What is Paternity Fraud?
Paternity becomes an issue when child support is before the court. When a child is born to unmarried parents, paternity needs to be established before child support can be ordered. While a father can acknowledge paternity, there are some instances where a women intentionally claims that a man is the father of her child, even when that is not true. This is known as paternity fraud.
The long-lasting effects of paternity fraud
Through the use of paternity tests, many would-be fathers are learning that the children they have provided financial support are not actually their biological children. This can be devastating to many people, including the non-biological father, the biological father, the families of both men, and obviously the children.
Remedies for paternity fraud
Seeking relief from a child support order, after discovering that you are not the biological father, may not be as easy you think. Indeed, it’s not as simple as submitting DNA test results to the court to get the child support order rescinded. There may be complications depending on whether the deadline for contesting paternity has passed. In fact, in some states, a DNA test is not sufficient to vacate a paternity order, without further evidence or documentation. Because the best interest of the child is the top priority for the court, it may be determined that the child should continue to receive support payments.
Be careful signing an acknowledgement of paternity
The best thing you can do to avoid being a victim of paternity fraud is to be sure before you sign anything. Someone who is looking to commit paternity fraud will be hoping that your sense of responsibility will override any hesitation you might have. Nevertheless, the smartest thing to do is request a DNA test to confirm paternity before you sign an acknowledgement of paternity. Most acknowledgements include a waiver of the right to DNA testing.
If you have questions regarding paternity, or any other family law matter, contact us online or by calling Brad J. Latta at (205) 401-1309.