By Kiran Thomas, CAFE Volunteer

Typically in paternity fraud cases, the alleged father has been paying child support for numerous years and he later discovers that he is not the biological father of the child. Unfortunately there are cases to be found that even after finding out they are not the biological fathers, courts and state agencies still force them to contribute child support.

Usually one of the following things is ordered by the court:

– Further child support payments are ceased.

– A continuation of child support payments is ordered.

Reason why Court orders child support

Even if a man is not the biological father of the child for whom he had been paying child support, since DNA test proved so, a court may order the man to continue paying child support because:

– The man has acted as the child’s father, supporting the child for a period of time.

– Despite parentage the child still requires child support.

– It is in the best interest of the child that child support payments continue.

Even criminals can use DNA evidence to clear their record, apparently “duped dads” cant! Looks like the worst crime a man can commit is to be with a “liar” and believe in the lie. But once he finds out the truth the punishment for believing the lie is to force him to live the “lie”!

One cannot stop wondering whether it’s the best interest of the child or the mother who is not punished for fraud. Or is it even bigger than that- many states receive government funds for every child support claim they issue, and they may take a percentage of money collected—often to the tune of tens of millions of dollars per year. Or is it another method for the state to not end up paying for child/mother care since there is someone else who is already doing diligently.

Isn’t it true exploitation of helpless fathers (or just Men who experience “feelings worse than death”)? Looks like there are too many vultures who feed on a chained man’s flesh…

Things to remember:

·         If in doubt take the paternity test after the child birth or before child birth ensuring the safety of the fetus. If the DNA tests show that you’re not the father, ask your lawyer how to challenge paternity. Depending on where you live, you’ll typically have 6 – 24 months to do so. Don’t let that window of opportunity close.

·         Do not sign the birth certificate unless and until paternity is confirmed. And do the paternity test as soon as possible.

·         Bad news -In many states, when a child is born during a marriage, the husband is presumed to be the father—biology is irrelevant. So even if DNA shows that he’s not the father, he’ll still owe child support.

·         The big complication here is that you undoubtedly love your son/daughter and you may decide that you want to claim him as your own regardless of what a paternity test might show. This means that you’ll need to work out custody and child-support arrangements with your ex. Be aware, though, that if someone else orders a paternity test later (say she marries the man she’s been having the affair with and wants him to be daddy) and you’re ruled out as the child’s father, you could lose your custodial rights altogether.

Always remember a man’s rights or a child’s right is never equal to a woman’s right.
“Tread softly because”… your path isn’t easy..

Sources:

1.    http://www.canlii.org/en/ca/laws/stat/sc-2004-c-2/latest/sc-2004-c-2.html

2.    http://www.canadiancrc.com/UN_CRC/UN_Convention_on_the_Rights_of_the_Child.aspx

3.    http://www.canadiancrc.com/Paternity_Fraud.aspx

4.    http://www.canadiancrc.com/newspaper_articles/Globe_and_Mail_Moms_Little_secret_14DEC02.aspx

5.    http://www.ehow.com/about_7796505_canadian-paternity-law.html

6.    http://www.mrdad.com/ask-mr-dad/protecting-yourself-from-paternity-fraud/