A divorced dad in Michigan was ordered to pay support for a child who is not his and he is not too happy about it.
Joseph Chmelar got some surprising news from his two sons about nine months after he split up with his wife.
"They got in the car and they were bouncing up and down and telling me that mom has a new baby and I said, 'Is she baby-sitting?'" Chmelar recalled. "Is she looking after someone?"
Apparently Chmelar’s wife got pregnant while they were separated but still legally married. Based on a law that says if a child is born to a married woman, the biological father has no legal rights, a court decided that Chmelar was financially responsible for the child even though court papers clearly acknowledge the boy is not his.
Just before Father's Day, Chmelar got a letter saying he owed $8,500 in back child support plus medical expenses for the baby, Wood TV reported.
"I thought, 'My God, this is hilarious,'" Chmelar said. "It's Father's Day weekend and here's the biggest joke that I think I've ever had played on me transpiring right now."
Sen. Rick Jones is trying to fix the law.
"I certainly would agree that if you are married to someone, they then run off and have a child by another man, that you should not have to pay child support," Jones said. "That seems a bit outrageous. What can be done about this is people should be more responsible and shouldn't have sex outside of marriage. [They] shouldn't father children outside of marriage and should think before they act. That's what needs to happen. Could we do more? Yes. Could we fine tune it? Yes. So we need to do more, but we've made some monumental changes."
Rob Recknagel is the baby’s biological father. He has not really been able to see his son.
"Every single day that goes by that I don't get to see him, it just gets tougher," Recknagel said. "I don't know what he looks like. I'm standing here saying, 'I want my son in my life. I want to pay child support,’ Lets sign the proper documents and just do that."
The court has dropped its request for Chemlar to pay child support.