PRACTICAL POINT:
Some states will admit there is a problem after reviewing the data about paternity fraud or false allegations of paternity, but will NOT address the root cause.
ROOT CAUSE:
Paternity Fraud cannot occur without dishonesty, deception, perjury, misrepresentation or a mistake of facts by the child’s mother. The mother is the only party with 100 percent knowledge that she has or had more than one intimate partner during the window of conception then deliberately conceals this vital information from the alleged or presumed father.
In other cases of default judgement, men are saying / proving they did NOT have intimate relations with the mother.
Another group of males are being falsely identified by DNA testing when the mother has intimate relations with related males that is not detected by insufficient testing at some DNA laboratories.
In some cases, the lab admits insufficient testing to determine which male is the biological father, but the family court judge refuses to allow the alleged father to get an independent legal paternity test with all parties at his own expense.
We have reports of males with altered Paternity reports that were changed to pick him as the biological dad. Subsequent testing, if done will reveal one of two possibilities — either the alleged father has been framed as claimed with a false test or he is the biological father.
Many family court judges will not allow him to get a DNA test with an impartial laboratory that is not connected with the state agency. In my opinion, most guys are unaware of the child’s actual/ estimated conception date and gestational age at birth to calculate probability of intimate contact.
How many men are paying child support for children they didn’t father? I don’t believe there is an exact count available unless paternity testing is done nationwide.
An Office of Child Support Enforcement report shows 12% of males said the children were NOT theirs. If we apply this factor across 70 Million births the results would exceed a shocking number of SEVEN MILLION. [CAPF-note] In many cases the judge was not concerned about the truth when biological paternity is another guy.
See Source, Federal Office of Child Support Enforcement
Fathers Say Why They Don’t Pay [Not the father = 12 percent]; If you would like more information, contact OCSE’s David Arnaudo at (202) 401-5364.
David Arnaudo is Senior Technical Advisor in OCSE’s Division of Policy and Planning. This article is a summary of Sumati Dubey’s “A Study of Reasons for Nonpayment of Child Support by Noncustodial Parents,” which appeared in the Spring, 1996, Journal of Sociology and Social Welfare.
*Which states have paternity fraud statutes? Some states refer to this as Disestablishment of Paternity or Milkman statutes to address those scenarios where the child resembles the neighborhood milkman aka Cuckolding.
[If there are multiple alleged fathers, and none are excluded by initial testing, then the court must order additional testing until the issue is resolved. Section 505(c).]
See presentation that we obtained through the National Child Support Enforcement Association (NCSEA in April 2001)
*Why have states been so slow to change the laws regarding paternity fraud?
Political Correctness vs. upholding the US Constitution especially minimizing Due Process and Equal protection for the accused males. DANGER * – NONE of the states require a full and truthful disclosure of other potential fathers to the alleged father.
Innocent males are being punished for believing the lie “you are the father” from the mother (Extreme case of unjust enrichment due to violation of confidential relations and deliberate concealment of material facts).
[ United States Supreme Court – “in the field of contested paternity . . . the truth is so often obscured because social pressures create a conspiracy of silence or, worse, induce deliberate falsity. The person alleged to be the father has a legitimate interest in not being declared the father of a child he had no hand in bringing into the world. It is important to him that he not be required to provide support and direct financial assistance to one not his child.- RIVERA v. MINNICH, 1987.SCT.2906, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473, 55 U.S.L.W. 5075]
Based on my research and conversations with legislators in several states:
#1 Answer is many states look the other way while claiming Best Interest of the Child (BIC) – justifies financially and emotionally destroying the INNOCENT male with no regard for his Civil and Constitutional Rights . Yet this same logic does not apply for the thousands of kids that are denied contact with their biological dad or duped dad.
In many cases the male does not have a relationship or NEVER had a relationship with the child. In other cases, the duped male has been trapped for financial reasons by default judgment. We (US-CAPF) agree with Maryland Appeals Court and Ohio Legislators, children do NOT select fathers, only mothers DO. Best interest argument is not a factor in the determination of actual paternity.
See Office of Child Support Enforcements website:
Note
Reversing prior holdings based on a recent statutory change, the Maryland Court of Appeals recently held that Family Law Article Section 5-1038(a)(2)(i)(2) applies retroactively to any action to disestablish paternity, regardless of the date when paternity was established, Langston v. Riffe, 359 Md. 396, 754 A.2d 389 (Md. 2000).
This provision gives an adjudicated father the right to reopen and challenge the paternity declaration against him when post declaration genetic test results show that he is not the child’s biological father. The Court further held that the adjudicated father may request a blood or genetic test in order to confirm or deny paternity.
A determination of the best interests of the child is inappropriate and irrelevant to deciding whether to order genetic testing or disestablish paternity
#2 Answer is some States are UNAWARE of the magnitude of the problem. National DNA Paternity tests shows non-paternity 28% in 1999, and 30% in 2000, ?? in 2001. Source: Annual Parentage Study from American Association of Blood Banks (AABB).
Millions of child support cases are adjudicated without genetic proof of paternity using default judgments, administrative hearings, acknowedgment of paternity and conclusive presumptions of paternity.
CAPF OPINION:
- Some states believe their current system is adequate to maintain their eligibility for Federal matching funds. State must get at least 90% paternity establishment
- Some states have a short time limit for males to challenge paternity (1-5 years typical). If any challenge is ever allowed.
- The WORST States for Paternity Fraud victims are CA (High default judgments and virtually no paternity challenge is allowed best interests cover up.), and NY requires a physician approval and may require a court order. NY victims have contacted us with proof of adultery the trial court refuses to allow the victim to use the 0.00% DNA test to prove his innocence and Texas.
- States has financial incentives to do nothing for the paternity fraud victims. State gets Federal matching funds for the child support program based on Signed Paternity Acknowledgements or administrative /court orders (Predatory practice), Amount from Gross receipts of collected support, amount of child support arrears and other criteria for staying in the Federal money pool. This is done with ZERO incentives to establish actual paternity
US-CAPF CONCLUSION:
Defensive strategy calls for every single, married, divorced or soon-to-be-divorced males is to get a DNA test immediately for all cases of child support and divorce except formally adopted kids and births from artificial insemination (signed and notarized consent by husband, wife and treating physician) to avoid Paternity Fraud and no-fault divorce.
The laws should require the mother to complete a Paternity Notification Affidavit (PNA) to all potential fathers so that all males would be fully aware he is a paternity candidate vs. the only guy. This vital information would notify the alleged father of a real danger to him emotionally, socially, financially and psychologically. If he chooses to adopt a child that is not his, it should always be his choice.
The DNA test will reveal the truthfulness of the mother’s PNA by confirming biological paternity.
How much money are these men paying in child support? No exact figures unless men would be willing to share the terms of their court orders / administrative order. See chart below for Financial cost to paternity fraud victim excluding legal fees and other costs.