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Famous Paternity Victim joins the fight

Smith v. Georgia Department of Human Resources, No. A97A0257 (Ct. App. Ga. May 16, 1997)

The Georgia Court of Appeals opinion (May 1997), by Judge G. Alan Blackburn, criticized Georgia Department of Human Resources for continuing to force Smith to pay support for a child even though he had come up with strong evidence indicating he is not the child's father.

The law should not punish a purported father for failing to insist on a paternity test when he has no reason to believe that he is not the father," Blackburn wrote. "A contrary rule would invite suspicion and distrust, and essentially require all purported fathers ... to accuse their spouses or partners of infidelity by demanding proof of paternity."

"While it is the policy of this state to require fathers to support their minor children, it is not the policy to extort such support from persons who are not in fact the fathers," Blackburn wrote in an opinion joined by Presiding Judge Marion T. Pope Jr. and Judge Edward H. Johnson. "Indeed, if the facts are as Smith represents, we can see no legitimate reason why the DHR, as an agent of the state and of its citizens, would seek to enforce the legal fiction of his paternity."

Carnell COMMENTS: January 27, 2001

Special Speaker 1/31/01 Senate Hearing on Paternity Fraud

I have located the famous Paul Smith from the Georgia appellate case "SMITH v. DEPARTMENT OF HUMAN RESOURCES, A97A0257, May 16, 1997".

After meeting with Paul and his wife for dinner on Saturday, 1/27/01 -- we discovered that he was forced to pay an extremely high amount of Child Support (CS) like many of us.

Paul Smith says that DHR forced him to pay CS on someone else's child leaving him with $19.42 after CS and taxes between pay periods. He told me that he couldn't afford to pay for any type of shelter and had to sleep in his truck during the winter in the employer's parking lot.

Paul Smith says that his dinners consisted of McDonald Happy meals and that he lost weight from 200 lbs+ to 140lbs.

Paul Smith says an arrest warrant for CS arrears was issued and that he had to come up with $1,000.00 by 4pm in a single day or go to JAIL. Fortunately, for Paul Smith, they were able to sell most of their personal belongings and pawn other items to meet the deadline.

Paul says he finally got a break at the lowest time in his life by winning his case in the GA Court of Appeals. But it cost him more than $10,000.00 and FIVE years of his life in the domestic courts.

Paul says that "no one could ever pay me enough money for what was done to me" -- the victim of paternity fraud. All of this for being tricked into paternity for someone else's child!!  [If this is true, we Georgians should be outraged at persecuting the victim!.]

Paul and his wife have agreed to speak at this hearing on Paternity Fraud as extreme victims. Paul Smith and I agreed that we do not want our sons to face this same situation, where the law helps the aggressor rob the victim!

And now, in 2001 -- I (Carnell Smith) find myself in a similar situation, why? Because I believed the mother's repeated assurance's of paternity -- TWO DNA tests revealed that someone else committed the pregnancy. My results were 0.00% paternity.

Would paternity fraud continue to thrive, if moms were required to make full disclosure in a Paternity Notification Affidavit and DNA testing? The nation wide poll at VOTE.COM reports that 95% of the voters say the man should NOT be responsible for another man's child -- he should not be required to pay CS unless the child is his. 

Join us, at the state capitol's Legislative Office Building, 5th floor, Judiciary Committee Room 506; Atlanta, Georgia on Wed., Jan. 31, 2001 @ 5PM.

Paternity Fraud is a crime, crime does NOT PAY and neither should the victim!

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