PATERNITY TEST SOLUTION
SFL-CAPF Nadine Mendolson-Ziskind
There should also be a system to encourage and
enforce restitution where there has been fraud or error in divorces
and child support cases which occurred before mandatory DNA paternity testing.
There should be restitution in past divorce and child support cases where child support was
paid and where later evidence proves that the husband or alleged father was not the biological
The amount of the restitution should be the entire amount paid for the child or children in
question, plus interest. The amount should be calculated by setting up a schedule where each child support
payment should be treated as if it were a deposit into a savings account at compound interest.
If the mother offers restitution without being asked,
the interest rate used should be six percent and the compounding rate should be monthly. Criminal proceedings
against the mother for fraud would be disallowed.
If the alleged father requests restitution and the mother agrees without
argument, the interest rate used should be eight percent and the compounding rate should be monthly. Criminal
proceedings against the mother for fraud would be disallowed.
If the alleged father requests restitution and the mother refuses the
request, and DNA paternity testing proves the father's allegation of non-paternity, the interest rate should be ten
percent, and the compounding should be semi-monthly or weekly (depending on the payment frequency in the original
child support order). In this instance, the mother should pay for the paternity test and court costs. Criminal
proceedings by a District Attorney against the mother for fraud would be permitted.
The amount (principal and interest) should be paid in a lump sum.
Modifying the state laws as outlined above will go a long way toward correcting both future and
past child support abuses.