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DNA Paternity Fraud Case To U.S. Supreme Court
Men's News Daily ^ | May 31, 2002 | Jeffery Leving

Posted on 06/02/2002 2:09:08 AM PDT by RogerFGay

Father Takes DNA Paternity Fraud Case To U.S. Supreme Court


MND NEWSWIRE
CHICAGO, IL - Carnell A. Smith is a father who is forced by court order to pay child support for another man's child. This child is neither his biological nor adopted child. Smith has tried to get the lower courts to overturn the child support order, but they have refused.

Carnell Smith is now asking the U.S. Supreme Court to hear his DNA "paternity fraud" case. Nationally renowned fathers' rights attorney and advocate, Jeffery M. Leving of Chicago, has filed an appearance with the high court to represent Smith.

Although this court ruling sounds unusual, it isn't. There are countless men who find themselves in Smith's situation.

Partially as a result of the availability of DNA paternity testing, men are discovering in alarming numbers that children they believed were their biological offspring are not. It was reported that in 28 percent of paternity tests conducted in 1999, the man being tested was not the biological father. Nevertheless, many of these men continue to be liable for child support for other men's children or suffer the consequences of jail.

This can happen to married men because many states adhere to a 500-year-old English common-law doctrine that presumes a married man is the father of a child born of the marriage. Never-married men can find themselves in this precarious position through default paternity and child support judgments. Such a judgment can be court ordered without the alleged father's knowledge. For example, the alleged dad does not show up at court to contest the paternity action because he did not know about the court date. This can result when the alleged father is not personally served notice of the court date by a process server or law enforcement officer.

"The issue is crystal clear. Paternity fraud is just as reprehensible as any other kind of fraud from which Americans need protection. When we condone fraud in paternity DNA cases, we undermine our entire system of justice. It's time to correct this injustice," said Leving.

This is an issue with urgent national significance.

"Paternity fraud is the only crime where the victim is persecuted for the actions of the guilty party," said Smith. "My case is representative of many similar cases nationwide. A correct decision by the U.S. Supreme Court would offer justice and relief to many."

"My petition to the high court argues that the Georgia statute enables the Georgia courts to have the power to force biological fathers to pay child support, but this power does not extend to forcing a non-relative who did not adopt a child to pay," said Smith.

"Making men pay child support for children proven by DNA testing not to be theirs is not in the best interests of children and families. It can also deprive children of ever knowing their true biological fathers," said Leving.

Nationally, this issue has picked up great momentum. Ohio and, most recently, Georgia have passed legislation that allows men proven by DNA testing not to be the father of a child to be released from child support payments. Georgia passed paternity legislation with votes overwhelmingly in favor of releasing non-dads from being forced to pay child support. In Georgia, the legislation passed the House 163-0 and the Senate 45-5. California is currently considering similar legislation.

Leving believes that this U.S. Supreme Court case could bring relief to countless victims of paternity fraud in America and stop the needless suffering of children and families. Otherwise, the laws dealing with paternity and child support issues must be changed gradually state by state, which will be unnecessarily time-consuming and will prolong the injustice.


Contact:
Jeffery Leving, 312-807-3990, or
Jane Spies, 330-534-8948,
both for The Law Offices of Jeffery M. Leving, Ltd.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; Miscellaneous; News/Current Events; Philosophy; Politics/Elections
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To: Pure Country
So, let me get this straight. I can finger a guy as the father of my child, set up a court date, not tell him, he doesn't show up because he knows nothing about it, and he could end up supporting my kid until he's 18. No-Brainer!

Yes. And it's been proven many times over that, not only does he not have to be the actual father but it isn't even necessary that he's ever met the mother. If he's out of town when the notice comes, or it goes to the wrong address, or it's a different guy with the same name, or they got the name wrong, too bad.
21 posted on 06/02/2002 5:49:12 AM PDT by RogerFGay
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To: waterstraat
These tests are given because someone has "doubt". What's amazing is that even in the face of "doubt", which may well be fully justified by other factors, you have 72% are OK!

Think about it - bad actors show 72% faithfulness - for others the figure has to be even higher, approaching 100%, barring artificial insemination, good friends, etc.

22 posted on 06/02/2002 5:54:00 AM PDT by muawiyah
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To: csvset
To top it off, the story had some wench from some feminazi group that was saying ,(paraphrased) "It doesn't matter if he isn't the father, the needs of the child outweigh his concerns". Unbelievable !

Feminists deciding what's best for children is like teenagers deciding what goes best on pizza. One minute they're drooling over it, the next minute it's gone.
23 posted on 06/02/2002 5:56:10 AM PDT by RogerFGay
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To: winodog
What is really amazing is when they have two or three men tested and none of them is the dad.

The welfare system now demands that women "cooperate" in the effort to determine paternity as a condition for continued eligibility for beneifts. It's a known fact that many pick names and addresses randomly out of a phone book to meet the requirement. As soon as one doesn't respond or fails to do paperwork properly -- ping! He's dad.
24 posted on 06/02/2002 5:58:57 AM PDT by RogerFGay
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To: waterstraat
If all women were tested the numbers would be much lower. That rate is for those who willingly seek a DNA test because they believe their spouse has cheated. (winodog)

That is just a guess on your part. Who knows what the rate would be if all women were tested.

I think winodog could very well be right. Sorry I can't give you a source, but somewhere in the back of my mind I'm thinking less than half that for the total population. Don't quote me exactly because I can't even remember where I got that idea. Anyway, I suspect based on DNA tests being done in relation to welfare cases, the result would be higher than the general population. See my post above.
25 posted on 06/02/2002 6:04:24 AM PDT by RogerFGay
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To: Tom D.
What you describe you are doing in North Carolina is a dream world compared to the way it's done in other places, and by other people. People really do become designated fathers because they didn't get the paperwork in on time, or the child support agency sent notice to the wrong address (same name perhaps), or whatever. They biggest crime that is committed by the system is in not correcting an error after they've finished the paperwork designating a father and ordering child support.

He then shows up with the bill in his hand and says -- "I'm not the father and I can prove it." Too bad, they tell him. We have our procedures and dealing with this isn't in the handbook. I've lived in a socialist country for years, so you can take my word for it. People in the former Soviet Union wouldn't think this sort of behavior by the state was anything unusual; although they might be shocked to find it happening in the US.
26 posted on 06/02/2002 6:14:32 AM PDT by RogerFGay
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To: waterstraat
50% of married men cheat on their wives, ...

No.
27 posted on 06/02/2002 6:16:26 AM PDT by RogerFGay
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To: RogerFGay
Are you aware that 33% of "ALL" births in America are illegitimate?
28 posted on 06/02/2002 6:19:10 AM PDT by waterstraat
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To: RogerFGay
This can happen to married men because many states adhere to a 500-year-old English common-law doctrine that presumes a married man is the father of a child born of the marriage.

This made total sense in the age where there was literally no earthly way to conclusively determine paternity.

The importance of the family unit and the necessity to protect children demanded it. In spite of strange changes to our society's rules, that importance and necessity is needed more than ever.

Having said that, now that there is a means of unambiguosly determining the fraud and criminality involved, it is time to dump that well-intentioned 500-year-old law, and to stop rewarding fraud and crime.
Not only should the payments stop, but the female perpetrators should be forced to make restitution and/or do jail time.

It's a no-brainer, from my perspective.

29 posted on 06/02/2002 6:19:22 AM PDT by Publius6961
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To: Brytani
First, take the case of a married man who goes through a divorce, through his fault or not. After the divorce, sometimes years later, the "father" finds out he is not the biological father of his children.

Women file for divorce far more often than men, and quite often while children are quite young. I'm left wondering how much of a connection there is between their decision to divorce and what we're talking about. Most often, it's said, the husband is surprised and confused when she decides to leave him. Could it be on account of her big secret?
30 posted on 06/02/2002 6:20:23 AM PDT by RogerFGay
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To: Verginius Rufus
Bernard Goldberg in Bias gives some chilling examples of this kind of fraud. Gil Garcetti in L.A. has been particularly callous in handling cases like this--sometimes of men with no involvement whatever who just happen to have the same first name and last name as the man alleged to be the father. Garcetti is merciless in enforcing the 30-day rule: if the man accused doesn't fight it within 30 days he has to pay, even when he wasn't informed until after the 30 days had elapsed.

That's the name I couldn't remember -- Gil Garcetti. Can you believe he's not in jail? The press in California has been much, much better than average about reporting the problems, outrages, and fraud in the CS system. Their only fault (and this probably doesn't matter to most of their readers) is that they tend to talk about the system as if it's a local invention, and don't tie it to the national problem. Of course, it would be even better if the national moratorium on reporting on these things was completely lifted in other states.
31 posted on 06/02/2002 6:25:03 AM PDT by RogerFGay
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To: RogerFGay
No.

The Hite Report on Male Sexuality (1980), surveying 7,239 men, found 72% of men married two years or more had had sex outside of marriage. But wait, here's an oink of a surprise -- the increase for women having affairs has been even more significant.

The Kinsey Report (1948) sampled 6,000 women and showed that by age forty, 26% of the women had experienced extramarital sexual intercourse.

Morton Hunt's 1972 survey showed that 52% of divorced women had had an affair, many of which occurred during the last few years of the marriage.

Cosmopolitan magazine's 1980 survey of 106,000 readers (women between the ages of 18 and 34) reported that 50% had at least one extramarital experience. For those over age 35, it jumped to 69.2%.

Sociologist Lynn Atwater, author of The Extramarital Connection (1982), a book about women having extramarital affairs, reported, "it is among women, more so than men, that rates of extramarital participation are rising dramatically."

And Shere Hite's 1987 report of 4,500 women in Women and Love found that 70% of women married five years or more were having sex outside of their marriages.

32 posted on 06/02/2002 6:25:20 AM PDT by waterstraat
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To: Brytani
Most likely they will rule the needs of the child outweight the rights (and fairness under the law) of the duped "parent".

Because it's expedient and convenient?
I certainly hope not.

Injustice is injustice.

If the welfare of the child is so important, the woman should be forced to divulge the father's name.
Finally, what is the result when a known father is literally unable to provide financial support now?

The criminal (woman) should be subject to exactly the same penalties, should she be unwilling or unable to name the biological father.

33 posted on 06/02/2002 6:27:08 AM PDT by Publius6961
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To: waterstraat
Are you aware that 33% of "ALL" births in America are illegitimate?

No. I already said that I doubt it's that high. But anyway, if you know your biology or can do any math; that wouldn't show that 50% of men cheat on their wives in any case.
34 posted on 06/02/2002 6:28:02 AM PDT by RogerFGay
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To: waterstraat
Are you aware that 33% of "ALL" births in America are illegitimate?

As the percent of all births to unmarried black mothers more than tripled, from 21.6% to 69.8%, the percent of all births to unmarried White mothers increased more than 11 fold, from 2.3% to 25.7%.

http://christianparty.net/blacksillegitimacy.htm

35 posted on 06/02/2002 6:28:21 AM PDT by waterstraat
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To: Publius6961
This can happen to married men because many states adhere to a 500-year-old English common-law doctrine that presumes a married man is the father of a child born of the marriage.

This made total sense in the age where there was literally no earthly way to conclusively determine paternity.

The key here is understanding the difference between a "presumption" and no way out. I suppose even 500 years ago, if the woman admitted sleeping with someone else and confirmed she hadn't been with her husband in years, and the other guy accepted responsibility, they'd designate the other guy as the father. They "presumed" the husband was the father, but evidence weighed too heavily against the presumption.

Now with DNA testing, one can check to see if mamma's new husband, the guy she tells little Johnny to call "daddy" is actually the father of your child. And you can wonder how the new guy can be such a sleeze that he doesn't claim his own son. Well, the fact that he slept with and then stole your wife should probably be a hint.
36 posted on 06/02/2002 6:34:46 AM PDT by RogerFGay
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To: winodog
If all women were tested the numbers would be much lower.

Not much lower. There is a famous study that was done in the 1920's or 1930's (if I find the link I'll post it) by some doctor who was studying the inheritability of disease. He acquired a fairly large random sample of blood tests from couples and their children. He went on to publish his study, but never mentioned something that was found in his notes years later, after he had died... that in 20% of the cases, the fathers were not related to the children. He thought it the better part of valor to simply exclude such families from his study, and not say anything. Remember, this was using blood tests, which have a much higher rate of false positives than DNA tests do.

There is nothing new here... cuckoldry is as old as humanity.

37 posted on 06/02/2002 6:35:09 AM PDT by Nick Danger
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To: waterstraat
Are you aware that 33% of "ALL" births in America are illegitimate?

Yes, 1/3 of ALL!!!! american births are now illegitimate !!!

1/3 of ALL americans are B*******.

1/3 of all american babies do not have married parents.

Is this clear now?

Where have you been?

http://cloud9.norc.uchicago.edu/dlib/sc-42.htm

Moveover, during the last generation, childbearing increasingly became disconnected from marriage. In 1960 only 5.3% of births were to unmarried mothers while by 1996 over 32% of all births were outside of marriage (Table 4).3

The Emerging 21st Century American Family Tom W. Smith National Opinion Research Center University of Chicago RELEASE DATE: NOVEMBER 24, 1999 GSS Social Change Report No. 42

Are you still under the illusion that all women are sugar and spice?

The good news, is that we have had "zero population growth for the past 30 years(less traffic, less taxes, cheaper home prices, full employment, employers begging for workers, high school and college graduates hunted down hungry companies wanting replacement employees, etc)

The bad news, is that with record immigration, american born workers cannot find jobs, and our population instead of being about 220 million, it is now well over 285 million .

http://cloud9.norc.uchicago.edu/dlib/sc-42.htm

Along with the decline of marriage has come a decline in childbearing. The fertility rate peaked at 3.65 children per woman at the height of the Baby Boom in 1957 and then declined rapidly to a rate of 1.75 children in 1975. This is below the "replacement level" of about 2.11 children that is needed for a population to hold its own through natural increase. The rate then slowly gained ground to 2.0-2.1 children in the early 1990s. The results of the changes in the fertility rate are shown in Table 3.

38 posted on 06/02/2002 6:41:18 AM PDT by waterstraat
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To: RogerFGay
Excellent post. I hope that the Supreme Court moves to correct this horrible injustice.

My only comment is that this is only one of many anti-male, anti-father injustices in the dung heap of a legal system in the US.

In order to pander to feminazis, I would point out an example in NY. As one of his first acts in office, RINO Governor George Pataki signed a law making males totally without rights in any area of the restraining order process.

To give an example, I have a friend who is a distinguished NY City detective who cannot visit his children, even though it is court ordered. The lawyer ex-wife has a completely bogus Order of Protection, based on no evidence whatsoever. The detective knows full well that if he ever tries to pick up his young children at curbside, even if he brings a witness, the ex-wife has only to make an unsubstantiated allegation and he is automatically arrested under the Pataki/Democrat law no questions asked. He knows this because he himself has had to enforce this horrifcally unjust law, knowing full well that the men he arrested were innocent.

39 posted on 06/02/2002 6:52:28 AM PDT by friendly
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To: RogerFGay
Are you aware that 33% of "ALL" births in America are illegitimate? No. I already said that I doubt it's that high. But anyway, if you know your biology or can do any math; that wouldn't show that 50% of men cheat on their wives in any case.

If you have doubts about todays illegitimacy rate, then you do not believe EVERY study and EVERY official statistic about todays childbirths.

http://www.unmarried.org/statistics.html

33% of all births are to unmarried women. - National Center for Health Statistics, 1999 data (report released 2001)

Things have changed since women now wear the pants, can now smoke cigarettes, drink men under the table, and train to be marines.

http://www.columbia.edu/cu/augustine/arch/usadecline.html

http://www.columbia.edu/cu/augustine/arch/usadecline.html#table

40 posted on 06/02/2002 6:53:19 AM PDT by waterstraat
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