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The US Constitution provides for Due Process and Equal Protection of life,
liberty, property and pursuit of happiness.
The state laws are supposed to protect the victim in all cases of
fraud, challenge your
state's compliance to the United States Constitution by raising the issue of non-constitutional
laws.
Do not sign anything, nor admit paternity, nor agree to provide any type of child support until you have a completed Paternity Notification Affidavit and results of at least one legally binding im[partial DNA paternity test. If you do not have a court / administrative order listing you as the child's father, It could be a good idea to put the child support money in an interest bearing savings account, to be released only if DNA test results prove that you are the biological father. If you're the unwed biological father and you want to have a relationship with the child. It maybe good advice to seek counsel on legitimation, joint-custody, shared parenting agreement and child support determination based on actual cost income model according to the federal guidelines.
Eliminate paternity acknowledgement at the hospital! Where the unwed alleged Dad is most vulnerable without legal representation, who is not informed that paternity admission gets child support but he gets ZERO visitation rights.
There is no reason for any man to admit paternity without results of DNA tests in hand prior to paying one dime of child support. Paternity Fraud(PF) crime is one case where the victim gets blamed and punished for trusting another human being to be honest!
Some people will say the PF victim should continue to pay because he didn't demand proof of paternity from the accusing mother. Why would he ask for proof without a reason to question her veracity?
An honest mother should easily consent to complete an Paternity Notification Affidavit.** Do the right thing, tell the TRUTH, the man and the child deserve to know the TRUTH.
If the mother balks at signing a Paternity Notification Affidavit. This maybe a sign of trouble!! You will be glad that you did not fork over any cash based on her veracity (honesty). NEVER, NEVER pay child support to the mother in cash -- too hard to prove payments unless she signs a receipt.
It is BETTER to use money orders, checks or Income Deduction Order to paying child support.
Do not use blood group type
testing alone, it can be used for limited exclusions. 1Man
prefers to DEMAND DNA Paternity tests using an impartial
third party lab (1Man has received reports from men alleging
their DNA reports had been altered to name them as the biological father. In
one case, there were three DNA tests done before the whole truth
was discovered.
This means it would be a defensive strategy to select a genetic
lab that meets your states accrediting guidelines. The American Association of Blood Banks
(AABB) does not have any relationship with your state or
child support agency. The paternity test results are prima facie evidence in
many states!
IF you're innocent then tests from two or more genetic labs
should report the same results. If
the results are different, somebody may be altering your final
report to create the illusion of paternity or their was insufficient testing.
If this happened to you, it may be considered as "conspiracy
to commit fraud". SEEK IMMEDIATE
help from a competent civil or tort lawyer, notify the local District Attorney
in writing and the State Attorney General. If this type of fraud and cover up happens to one man,
it is a danger to the public at large!
DNA test results have been consistently used to free the innocent
man accused of rape or murder. Paternity Fraud and Child Support
Fraud is FINANCIAL RAPE! If you're innocent of the alleged crime,
then decency and humanity warrants your freedom!
If the DNA paternity
test results indicate that you are excluded as the biological
father, immediately seek to vacate or set aside all child support
orders, arrearage and obtain a court order of non-paternity. Get
your name removed from all of the minor child's records including
birth certificate, medical records, school records, State's
Putative father registry and anything else.
DO NOT ACCEPT verbal agreements from anyone, that everything
is OK to leave "as is" with you named as responsible
for child support for the mother's child. You can be stripped
financially, held in contempt, and even jailed for non-compliance
with a court order by some judges. It actually happened to a non-bio Dad in Ohio! He's suing for fraud and restitution since Ohio
passed a law in 2000 that "FREEs" the non-Dad from the
child support money trap.
There are double standards in child support fraud. The Law demands
restitution for fraud involving DHR, Child Support Enforcement,
social security, Medic-Aid, Temporary Assistance for Needy
Families (TANF) and other public assistance programs.
The mother
will be required to payback any fraud against a public or private
agency -- but she can keep the money stolen from the wrong man?
Could a child's life could be at risk for medical needs, when the duped Dad does not match genetics in an
emergency room?
What about long term emotional and financial damage to the
paternity fraud victim, victim's family and the mother's child?
This scenario can be avoided by upfront DNA paternity tests at
the hospital and this would insure that the baby goes home with
correct family.
The non-paternal man's right to support his wife, children,
church and community should be superior to any child support
order in all paternity fraud cases. The child support order and
arrears must be cancelled in all paternity fraud cases, to allow
the victim to be restored to pre-fraud conditions.
You better be prepared to fight for your family, don't expect any
concessions nor any mercy from the child support enforcement
system!
There are no laws to provide automatic restitution for paternity
fraud. Start lobbying efforts to enact Paternity Fraud
legislation that requires restitution.
Mothers should be required to complete a Paternity Notification Affidavit to obtain child support for her birth child(ren) in all cases!
In 2002, May 9th -- Georgia's Governor Roy Barnes signed HB 369 into law.
In 2000, OH passed a law to relieve paternity fraud victims from child support and arrears when genetic tests proved paternity equals 0.00 percent.
In 2000, Maryland Court of Appeals upheld similar ruling based on their 1995 law to relieve paternity fraud victims. Related cases exist for other states in AL, FL, IN, WI, AK, TN, CT, VA, KY and others.
There are cases where
the paternity fraud victim managed to successfully get out of the
"child support money trap". Some after expensive,
lengthy court battles and appeals process. But there
are others that were unsuccessful and yet remain, "trapped
in the child support money trap". Some cannot afford the
uphill legal fight.
Have any men committed suicide because of
despair and depression? Sadly, YES!
Are the Child
Support Agencies only interested in getting any male
name on documents, more than insuring that the biological parents are responsible party for child support?
There are many cases where Child Support Attorneys fought to make the paternity fraud
victim pay child support, even after they knew he was not the
biological father.
Beat the victim? Is this a civilized society?
I have personally experienced most of the issues listed on this page including being forced out of my biological son's life as a long distance (~500 mi) NCP and Parental Alienation Syndrome (PAS). I'm the Dad that got left behind, after the ex-fiance` said she wanted be single and free to date other people "after we got engaged and had a son". My long lost son is now 18 years old and I don't know where he lives now, but I paid my child support with deductions from my check. What a deal, I have the right to pay -- but can't exercise my court ordered visitation. Just in case, you're wondering -- NO, I don't have a criminal record and never committed domestic violence. But I'm still here as living proof that GOD will help you survive. Don't you dare give up! Ask GOD for help and ask others for help. Then educate yourself, prepare for war then go fight for changes that promote the child's access to both biological parents. You are more than a conqueror, through JESUS CHRIST, if GOD is on your side!
Signed - Carnell Smith, aka "Man 4 Justice", a
survivor!
PS - I am now
married to a beautiful woman that helped me to become
a Christian during my lowest times in my life. And my
son found me through one of my websites, even after years of
separation. There is hope for you too, in GOD! I dare you
to try GOD.
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