4?) girls deserve everything good that could possibly happen to them, they've been through an horrific ordeal. I'm just curious about how the parts that I questioned work.
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Old 05-11-2013, 03:50 AM
Blake Blake is offline
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Quote:
Originally Posted by stui magpie View Post
I'm curious. Under USA law, now that he has been confirmed as the father will be be made to pay child support?
He certainly could be, but he won't. He will spend the rest of his life in prison. Even if he has assets earning him money, he won't be earning enough to to pay child support because he will be sued and lose them all.

Quote:
Also, would he have any rights as the father to see the child?
He would technically have a legal right, but that will be trumped by the psychological damage to the child of seeing him. There is no way in hell that he will be allowed access.

Quote:
If he does get the death penalty and is executed, would part of his estate be taken and provided to Amanda Berry to support the child?
No, because any estate will be frozen pending the outcome of the multiple lawsuits launched by his victims and their families. Even if this bus driver is worth tens of millions, his estate won't exist once the dust settles.
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Old 05-11-2013, 04:30 AM
stui magpie stui magpie is offline
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Cheers mate for the answer.
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Old 05-11-2013, 12:45 PM
Senegoid Senegoid is offline
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Besides which, I don't think he has much of assets anyway. I think I read in one (or more) of the many articles about him, that he is more or less indigent. He lost his job as a school bus driver, and I thought he doesn't have much (if any?) other income. And no doubt he will be in jail for the rest of his life and quite some time thereafter. He's not going to be paying any child support.

ETA: And for the same reason, if that is correct, there won't be much point in lawsuits either.

Last edited by Senegoid; 05-11-2013 at 12:46 PM..
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Old 05-11-2013, 02:56 PM
miss elizabeth miss elizabeth is offline
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Rapists have rights to visitation in like 31 states of the US. I do not think it's is possible he will live another day outside a cell, but if he did, he could ask to see the kid. I guess no sane judge would award it, but still. In cases that receive less publicity than this, rapists can and do get visitation.
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Old 05-11-2013, 03:01 PM
Fubaya Fubaya is offline
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If a judge ordered retroactive child support for the past six years, could that come from the frozen assets? If it's "first come first serve" I bet they could get a child support judgment faster than any other suit could complete.

On the other hand, the child has lived with him and he has technically been supporting it for the past six years, so there would be no case for retroactive support.
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Old 05-11-2013, 03:05 PM
Oakminster Oakminster is offline
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In my state, he'd probably be vulnerable to a termination of parental rights action, assuming one or more of the girls he raped were underage at the time, or after he's had no contact with the child for over a year. Failing that, assuming someone brought a custody/support action against him, he'd lose custody due to being incarcerated, and support/visitation would likely be held in abeyance until he was released from prison.
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Old 05-11-2013, 06:43 PM
Senegoid Senegoid is offline
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A few posts above, I asked what point there would be in lawsuits or any discussion of child support payments -- on the assumption that the guy has little or no assets, and isn't likely to acquire any.

Now, I just saw a headline to the effect that the families are lawyering up. I wonder why?

No I don't. Without even reading the article (yet), lemme guess: They're fixing to sue the city for negligence or something, on the basis of all those apparent police calls and other "clues" over the years that (for whatever reason) didn't get those people discovered and rescued.

Amirite?

Last edited by Senegoid; 05-11-2013 at 06:43 PM..
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  #9  
Old 05-11-2013, 06:49 PM
Senegoid Senegoid is offline
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Okay, I just read the article. ( about the families lawyering up ). Very brief article -- no mention of lawsuits (yet).

Lawyers will be discussing compensation with city officials (out of court settlements?), and will also be managing and distributing the charitable funds that are pouring in.
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