Paternity Fraud

Jellah · #1 (**permalink**) 06-30-2008, 02:04 AM

This might be the wrong section to post on since the section is called "abortion" but its related enough that I thought it would be best to be put here.

But it seems to be a real problem...there are fathers who have been proven to NOT be the biological father (they were successfully lied to) and yet they are STILL ORDERED to pay child support?

http://www.law.com/jsp/article.jsp?id=1144414531354

Quote:

According to a recent study in New Hampshire, as many as 30 percent of those paying child support are not the biological fathers of the children being supported. California is also expected to release results from a similar study later this year.

The reason I raise the issue is because I caught a televison program about it the other day and didnt realize that once a man had established he isnt the father that he could still be ordered to pay!

There was a female lawyer who defended this practice and believed men who arent the father and were lied to SHOULD pay and keep paying. I just couldnt agree with that!

I dont think feminism means allowing women to defraud anyone and gain financial benefit from it....in fact, I think the man who has built a father/child bond with the child he THOUGHT was his but isnt should have legal rights to visitation (much like what would be granted to a biological father) but he shouldnt have to pay for it. I would protect the emotional bond because to break it is to punish the child and father who are innocent of wrong doing.

The support aspect can be addressed by either finding the real biological father (yep who would also get parental rights) to pay the support or appeal to the state and get state support if needed.

Makedde · #2 (**permalink**) 06-30-2008, 02:08 AM

It's been revealed over here that an estimated one in four men are paying child support for children who are not theirs.

I remember a case a few years ago. A man was paying child support for his four children, until he discovered that only one of the children, the youngest, was his. The other three children were fathered by his best friend.
The man sued his ex wife to reclaim all the money he had paid her in child support. He lost the case.

I remember another case in which a man was made to continue paying child support for children that were not his.

Paternity tests at birth should be mandatory, to prevent women from trapping men into paying upkeep for children that are not even theirs.

Jellah · #3 (**permalink**) 06-30-2008, 02:49 AM

Quote:

Originally Posted by Makedde

It's been revealed over here that an estimated one in four men are paying child support for children who are not theirs.

I remember a case a few years ago. A man was paying child support for his four children, until he discovered that only one of the children, the youngest, was his. The other three children were fathered by his best friend.
The man sued his ex wife to reclaim all the money he had paid her in child support. He lost the case.

I remember another case in which a man was made to continue paying child support for children that were not his.

Paternity tests at birth should be mandatory, to prevent women from trapping men into paying upkeep for children that are not even theirs.

I wonder if it wouldnt be wise to start requiring dna tests to put the mans name on the birth certificate to protect all parties involved....or would that be cost prohibitive?

There is also the issue of the child having truthful knowledge on their medical history. I cant imagine what that would do to a child to go many years believing someone is your biological father and then find out he isnt!

I was surprised to find out how often this occurs and even more surprised at the legal standing of it all.

Makedde · #4 (**permalink**) 06-30-2008, 03:53 AM

I agree with you. I think this sort of thing happens far more often than we think it does.

It can be dangerous to keep a childs real father from her - some diseases are genetic and the child may have a disease, but if her father nor mother has the illness, doctors may not know how to cure it. It's always important to know your family history should problems arise.

DNA tests should be mandatory at birth, I don't think men in particular would be concerned about the cost, just as long as they could be reassured that a child was, in fact, theirs.

Joker · #5 (**permalink**) 06-30-2008, 04:23 AM

Quote:

Originally Posted by Makedde

I remember another case in which a man was made to continue paying child support for children that were not his.

I'm guessing the courts take the stance of what's best for the children, not that I agree with that. I'm just trying to imagine why this ruling makes sense.

Quote:

The man sued his ex wife to reclaim all the money he had paid her in child support. He lost the case.

I can understand this ruling. The children suffer from such a lawsuit.

Give the guy a tax credit for the amount paid for his "children."

A Voice of Sanity · #6 (**permalink**) 06-30-2008, 03:12 PM

Quote:

Originally Posted by Joker

I can understand this ruling. The children suffer from such a lawsuit.

Give the guy a tax credit for the amount paid for his "children."

No, he should have sued her for the tort of fraud. Or forgery.

Joker · #7 (**permalink**) 06-30-2008, 03:32 PM

Quote:

Originally Posted by A Voice of Sanity

No, he should have sued her for the tort of fraud. Or forgery.

I'm not sure, but would assume that is what he did.

A Voice of Sanity · #8 (**permalink**) 06-30-2008, 10:45 PM

Quote:

Originally Posted by Joker

I'm not sure, but would assume that is what he did.

It'd be interesting to know.

Makedde · #9 (**permalink**) 06-30-2008, 10:59 PM

I can't remember exactly what happened, but I am sure that, initially, the man won his case, and the wife appealed, and won. The man had to pay back the money he'd received from his ex wife in child support.

Another man who discovered his children were not his was ordered to continue paying child support for some stupid reason...something about how he treated the kids like his own or some crap. I mean, obviously he treated the kids like his own because he wasn't aware they weren't his, right?

Sometimes I wonder about our justice system.

heikstheo · #10 (**permalink**) 07-16-2008, 07:01 AM

The women who foist bastard children upon their husbands should be charged with fraud and theft by deception and the states that allow this fraud should be treated as equally guilty co-conspiators.

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