Make Paternity Fraud a Felony

WE, THE UNDERSIGNED CITIZENS OF THE UNITED STATES DO HEREBY DEMAND AND PETITION THE UNITED STATES CONGRESS AND SENATE MEMBERS REGARDING THE FOLLOWING

PATERNITY FRAUD is the illegal act committed by a woman purposefully naming an innocent man as the father of a child, when knowingly he is not, strictly for financial gain.

This act is considered a crime in only a few states. Most states have 100 plus year old laws stating that whomever the woman is married to (or claim as her significant other, now-a-days) is responsible for support payments of children produced while they are together with no regard for possible affairs.

This is an under reported crime that too often goes unpunished. Many women, on welfare or not, name a working man as the father of her children because the actual father is unemployed, incarcerated or unwilling to provide support. Thus, many pay orders are blindly signed to stop the threat of incarceration coming from the enforcement agents. Men pay under the table for children that aren't theirs on a promise from the mother that if he pays, she won't drag him into court. The state, with or without test results, has no sympathy once papers are signed. For whatever reasons (already paying for several other children or there was adultery involved) the targeted man pays in order to keep his anonymity or to avoid jail. Many times the money going towards the bogus allegations is taking away funds that should be allotted for his legitimate children. Everybody suffers from the lies.

Not only is this a morality problem, but also this practice can produce medical problems for the children by not having the proper medical history on file. Major financial burdens fall upon the shoulders of an unsuspecting significant other. And those burdens are life long.

It takes upwards of $100,000 to raise a child in middle class society to age 18. If there are arrears in payments, demands are made upon the payer to bring current by forfeiting tax refunds or by having continued garnishments for dozens of years past the child adulthood. Liens can be placed on homes and professional licenses can be revoked.

FORGERY, EXTORTION AND FRAUD ARE CRIMES AND THEY NEED TO BE ADDRESSED AS SO.
Please consider the following items as proposals to be introduced by house bill to lessen the widespread injustices being seen in civil and criminal courts.

a) REMOVING THE STATUE OF LIMITATIONS on anyone questioning paternity of a child (in writing) they are financially supporting. Weather they were paying by court order or if they can provide proof of payment otherwise. If new evidence presents itself that possible fraud was committed in arranging support payments, a system needs to be established in all states that will automatically provide DNA testing orders to be filed, free of charge with the county court of residence of the petitioner. Evidence may not present itself until after the child reaches adulthood but should be considered for order reversals. Not just with arrears that may still be due but with reimbursements as the monies were taken by theft due to fraud and were on going.
b) IMMEDIATE REVERSAL OF SUPPORT ORDERS once test results prove negative. This reversal is to include the expunging of misleading and falsely produced documentation such as birth certificates naming the wrong person and support orders. Also, all funds should be reimbursed by whichever entity collected said funds, retro to the first day of collection, plus 5\% interest.
c) IMMEDIATE INVESTIGATION INTO THE TRUE PATERNITY OF THE CHILD INVOLVED. Either the mother names the true father or face incarceration and fines. The wrongly accused payer should have the opportunity to sue the true father as well and the mother for reimbursement of all funds taken. Pain and suffering pay should also be included.
d) OPTION OF FILING CRIMINAL CHARGES OF FRAUD AND EXTORTION. If test results prove the complainant had been duped of property and cash due to the fraudulent statements of the mother, the option of filing criminal charges against the perpetrator should be handled immediately upon attendance of the mother to the civil proceedings. This should include the charge of perjury during the initial proceedings where lies were first told to obtain the support orders. She should be served and/or arrested on the spot.
e) CHILD SUPPORT ENFORCEMENT AGENTS THAT OBTAIN SIGNATURES OF PAYERS BY THREAT should have their licenses suspended pending investigation. If coercion or duress is proven, they should be charged with criminal conspiracy to commit fraud.
f) GOVERNMENT PROVIDED HOTLINE with free legal advice to a complainant. And establish a national fund to help pay for DNA testing in these cases so the falsely accused payer would not be burdened with additional fees to prove his case. Provide a listing for every state where family law attorneys will work on a sliding scale fee that is based on the payer income level. And open a family law night court schedule in all states to provide justice for all involved and not interfere with employment scheduling.
g) THOSE PROVEN GUILTY should have their stories featured in a monthly newsletter or web site where other possible victims can have an opportunity to make similar complaints and have testing done. But mainly to show that this is a crime and crime should not supply monthly checks to perpetrators.

THE POINT OF THIS PETITION IS TO MAKE PETERNITY FRAUD A CRIME THAT IS PUNISHABLE BY LAW AND IS TO INCLUDE JAIL TIME AS WELL AS HEAVY FINES IN ALL 50 STATES. There should be long-term repercussions for setting up a life long scam of this nature.

We request your bringing this matter before our state and federal governments forthwith. We are advocates for fairness and wish you to be our voice by changing the current child support laws across this country so criminals using the system for illegal financial gain may be exposed, caught and punished.