paternity fraud

Tanya - posted on 04/24/2010 ( 5 moms have responded )




My partner of 6 years is paying child support to a 7 year old child that is not biologically his. After he found out he immediately cut ties with the child because he thinks it would just hurt even more and she deserves to know the truth. Also, he was never able to see the child on a regular basis. It was twice a month until he lost his job. We don't live together yet, but he has never had money for our son because he pays 400 a month to child support, again for a child who isn't biologically his. He lost his job in 7/2009 and they're now threatening him to suspend his license and of course back child support because he isn't paying right now. When he lost his job the mother told him since he's not paying he can't see the child. He had absolutely no idea this child wasn't his until the 2 year period was over. We also have no idea who the real father is. He did sign the birth certificate because he thought the child was his. The mother waited until she was 3 to put him on child support because they broke up when the child was only 6 months old. I guess that should have been a sign right there but we really didn't think anything of it. After we took one of those paternity test it came back 0% possibility. My boyfriend text and asked her if she ever cheated during their relationship and if there is any possibility that the child could not be his. She flat out lied and said she never cheated ever.... and there is no possible way the child is not his. I would never think to pin my children on another man, but apparently there are many out there who do. The mothers, child support and the state. I appreciate the laws in place to help those dads who run from their responsibilities. How about those victims such as my boyfriend who have been victimized by deceiving and lying mothers who now can't take care of their real children because they have to take care of another man's child? The state say it's about the child not money.. Really? Child support wants money... state gets federal dollars because child support gets money.... Family court wants money..... the mother wants money..... Mother is on state assistance so welfare wants money...non biological father will be put in jail if he doesn't pay money.. and its not about money? So they say it's about the child.. Yes absolutely the child is going to be hurt just like the father. Is it the father's fault? No it's the mother. Is teaching the child to live a lie ok? No it's not.. What if something medically happened to that child and she needed a donor or something and there is no biological father to save her life? Doesn't she have the right to know who she really is and where she came from. Part of who we are biologically also has to do with family medical history... Does she not have that right? Since we're talking about best interest of the child… How about the victim's real children who have to go without because money is going out of the home? They are children involved so why are their best interest not considered? There are cases across the country where families have lost their homes because of this. One man was even paying to a child who was living with her mother and her biological father. How crazy is that for someone to pay the parents so they can take care of their own child. Why not make the real fathers pay for their children. The senators are lucky because I am done having children. If not... I would have a baby and name one of their husbands the father and get support from them to see how they really like it. My boyfriend has never been in trouble with law, paid his taxes, and served the military. The mother on the other hand can't hold down a job, stays on state assistance, and now trying to get SSI so she doesn't have to work. She sure can party though. State awards her for her irresponsibility. I work full time, take care of my 3 kids, go to school, and pay my taxes like everyone else and this doesn't seem fair at all. The laws need to change! Other states have changed the laws so I am pretty sure Washington can as well. They put people to jail because of fraud. How is this any different? We are in the early stages of this, so we're researching and trying to find out what are best options are at this point. One thing is for sure... We are not going down without a big fight! Please help stand up and fight against paternity fraud in Washington state! Any thoughts on this?


Very frustrated mom against Paternity fraud


Tanya - posted on 04/24/2010




The laws in Washington state say that if the child is over 2, even if he can prove he isn't the father he still has to pay. Some states have changed but most still make them pay.
Here's an example pasted below


View replies by

Katharine - posted on 06/03/2013




My story is a little different and sad at the same time. I'm stuck in a really difficult situation & am not getting answers anywhere-so this is my last attempt. My father in law (56) & his young wife (27) are planning to have him sign a birth certificate of a friend (of the wife's) that is having a baby she doesn't want. So they can then have the birth mother sign her rights over to my fathers in laws wife. In the end this child will believe my father in law is her real father & his wife is her "adopted mother" I personally think this is wrong on so many levels but at the same time I feel sad for the new wife. She can not have any more children do to internal problems. They have twins together that are 5 now & they have lost several babies since then. I feel like she thinks this is her last & only option. I think this is illegal and wrong. What happens when doctors need to know the babies fathers medical history? My father in law ISN'T the biological father so will they lie & potentially hurt this child? also, hurt her emotionally when she finds out later in life? Help. I don't know what I am suppose to do. I feel like I should stay the ---- out of it but also feel like I need to step in because I don't want either to go to jail for a class D felony..

Kate - posted on 04/24/2010




I'm pretty sure that because the child is NOT his, and he had a paternity test done to prove such, he won't have to pay any more child support, especially since they weren't married. I highly doubt he'll be able to get any money back though. The court will probably say that he should have had a paternity test done before he began paying. As for the birth certificate, it would only be considered fraud if the mother knew that someone else was the father, but had your boyfriend sign anyway. Since the paternity test came back negative, she won't be able to argue that she was faithful. However, she'll probably say that she believed he was the father. And there's no way to prove otherwise. Good luck.

[deleted account]

As far as I know, your boyfriend needs to take her to court and most likely they will have him do another another paternity test to show he is not the father. Many states have fee waivers that your bf could fill out and submit so he won't have to pay the high court fees (or he may just have to pay a small portion or pay them back on a schedule instead of all at once - all states have different programs and you need to look into what your state family court provides in regards to that).

I'm not 100% sure what the court would do, but it never hurts to at least try.

*** PLEASE REMEMBER THOUGH - they may make him continue to pay since he's had an ongoing record of supporting the child and that is a possibility you two really need to prepare yourselves for ***

Lexus - posted on 04/24/2010




Unfortunately if he signed the birth certificate he is liable for the child support. When it comes down to flat out laws. Had he been married to her, he would not have needed to sign the birth certificate, and he would still have been responsible for the child support. Even if he knew from day one the baby was not his.

You have to bring the paternity test in front of a family court judge. They will decide if he should continue paying anything for any amount of time or not. All because of the signature.

I hope he does not have to pay any more money. I don't know if they will give anything back tho.

My well wishes go out to you and your family.

p.s. Each state is different, so find out what the outcomes can be. I spoke to my medical case worker about my sons father not signing the certificate, as I want nothing to do with him, and she went over the laws with me... That was in NY.

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