Paternity Fraud: Understanding the Issue in its Complexity

When a child support proceeding begins, the judge usually asks the single parent, who has filed for child support, whether or not paternity for the child has been established. If the birth certificate has been signed by the father it could be regarded as ample proof of recognition of paternity. However, if paternity seems to be questionable a paternity test may be ordered by the judge. If a different biological father is revealed after the results of the paternity test then a paternity fraud lawsuit can be filed against the mother.

What is a Judicial Paternity Order?

A judicial paternity order is issued in front of a commissioner or judge because of court action. Parents may represent themselves in court or hire an attorney. Court documents are provided to both parents and they are allowed the chance to provide more information to the court. The order is issued once all issues are brought to light. The court order legally seeks to establish paternity and allocate child support. A judicial paternity order can be obtained from District Courts and Juvenile Courts. This order allows the name of the father to be added onto the birth certificate.

What is Paternity Fraud?

Paternity fraud occurs when a man is identified by a mother as her child's biological father even though she is aware that he has no biological link to the child. Additionally, a paternity fraud lawsuit can also be filed against a mother if she presumes one man to be the father of her child but suspects that her child does not actually belong to him.

Paternity Fraud and Child Support

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.

Why Does the Court Order Future Child Support?

Even if a man is not the biological father of the child for whom he had been paying child support 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.

What are the options available for fathers in such scenarios?

If a man realizes that they are a victim of paternity fraud, they should try to seek action against the child's mother in a civil court, in order to collect back the funds paid in child support. Generally this option does not have a very high success rate as paternity fraud is hard to prove. The father in this case would have to prove that the mother’s motives were in fact fraudulent and overturn her retaliating claim that she actually believed him to be the biological father.

Additional Tips

DNA paternity testing should be sought out immediately by any man who suspects that paternity fraud has been committed against him by his wife or another woman. Additionally, a court is allowed to determine the consequences and dispense justice for the mother who has committed paternity fraud.

For more information regarding child support, parents should refer to the particular child support guidelines within the state they belong to. Most importantly, speaking with a qualified attorney is imperative as it is the attorney who aids in navigating a child support case.