December 4, 2000
To the Honorable Georgia Senator Zell Miller
Suite 300, 100 Colony Square
1175 Peachtree Street, Northeast
Atlanta, GA 30361
Phone: 404-347-2202
Dear Mr. Miller:
I am a victim of paternity fraud, estimated losses to date approaching $70,000.00. In many Georgia divorces and domestic law cases involving child support, there is the possibility of fraud in the determination of who should pay the child support.
The mother is willing to secure child support from the non-paternal man using deceit and perjured testimony, as revenge for her spite and hate. She may use the excuse that she is doing it “for the child(ren)”. Fraud is a crime. A crime committed “for the children” is still a crime.
PROBLEM:
I believe that the following ideas could help eliminate the possibility of paternity fraud, remove the profit incentive and thereby protect the innocent citizens of Georgia, especially the children. The national news and syndicated talk shows indicate that paternity fraud occurs in as many as 20% to 35% of the child support cases filed. There is no good reason for a voluntary paternity acknowledgement without “proof of paternity”.
SOLUTION: Part I
In all divorce cases and domestic law cases involving children and child support, DNA paternity testing should be automatic and required, except for adopted children. If DNA paternity testing reveals non-paternity of the alleged father, the biological father shall be required to pay child support for the respective child(ren).
All mothers will be required to answer two questions under the penalties of perjury, in order to obtain child support from the alleged father, except for adopted children.
- Are there any other possible fathers of this child? If so, list all.
- Have you informed all of the possible fathers of this child? If so, when? If not, why not?
Part 2
SOLUTION: Part II (Authored by Nadine Ziskind)
There should be a system to encourage and enforce restitution where there has been fraud or error in divorces and child support cases which occurred before required DNA paternity testing.
There should be restitution in past divorce and child support cases where child support was paid and DNA evidence later proved that the husband or alleged father was not the biological father.
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.
I believe that modifying the Georgia Code (OCGA) as outlined above will go a long way toward correcting both future and past child support abuses. I look forward to your reply concerning “how to” initiate changes in Georgia law to protect the innocent victims, like me.
Don’t forget, Fraud is a crime!
Sincerely,
Mr. Carnell A Smith Sr.