Latest / Jono, Ben & Megan - The Podcast / Should My Friend Seek Child Support from Her Ex?
Transcript
- 0:00Speaker 1: This jonaman Being podcast brought to you by Hello Fresh.
- 0:03Speaker 1: The experts and Tastes that Kiwi's Law. Emotional scenes are
- 0:06Speaker 1: the Warriors on Friday night to the last home game
- 0:09Speaker 1: for Shawn Johnson, very very teary.
- 0:11Speaker 2: It was when he walked out with his wonderful wife
- 0:14Speaker 2: Kayla and their children and started tearing up. I imagine
- 0:17Speaker 2: that would have been a big wave of emotion for him.
- 0:19Speaker 2: Totally stupid comment, John, Obviously it was, but and it's
- 0:23Speaker 2: hard to probably regather yourself from that moment then start
- 0:25Speaker 2: tackling mofos.
- 0:27Speaker 3: Yeah, play a rugby league game, but yeah, really really sad.
- 0:31Speaker 3: It was a great scend off. You're right, Tam.
- 0:32Speaker 1: Meghan, Now someone's slid in to Meghan's TMS again worth
- 0:38Speaker 1: a very well juicy dilemma.
- 0:40Speaker 4: I guess in some ways they're like insensitive, which they
- 0:44Speaker 4: address it sears. Hey, John, have Ben and Meghan. This
- 0:47Speaker 4: is a sensitive topic and involves my best friend. Long
- 0:51Speaker 4: story short, my friend and our ex husband were trying
- 0:54Speaker 4: to have a baby and they froze embryos during their
- 0:57Speaker 4: time together. They broke up and therefore didn't use them.
- 1:01Speaker 4: Fast forward and my friend ended up using one of
- 1:03Speaker 4: the embryos herself with the permission from her ex. As
- 1:07Speaker 4: long as she agreed, she raised the child herself. He
- 1:10Speaker 4: didn't want to be involved, But now the child is
- 1:13Speaker 4: too and she is asking for child support. I'm support
- 1:17Speaker 4: of her that he was very clear that he would
- 1:20Speaker 4: give her the gift of a child, but didn't want
- 1:22Speaker 4: to be involved. That included giving the child support. She
- 1:25Speaker 4: keeps asking me for my opinion and what she should do.
- 1:28Speaker 4: But I can't help but feel like she trapped him
- 1:30Speaker 4: a wee bit and it isn't really fair. But then again,
- 1:33Speaker 4: he is the father. Should he pay? Am I a
- 1:36Speaker 4: bad friend for feeling like this?
- 1:40Speaker 2: My first instinct is they had an arrangement. He has
- 1:43Speaker 2: no obligation to pay. But then I've watched a lot
- 1:46Speaker 2: of judges duty over my years. She would say, take
- 1:49Speaker 2: the emotion out of it.
- 1:51Speaker 3: What was the deal?
- 1:52Speaker 2: Was it written down?
- 1:53Speaker 4: Was it written?
- 1:54Speaker 2: Was it contractual? Because then but if it was just
- 1:57Speaker 2: he said, she said, then arguably the eyes of the
- 2:00Speaker 2: law's he's got an obligation.
- 2:03Speaker 1: Yeah, you're right, it does feel like exactly what you said.
- 2:06Speaker 1: I don't need to repeat exactly.
- 2:08Speaker 3: You're on my team. I am, actually Yeah, like that
- 2:11Speaker 3: does feel like it was the agreement.
- 2:13Speaker 4: But did they did they get a contract, an actual
- 2:17Speaker 4: agreement drawn up?
- 2:18Speaker 2: Well, that hasn't been mentioned, which would need you to
- 2:20Speaker 2: believe no, But is the.
- 2:22Speaker 4: Verbal agreement enough in the eyes of the law in
- 2:25Speaker 4: this situation?
- 2:27Speaker 3: Does he have some sort of obligation? You know, and
- 2:29Speaker 3: someone will not well.
- 2:30Speaker 2: You would as even a bit yeah, because are you first, four, ten,
- 2:34Speaker 2: fifteen years in this situation and the child's growing up?
- 2:38Speaker 2: What do you do then, because this person might still
- 2:40Speaker 2: be in and around, Yeah, the house, and do you
- 2:45Speaker 2: like it gets messy? It does get very messy. But
- 2:48Speaker 2: the question we're asking is is he obligated to pay
- 2:50Speaker 2: child support off the back of this arrangement?
- 2:53Speaker 3: I'd love to know what he has his thoughts changed
- 2:56Speaker 3: towards it.
- 2:57Speaker 1: You know, has he met the child, does he feel
- 2:59Speaker 1: like maybe yeah, part of their life move.
- 3:01Speaker 4: On from the friend obviously, Well, it sounds like they're
- 3:04Speaker 4: not at all in any kind of relationship.
- 3:07Speaker 2: It reminds me of when I'm walking through Westfield More
- 3:09Speaker 2: and they're like, hey, sir, would you like to sign
- 3:12Speaker 2: up direct debit to save the starving chinchillas of Bolivia?
- 3:16Speaker 2: I'm like, yeah, okay, I'll help them, and then I
- 3:18Speaker 2: canceled the direct debbit a couple of months later. But
- 3:21Speaker 2: then they come knocking three years later and they're like
- 3:23Speaker 2: that chinchilla you helped save starving to death now wants
- 3:26Speaker 2: a house pay.
- 3:27Speaker 3: Up just like that, right, questioning that example, No part
- 3:33Speaker 3: of me.
- 3:33Speaker 2: You got lost your example lot doing that example.
- 3:39Speaker 3: When you started. Okay, so what okay, what do we
- 3:44Speaker 3: want to know here, Meghan?
- 3:46Speaker 4: What will the friend wants to know? Is she a
- 3:47Speaker 4: bad friend?
- 3:48Speaker 3: Fulfilling like that?
- 3:49Speaker 4: Should the father technically should he be paying? I guess
- 3:53Speaker 4: what is the legalities around that too?
- 3:55Speaker 3: If you lawyer, and.
- 3:56Speaker 2: So your friend probably wants to know she should say
- 3:58Speaker 2: something to her mate and so how you should back
- 4:00Speaker 2: asking for child support page.
- 4:01Speaker 3: The hits that johnaan Ben podcast.
- 4:04Speaker 1: We're in the middle of today's dem Megan, which has
- 4:07Speaker 1: got to do with the child support and an agreement.
- 4:09Speaker 1: We don't know how rock solid the agreement was, but
- 4:12Speaker 1: just a recap, Megan.
- 4:13Speaker 4: So this is a friend messaging in about her friend
- 4:15Speaker 4: and ex husband. They were trying to have a baby,
- 4:17Speaker 4: their froze embryos, which they didn't use when they were
- 4:19Speaker 4: in a relationship. Fast forward, she asked if she could
- 4:24Speaker 4: use the embryo to have the baby herself. The verbal agreement,
- 4:28Speaker 4: as far as we know, was that he didn't want
- 4:29Speaker 4: to be involved.
- 4:31Speaker 3: Now that the.
- 4:31Speaker 4: Baby's too, the child's too, she is asking for child support,
- 4:35Speaker 4: but he said he didn't want to do anything. I
- 4:37Speaker 4: didn't want to be involved in any way.
- 4:39Speaker 2: And it's in his position I would be like again,
- 4:43Speaker 2: fast forward fifteen years and the kids growing up, and
- 4:46Speaker 2: he's joined a gang like the Tea Birds from Greece
- 4:48Speaker 2: or something, and he's like, you know, my best friend
- 4:51Speaker 2: wouldn't be Danny Zuker if you just paid child support.
- 4:54Speaker 3: You know that would linger over me. Yeah, the guilt
- 4:56Speaker 3: of well you want to do? You want to help
- 4:58Speaker 3: out this kid? Eternal instinct you exactly. Yeah, That's why
- 5:02Speaker 3: I really love to know if he wants to be
- 5:04Speaker 3: more involved or not. What's the text machine saying there?
- 5:06Speaker 4: Flooded He didn't actually have the physical situation to conceive
- 5:11Speaker 4: the child. She did that knowing he didn't want to
- 5:14Speaker 4: be with her or support her.
- 5:16Speaker 3: No way.
- 5:16Speaker 4: Should he have to pay child support? Someone said, surely
- 5:20Speaker 4: he had to sign off on it. Well, it sounds
- 5:22Speaker 4: like he did. And if they didn't have a contract
- 5:24Speaker 4: after that, then basically.
- 5:26Speaker 3: He's agreed to do it.
- 5:28Speaker 4: This is someone that said, quoting a lawyer, a verbal
- 5:30Speaker 4: agreement is passable in a court of law, and this
- 5:32Speaker 4: would be sufficient to swing in the favor of the
- 5:35Speaker 4: father not having to pay child right.
- 5:38Speaker 2: Well, but the question this morning, I guess is, does
- 5:40Speaker 2: this lady confront her friend and say, hey, back off
- 5:43Speaker 2: the child support demand's car?
- 5:44Speaker 4: You're on?
- 5:45Speaker 3: How are you?
- 5:47Speaker 5: I'm good Now, my blood's not boiling so much?
- 5:50Speaker 3: Were your blood? Your blood's boiling from?
- 5:54Speaker 4: Who are you defending?
- 5:56Speaker 5: I'm defending him? I heard a friendship. That friendship, Hell,
- 6:00Speaker 5: one hundred percent. It's not right.
- 6:03Speaker 4: It's to me.
- 6:04Speaker 5: I feel like this woman has gotten older and she's
- 6:07Speaker 5: going kind of getting at the end of her kind
- 6:09Speaker 5: of being able to have kids situation, possibly in the embryo. There.
- 6:14Speaker 5: He's done her a solid, you know, he's been a
- 6:16Speaker 5: good guy and said, yeah, okay, that's cool him and
- 6:19Speaker 5: heard the reasons, you know, were his his demands or
- 6:22Speaker 5: whatever you want to call them, and then she's just
- 6:24Speaker 5: got totally against that.
- 6:26Speaker 3: Yep.
- 6:26Speaker 2: True, he was pretty clear by the sounds, but pretty
- 6:29Speaker 2: clear with his.
- 6:29Speaker 3: Communication agreement there.
- 6:31Speaker 2: Yeah, it's like if I is an example walking through
- 6:33Speaker 2: Westfield and they're demanding money for chinchillas.
- 6:35Speaker 3: And Bolivia your blood boil.
- 6:43Speaker 2: John, thanks for the chinchilla example.
- 6:45Speaker 3: That really cleared things up for me.
- 6:47Speaker 4: Martin.
- 6:50Speaker 3: Yeah, good.
- 6:51Speaker 2: Do you think the friends should confront her mate and say, hey,
- 6:54Speaker 2: child support payments? No?
- 6:56Speaker 6: No, no, definitely, I mean I do want to text
- 7:01Speaker 6: it and it said, you know, you think they both
- 7:03Speaker 6: would have had to sign off on the ivy en
- 7:07Speaker 6: ye And in my eyes, surely.
- 7:11Speaker 5: You'd get something written down to say that it's.
- 7:14Speaker 6: Not technically it's not going to be my.
- 7:16Speaker 5: Child kind of thing.
- 7:16Speaker 6: But yeah, turn around and say pull.
- 7:20Speaker 2: Your ahead and it's yeah, you.
- 7:23Speaker 6: Know, it's un here on him if he didn't want
- 7:25Speaker 6: to him any more kids or if he's in another
- 7:28Speaker 6: marriage with kids.
- 7:29Speaker 2: Yeah, well he did a favor and it's come back
- 7:33Speaker 2: to bite.
- 7:33Speaker 4: And do you know what, probably ninety percent of people
- 7:35Speaker 4: on the text machine are agreeing.
- 7:37Speaker 3: So resolution, that's what we're going to say.
- 7:40Speaker 4: But someone said, as his name on the birth certificate,
- 7:43Speaker 4: if it is, he probably has to.
- 7:45Speaker 1: Pay Childs's that johnaan Ben podcast.
- 7:48Speaker 2: Andra, We are tracked down The team tracked down a
- 7:52Speaker 2: reproductive lawyer.
- 7:53Speaker 4: Someone who specializes in this kind of situation.
- 7:57Speaker 2: Xandra joins us on the phone. Good morning to you,
- 8:00Speaker 2: Good morning King Lovely. Now, just to clarify, we're not
- 8:03Speaker 2: paying per hour for this house.
- 8:05Speaker 6: No, no, no, absolutely not.
- 8:07Speaker 2: All right, okay, because it will come on Ben's credit card.
- 8:09Speaker 2: He's got sixty three million views on the internet at
- 8:11Speaker 2: the moment, any money, all of you. Xandra, Now you've
- 8:20Speaker 2: heard the scenario legally, we're just you know, quite interested
- 8:23Speaker 2: to know from a legal standpoint, where does everyone sit.
- 8:27Speaker 6: Well, look, absolutely, and whom's not the ex husband who
- 8:32Speaker 6: I think is one of your listen has just said
- 8:34Speaker 6: did her favor? You know, he is exposed. He's exposed
- 8:40Speaker 6: for to pay chart support in terms of he's consented
- 8:44Speaker 6: to her using the embryo and I assume is on
- 8:48Speaker 6: the birth partificate, which then of course makes him a
- 8:51Speaker 6: father and a guardian. In saying that, though there would
- 8:57Speaker 6: be grounds to argue that with IDA and apply for
- 9:01Speaker 6: what's called and it's been reviewed. But yeah, I mean,
- 9:05Speaker 6: I'm not going to sound like annoyed it here, but
- 9:07Speaker 6: it's exactly what I am. It's so important to get
- 9:10Speaker 6: these to get something documented and get an agreement and
- 9:14Speaker 6: get the independent advice before so that everybody knows, get it.
- 9:18Speaker 1: In writing, and get it and write, because what's the
- 9:20Speaker 1: thing a vo agreement? I guess it is kind of
- 9:22Speaker 1: like he said, she says, or whatever the situation is.
- 9:25Speaker 6: Right, Yeah, absolutely, but also to just get that two
- 9:29Speaker 6: lawyers each, get your own lawyer, get independent legal advice,
- 9:33Speaker 6: get it documented in an agreement. It doesn't cost a lot.
- 9:36Speaker 6: We do these quite regularly with beef. They call donor agreements,
- 9:40Speaker 6: and everybody knows where they stand that. You know, you're
- 9:43Speaker 6: not going to be a parent who's got the responsibility
- 9:46Speaker 6: day to day. You're not going to go on the
- 9:48Speaker 6: birth certificate. You're not going to apply at a later
- 9:51Speaker 6: stage to be a guidian. But you know important for
- 9:53Speaker 6: the guy in this scenario not going to be responsible financially.
- 9:57Speaker 4: So I've heard from the friend and we know that
- 10:00Speaker 4: there was no official contract, so it was a verbal agreement.
- 10:04Speaker 4: But she's not sure if he is on the birth certificate,
- 10:08Speaker 4: say he's not, but they only have a verbal agreement.
- 10:11Speaker 4: Where would they stand with child support in that scenario?
- 10:15Speaker 6: Yeah, that it would be really difficult for her to
- 10:17Speaker 6: get child support in that scenario and so that's key.
- 10:20Speaker 6: That's the key. But is he unburstificate or not. If
- 10:24Speaker 6: he's not, then that's going to make it very difficult.
- 10:26Speaker 2: Well, Xandra, if anyone finds their life falling apart, how
- 10:30Speaker 2: do we get.
- 10:30Speaker 6: Hold of you? Just just google my name, you know,
- 10:34Speaker 6: just look me up. It's quite unique.
- 10:37Speaker 3: Great now, I've never heard the name Xandrew.
- 10:39Speaker 2: It's a wonderful name.
- 10:41Speaker 4: Thank you.
- 10:41Speaker 6: Yeah, it is good.
- 10:42Speaker 4: It is good.
- 10:43Speaker 3: Good name, good name.
- 10:43Speaker 2: You love the name being.
- 10:47Speaker 1: It's like you had a personalized plate and said I
- 10:49Speaker 1: couldn't get Sandra, so I just get the Z version.
- 10:51Speaker 3: It was good. I like it.