[No Longer Free State]

Well, Just DAMN!!! The Missouri statute of limitations on Fraud charges for lying about the father of a woman's child is ONE YEAR.

Furthermore, we don't know how many times this has happened because they keep such procedings secret.

A caller to local talk radio compared this ruling to not letting a convicted murderer out after finding DNA evidence he's innocent because, "well, we've nailed someone to pay for the crime, so he has to stay."

[No Longer Free State]

ping

[k2blader]

Blame the folks who sleep around with people they aren't committed to and bring this kind of trouble first on their own children, then on themselves.

[gondramB]

Yep.

"In most states, a reputed father has a short time to contest court findings that he is a parent. That period is one year in Missouri and Kansas.

After one year, a reputed father must prove “extrinsic” fraud to get relief. That is impossible to do in most cases, lawyers said. "

It sounds like the law needs to be changed state by state.

[paradoxical]

This is WRONG!

[BeHoldAPaleHorse]

"Like Carter, many men do not attend initial paternity hearings and do not get DNA tests or blood tests."

In other words, they do not contest paternity. 13 years is a wee bit late to start doing so.

[DoctorZIn]

This is common...

Nothing new here.

[Aetius]

What if the man incorrectly named as the father is not aware (for whatever reason) of his being named as such until after the initial time limit runs out? Must the guy be made aware of a claim of paternity, or can a woman name just about anyone?

[misterrob]

Scott Holste, a spokesman for Missouri Attorney General Jay Nixon, said the state must act to continue collecting the money. Carter did not use his rights and lost out because of it, Holste said. “The state’s concern is that children be taken care of financially.” Sad times in America when the state needs to find a patsy to pay the tab for some hoe's behavior.

[sourcery]

Can you say "Fifth Ammendment Violation?" I knew you could.

[BenLurkin]

Extrinsic fraud requires something beyond just lying about the facts, Missouri courts have said. So if a woman names the wrong father, that statement generally is considered another type of fraud with only a one-year statute of limitations.

Lying isn't fraud?

[clee1]

This is a travesty; one that will one day come back to haunt the "system".

I tell you this much: Hell would freeze over before I paid another cent for support of a child that wasn't mine, and I give less than a damn what some so-called "judge" has to say about it.

[Tax-chick]

If you don't have sex with a woman, it's awfully hard for her to claim you're the father of her child/ren.

This kind of thing should put some ice on men who spread it around.

And yes, I think it's terribly unjust to the non-father. The law should be changed, AND men should see this as a very strong reason to turn their brains on.

[microgood]

Roberts said fathers who do not attend paternity hearings and wait too long to act should have to pay for the good of the child. That is partly because states have statutes of limitations — five years in Missouri — in which to establish paternity, she said.

That is one extremely sick sense of justice. Justice should be exacted when the truth is found out, not at the convenience of a court or a judge.

[King Prout]

just DAMN!

[ASOC]

"He also wanted to get back about $8,700 in support he had paid"

$8700/13=$669.23 per year. What is this guy paying for, shoes and t-shirts for school.

I suspect 'mom' gets more than that each month from Uncle Sugar. (Please note I said suspect)

[Publius6961]

It also exposes what experts say is a national problem that pits fairness injustice to men against what is considered best for children.

There. I fixed it.
I can never accept substituting expediency and bureaucratic convenience for justice. But that's just me.

[muawiyah]

Maybe "fraud" isn't the route to follow. After all, the mother may well have not ever told the man it was his kid.

Best bet for the security of children however is to make 'em pay anyway. After all, a guy who thinks he might be the father has some reason for thinking that, eh?!

[ATOMIC_PUNK]

This Happens in Ohio all the time

Get Accused
Get Abused
Get your DNA
find out your not the guy
Still you Pay !

And guys are still paying and it's not there kid !

[heleny]

Leving is preparing legislation in Missouri and Illinois that would require a DNA test before any paternity finding. No state has done that yet, although several have passed laws that allow a man to challenge the findings at any time if DNA tests prove he is not a father.

That seems like a good idea. I would guess some fathers do not get a paternity test (within the requisite time frame) for fear being perceived as not wanting the child. Or, a mother needs only deceive her ex-husband long enough to pass the 1 year time limit. So, the fathers would not have emotional qualms if they were all required to have their DNA compared.

[layman]

It is frightening what is happening to our society. There is a radio commercial running where I live. It is a mail-in DNA test where you swab the child's mouth and then your own ... mail it to the advertiser ... and they will tell you if the child is yours. It is telling that a company is willing to buy advertising time for this product ... obviously they believe there is a market. This is a sad commentary on where we are as a society. I don't need a DNA test to know that my four children are my own.