Okay, he met this woman on the net, met her had a one night stand and then she's preggers. If she met your husband for sex, chances are he wasnt the first and and he isnt the last!
I know it is a lot to read, but it will do you some good and you will know more of where you stand!! I have included extra links at the bottom so you can read at your onw pace and maybe find something that I didnt cover.
But having said that, here some things that you have to understand.http://www.nolo.com/ - Paternity Issues and Child Support
Paternity must usually be established before child support can be collected.
The question "Who is the father?" is not as simple a question as you might think. There are important legal distinctions between different situations relating to paternity.
When Paternity Is Agreed On or Presumed
Acknowledged father. An acknowledged father is a biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support.
Presumed father. If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:
The man was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated.
The man attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage."
The man married the mother after the birth and agreed either to have his name on the birth certificate or to support the child.
The man welcomed the child into his home and openly held the child out as his own.In some states, any of these presumptions of paternity is considered conclusive, which means it cannot be disproven, even with contradictory blood tests. In Michael H. v. Gerald D., 491 U.S. 110 (1989), the U.S. Supreme Court upheld California's presumed father statute as a rational method of protecting the integrity of the family against challenges based on the due process rights of the father and the child.
Paternity Issues and Child Support
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A presumed father must pay child support.
Equitable parent. In Michigan (Atkinson v. Atkinson, 408 N.W.2d 516 (1987)) and Wisconsin (In re Paternity of D.L.H., 419 N.W.2d 283 (1987)), a spouse who is not a legal parent (biological or adoptive) may be granted custody or visitation under the notion of equitable parent. Courts apply this concept when a spouse and child have a close relationship and consider themselves parent and child or where the biological parent encouraged this relationship. If the court grants an equitable parent custody or visitation, then the parent will also be required to pay child support.
Alleged father. An unmarried man who impregnates a woman is often referred to as an alleged father, or sometimes simply as an unwed father. An alleged or unwed father will be required to pay child support if a court determines or he acknowledges that he's the father; in addition, an alleged or unwed father has the right to visitation with his child and may seek custody.
Stepfather. A stepfather is the spouse of a legal mother and is not also the biological father of the woman's children. A stepfather is not obligated to support the children of the woman to whom he is married unless he legally adopts the children.
Paternity Actions
A paternity action, a court suit filed to have a man declared the father of a child, can be brought by either the mother or the father. Paternity actions are sometimes called establishment hearings, filiation hearings, or parentage actions.
Most paternity actions are initiated by welfare officials who provide TANF (Temporary Aid to Needy Families) to the mother and are required by law to seek reimbursement from the father. The mother must cooperate in these proceedings; failure to do so can result in a reduction or loss of her TANF grant. Paternity Issues and Child Support
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Today, blood and DNA tests can affirmatively determine paternity with a 99.99% accuracy and can rule out paternity with 100% accuracy.
If paternity is established following a paternity action, the court will order the father to pay child support and grant him custody or visitation rights.
Is a father who never married the mother still required to pay child support?
The short answer to this question is yes. When a mother is not married, however, there can sometimes be confusion about who the child's legal father is for purposes of support. An "acknowledged father" is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. Acknowledged fathers are required to pay child support. Additionally, a man who never married the child's mother may be presumed to be the father if he welcomes the child into his home and openly holds the child out as his own. For more information, see Paternity Issues and Child Support.
Here something about your taxes and the 800 p/month he pays in support - Child Support and Taxes
What you need to know about your taxes if you pay or receive child support.
For federal income tax purposes, child support is tax-free to the recipient, meaning neither the ex-spouse nor the child owes taxes on it. However, child support payments are not tax-deductible by the parent who makes the payments -- unlike spousal support payments. (Spousal support is tax-deductible for the person who makes the payments and taxable to the recipient.)
Be careful how support is characterized in your marital settlement agreement, as it may have significant tax consequences.
What Qualifies as Child Support?
In order to qualify as child support, the payments received by an ex-spouse must be designated as child support in the divorce or separation agreement. If the agreement lumps the payments together as "family support" or "alimony," or doesn’t otherwise designate a specific portion of each payment as child support, none of the payment will be considered child support for tax purposes.
This can have adverse tax consequences for the recipient of child support payments, because family support or alimony is taxable to the recipient. So instead of receiving nontaxable child support, the ex-spouse will be receiving alimony, which is taxable to the payee, regardless of what the payee actually uses the money for.
Who Gets to Claim a Child as a Dependent?
Generally, in order for someone to claim a child as a dependent, he or she must provide at least 50% of the child’s support during the tax year. For couples who are still married and living together, claiming kids as dependents is usually a slam-dunk.
Things get complicated, however, when parents divorce or separate. Now, only one of you can claim the dependent exemption. (The IRS will come down hard if both of you try to claim it; they cross-reference dependents' Social Security numbers to make sure taxpayers aren’t doing this.)
Child Support and Taxes
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Special Rule for Parents Living Apart
If the parents lived apart at all times during the last six months of the calendar year, or if they have a written divorce decree, maintenance agreement, or separation agreement, there is a special rule that applies.
In this case, if the child received more than half of his or her total support for the year from one or both parents and was in the custody of one or both parents during the year, the IRS rules assume that the custodial parent (defined as the parent who has custody of the child for the greater part of the year) should get the exemption for the dependent. However, the parties may change this presumption and allocate the exemption to the noncustodial parent if either of the following are true:
The divorce decree or separation agreement contains a provision in which the custodial parent waives the right to claim the dependent exemption. (The rules are slightly different if the agreement was entered into prior to 1985; the noncustodial parent must also provide at least $600 of support to receive the exemption.)
The custodial parent signs a declaration (using IRS Form 8332) relinquishing his or her right to claim the dependent exemption, and the noncustodial parent attaches this declaration to his or her tax return. Using this form, the custodial parent can relinquish the exemption for one year, a number of years, or forever, depending on what the parties agree to.
If you relinquish the exemption, you are also relinquishing eligibility for the child tax credit.
The IRS is very picky about Form 8332, and can (and often does) disallow the dependent exemption for the noncustodial parent if this form isn’t signed and attached to the tax return, even if the divorce decree or separation agreement allocates the exemption to the noncustodial parent. That means it’s very important for the noncustodial parent to attach a copy of this declaration to his or her return in every tax year in which he or she claims the exemption.
Child Support and Taxes
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Should I let my ex pay more alimony and less child support for tax reasons?
If the custodial parent refuses to sign Form 8332, the noncustodial parent can attach part of the divorce decree or separation agreement (the cover page, the page that discusses the exemption and the signature page) to his or her tax return to prove that he or she is entitled to the exemption. However, the IRS will accept this only if the decree or agreement doesn’t require that certain conditions be met before the noncustodial parent can claim the exemption. If there are conditions, the noncustodial parent must use Form 8332 or not get the exemption.
Rule for Unmarried Parents or Those Still Living Together
If the parents are not married, did not live apart during the last six months of the calendar year, or do not have a written document, the test for determining which parent can claim the child as a dependent is that the parent who provides more than 50% of a child’s support during the tax year can claim the child as a dependent.
Rules for Parents Who Contribute Equal Amounts of Support
If neither parent provides more than half of the child’s support for the year, things get even more complicated. For more information on how to handle this situation, see IRS Publication 504, Divorced or Separated Individuals, which you can download for free from www.irs.gov.
Some other interesting facts - Establishing and Calculating Child Support FAQ
Determine how much child support a noncustodial parent must pay.
» How do custody arrangements affect child support obligations?
How do courts calculate child support?
Will the court consider high living expenses such as loan payments and income taxes when determining one's ability to pay child support?
Can the court base its child support order on what I am able to earn, as opposed to what I'm actually earning?
I think our existing child support order is unfair. How can I change it?
What is a cost of living adjustment (COLA) clause?
How do custody arrangements affect child support obligations?
When one parent is awarded sole legal or physical custody in a divorce, the other parent typically is required to fulfill his or her child support obligation by making payments to the custodial parent. (The custodial parent meets this support obligation through the custody itself.) When parents are awarded joint physical custody in a divorce, their support obligations are based on how much money each parent earns and the percentage of time the child spends with each parent.
Establishing and Calculating Child Support FAQ
Determine how much child support a noncustodial parent must pay.
How do custody arrangements affect child support obligations?
» How do courts calculate child support?
Will the court consider high living expenses such as loan payments and income taxes when determining one's ability to pay child support?
Can the court base its child support order on what I am able to earn, as opposed to what I'm actually earning?
I think our existing child support order is unfair. How can I change it?
What is a cost of living adjustment (COLA) clause?
How do courts calculate child support?
According to the federal Child Support Enforcement Act, each state has developed guidelines to calculate a range of child support to be paid, based on the parents' respective incomes and expenses. These guidelines vary considerably from state to state, which means that in virtually identical situations the child support ordered in one state may be far more or less than that ordered in another state. Some states allow their judges considerable leeway in setting the actual amount, as long as the general state guidelines are followed. Others have very strict guidelines that leave the judges very little leeway.
Regardless of how much latitude judges are given, the guidelines in effect in most states specify factors that must be considered in determining who pays how much child support. These factors usually include:
the needs of the child -- including health insurance, education, day care, and special needs
the income and needs of the custodial parent
the paying parent's ability to pay, and
the child's standard of living before divorce or separation.
Courts often require each divorcing spouse to fill out a financial statement to provide a complete picture of the parents' financial situations before making a decision on child support. In the financial statement, the spouse must detail his or her monthly income and expenses.
When a court sets child support, it often considers the family's pre-divorce standard of living and attempts to continue this standard for the children, if feasible. However, courts are aware of the difficulty of maintaining two households on the income that formerly supported one home. Maintenance of the same standard of living is therefore more of a goal than a guarantee.
Establishing and Calculating Child Support FAQ
Determine how much child support a noncustodial parent must pay.
How do custody arrangements affect child support obligations?
How do courts calculate child support?
» Will the court consider high living expenses such as loan payments and income taxes when determining one's ability to pay child support?
Can the court base its child support order on what I am able to earn, as opposed to what I'm actually earning?
I think our existing child support order is unfair. How can I change it?
What is a cost of living adjustment (COLA) clause?
Will the court consider high living expenses such as loan payments and income taxes when determining one's ability to pay child support?
A court looks at the payer's gross income from all sources, less any mandatory deductions (income taxes, Social Security, health care, and mandatory union dues). The result is the payer's net income.
In most states, deductions for credit union payments, wage attachments, and so on are not subtracted when calculating net income. For example, John may make $2,000 per month, and his net income is $1,500 after income tax, Social Security, unemployment insurance benefits, and other government deductions. But the fact that $300 more is withheld to pay a credit union loan does not further reduce his net income for the court's purposes. The reason for this rule is that the law considers support payments a higher priority than other types of debts.
In some states the court may take into account the reasonable expenses incurred by the paying spouse for his or her own basic necessities of life (such as rent or mortgage, food, clothing, and health care). However, courts typically do not allow expenses such as school expenses, dining out, and entertainment to influence their support determination. The theory is that family support should come before these types of personal expenses. And, in a growing number of states, the expenses of the paying spouse are irrelevant.
If you are already paying child support for children from another marriage, some states allow you to deduct the amount of child support you pay for other children from your net income figure. If you are asked to complete a financial statement, be sure to include this expense.
Can the court base its child support order on what I am able to earn, as opposed to what I'm actually earning?
In most states, the judge can examine a parent's ability to earn as well as what the parent is actually earning. The judge may order higher child support if there is a discrepancy. Actual earnings are an important factor in determining a person's ability to earn, but they are not conclusive where there is evidence that a person could earn more, if he or she chose to do so.
For example, assume a parent with an obligation to pay child support does one of the following:
leaves a current job and enrolls in medical or law school
takes a job with lower pay but good potential for higher pay in the future, or
takes a lower-paying job that provides better job satisfaction.
In each of these situations, a court may base the child support award on the income from the original job (ability to earn) rather than on the new income level (ability to pay). The basis for this decision would be that the children's current needs take priority over the parent's career plans and desires.
On the other hand, several courts have ruled that a parent's imprisonment entitles the parent to a reduction or suspension of child support where there is no showing that the imprisonment resulted from an attempt to avoid paying the support. What is a cost of living adjustment (COLA) clause?
A COLA clause in a child support order means that payments are to increase annually at a rate equal to the annual cost of living increase, as determined by an economic indicator (such as the Consumer Price Index). Some judges include COLAs in their orders when setting child support. This eliminates the need for any modification requests based solely on cost of living increases
But here some thing you and your husband need to know!!!
http://www.expertlaw.com/library/family_law/paternity.html
Establishing and Contesting Paternity
By Aaron Larson
Law Offices of Aaron Larson
August, 2003
Contested Paternity Actions
Non-Contested Paternity Actions
Establishing Paternity Where the Father is Deceased
It is not uncommon for lawyers to be called by men who have been served with notice that they are the subjects of paternity actions. It is also not at all unusual for men to contact lawyers to inquire how they can establish the right to parenting time (visitation) with their children, born out of wedlock. At times, it will be necessary to establish paternity for other reasons, such as obtaining government benefits upon the death of the child's father.
Contested Paternity Actions
Contested paternity actions arise either as private actions, or are brought by the state. A private action for paternity is usually meant primarily to secure child support payments from the father, or parenting time with the child. The state will usually commence a paternity action through a prosecutor's office where the mother applies for state assistance, so the state may btain full or partial reimbursement of any grant of aid from the child's father. A person tentatively identified as the child's father in paternity litigation is referred to as the "putatitive father" pending the resolution of the case. ("Putative" is a fancy term meaning "generally regarded as".)
Where a paternity action names the putative father as a defendant, the putative father has the choice of either consenting to the entry of a paternity judgment, or of contesting the action - asserting either that he is not the father, or requesting that DNA tests be performed to confirm his paternity. Paternity testing is now usually performed through a DNA test based upon a cheek swab, and it is not ordinarily necessary to draw a blood sample. If the putative father disagrees with the result of a court-ordered paternity test, he has the right to seek and introduce an independent paternity test.
Where a paternity action names the mother as defendant, she faces the same essential choices as the father. She may either consent to having the putative father named as the child's legal father, or may request paternity testing to confirm that he is the father.
In the most unusual paternity litigation in which I have been involved, two men brought a combined paternity action against the mother of a child. Following DNA testing, it was established that neither man was the child's biolotical father.
Non-Contested Paternity Actions
Some men are confident that they are the biological father of the child, or wish to maintain a legal relationship with the child whether or not they are the father, and thus either initiate paternity actions or consent to the entry of a paternity order. Ordinarily, once such an order is entered, it entitles the father to parenting time (visitation) with the child, and creates a legal duty for the father to provide child support.
Please note the following: When you consent to the entry of a paternity order, you consent for life. Most jurisdictions will not allow you to escape the consequences of that order, including the requirement that you pay child support, even if you can later prove that you are not the child's biological father. If there is any chance that you will resent the child, or wish to break off your relationship to the child, if you ultimately learn that you are not the child's biological father, by all means obtain a DNA test before admitting that you are the child's father. Some studies suggest a non-paternity rate for children born inside marriage of twenty percent or more. Outside of marriage, you have even fewer assurances. If you consent to being named as the child's father, be sure that you are willing to live up to that designation no matter what you may later learn.
Establishing Paternity Where the Father is Deceased
In the event that a child is born out of wedlock, and the father is not identified on the child's birth certificate, by court order, or through a legally binding acknowledgement of paternity, it may be necessary to establish paternity following the death of the father. Even if the father supported the child in life, and had a relationship with the child, a government agency may require actual proof of parentage before extending survivor's benefits to the child. Similarly, if there is no provision for the child in the father's will, it may be necessary to establish paternity in order to obtain a share of the father's estate for the child as a "pretermitted" heir (an heir accidentally excluded from a will, often because the heir was born after the will was drafted).
In some cases, there will be access to the father's DNA, perhaps from a preserved tissue sample. Where the father's DNA is not available, it may be possible to compare the child's DNA to other close relatives of the father, such as the child's grandparents or the father's other children. DNA testing of close relatives can establish paternity with a high degree of probability, and will probably satisfy the needs of any court or government agency.
http://www.childsupport.com/links/
http://www.paternity.us American Paternity Testing Center offers reliable home DNA paternity testing for our stare-of-the-art DNA testing laboratory. Reveice your paternity test results in only 5 days.
Paternity Information Page http://www.peak.org/~jedwards/paternity.html
Everything fathers need to know and what the government fails to tell you!
The Paternity Information Page was created to present paternity information for fathers from a fathers point of view. Since "PATERNITY" is the state of being a father, fatherhood, and male parentage, a frank and revealing presentation of paternity information by and for fathers is made. Currently paternity is strongly linked to child support; therefore, child support and its link to paternity is discussed. Concerning child support enforcement agencies: keep in mind that the main purpose for creating these agencies was and is to recoup the money (AFDC, food stamps) given to a single parent family with your child or children. In almost every case, the non-applicant parent - the father - was never asked if he would want custody of his child(ren) so they would not have to be on public assistance at tax payer expense.
"Paternity establishment is a prerequisite for obtaining a child support order." [2000 Green Book, SECTION 8. CHILD SUPPORT ENFORCEMENT PROGRAM, Establishing Paternity]
Please note that the word "paternity" is gender biased. If this was replaced by a word that referred to the color of someone's skin, or religious background it would be recognized as "discriminatory" and unacceptable. We strongly encourage replacement of the term "paternity" with the non-gender biased term of "PARENTAGE".
If you are an agency worker or policy maker and would like assistance or input on paternity issues, web pages, or policies, we are offering our help. Please feel free to contact jedwards@peak.org.
PATERNITY IN THE NEWS
Duped dad's right to sue is upheld. He can seek $110,000 from biological father.
Oregon passes paternity legislation. Senate Bill 234 becomes effective January 1, 2006. Modifies provisions relating to putative fathers in adoption, juvenile court and other court proceedings. Modifies provisions relating to establishment of paternity.
Oregon Court: DNA Paternity Test Doesn't Violate Protections. See the decision, A122897 Department of Justice v. Spring, 8/31/05.
Paternity: Innocence Is Now a Defense.
Landmark Navarro opinion - California (PDF).
Ohio Law that lets men who can disprove paternity with DNA test end child support. "It's time the law stopped rewarding women who lie." See the legislation that made it happen
Go to Maryland Court of Appeals Opinions 2000 and then scroll down to the case of LANGSTON v. RIFFE (2000-06-28 Langston v. Riffe 117/99). It actuall involves three cases: Riffe, Locklear and Tyrone W.
Here's the synopsis of the case: Langston v. Riffe (Maryland Court of Appeals, June 28, 2000): In a decision bound to have an impact on other states, Maryland's highest court held that a man who finds out many years after the divorce that he is not the biological father of the child of the marriage can be relieved of his child support obligation. "We hold, given the legislative history behind Chapter 248, that the Legislature intended for blood or genetic tests to be made available, upon a motion, to any putative father seeking to challenge a paternity declaration previously entered against him in which such blood or genetic test evidence was not introduced. Moreover, an examination of the best interests of the child has no place in that determination." Long opinion, but well worth reading.
Hennepin County, Minnesota, asks you to sign away your right to have an attorney represent you, the right to genetic tests, and the right to a court hearing in the establishment of paternity.
National Radio Show Host Tom Leykis talks about Paternity.
Wall Street Journal: Courts Favor Ancient Paternity Rule over DNA Tests
New Mexico man sues ex-girlfriend for getting pregnant
One hour program on INVOLUNTARY FATHERHOOD on the Talk of the Nation program on National Public Radio. Go directly to the RealAudio program INVOLUNTARY FATHERHOOD
Adopted boy's dad awarded $7.8 million, 7-23-98
California Supreme Court Prohibits Retroactive Paternity Child Support! - On June 25, 1998, the California Supreme Court handed down a very important decision in, SANTA CLARA v. DELMER L. PERRY, regarding child support and retroactivity. The Supreme Court decided that in child support cases involving paternity, the District Attorney/courts cannot make any order retroactive to before a motion/OSC has been filed requesting an order of child support, nor before paternity is established. In short, if the father is not the father legally for the father to see the children, the father is not the father for the mother to request child support.
What is Paternity ?
Paternity is fatherhood, simple enough.
What i$ Paternity Acknowledgment?
Paternity Acknowledgment is the name given to the voluntary proce$$ of the unwed father being recognize as the alleged biological father (not birth father - fathers do not give birth!) of a child or children for child $upport purposes ONLY. A little known fact of these Paternity Acknowledgment$ is that custody is granted to the mother. Most often nurses or midwives are required by the state to ask the alleged father to sign the Paternity Acknowledgment Form.
Please note that paternity acknowledgment DOES NOT establish legal, court recognized paternity, and may establish custody without due process (administratively designated custody).
Be aware that there are many different "feel good" names given to this voluntary process. Some of these names are: Declaration of Paternity, Recognition of Parentage (ROP), Paternity Establishment, Paternity Opportunity Program (POP), and A Simple Acknowledgment of Paternity (ASAP Program). Even though the names may be different, the outcome is still the same.
On the other hand, with the legal recognition of paternity through District Court, the father is responsible for the monetary support of the child according to each states adopted child support guidelines, AND has the RIGHT for legal, enforceable, visitation.
Presumption of paternity
To make things simple, individual states have developed a set of circumstances or tests that, if met, automatically presumes paternity. The most common circumstance is known as the Mansfield Rule. Basically, this rule states that if a child is conceived within marriage, the husband is presumed to be the father. Since this presumption is not always true, some states have introduced "milkman" legislation to challenge or rebut this presumption.
Delaware's Presumption of Paternity.
Establishing Paternity
Establishing paternity out of marriage is a little more complicated. Establishing paternity out of marriage can be done in several ways depending on your state's laws. Below are some of the most common ways to establish paternity. Please refer to your state's laws.
Filing documents with the court establishing that you are the father. If these documents are not contested by the mother, you could establish paternity. This paves the way so you can file for visitation and custody. Support will also be determined.
Signing the paternity acknowledgment form - see below for a detailed description.
Your name being on the birth certificate does NOT automatically
establish legal paternity. Refer to your state's laws for specifics.
With the passage of Welfare Reform, watch out for a streamlined system for establishing paternity. States are now required to meet a 90% paternity establishment standard. Below is an excerpt from the article, A Brief Look at the Welfare Reform Bill (1996).
Under welfare reform it will be easier and faster to establish paternity's. The voluntary in-hospital paternity establishment program is strengthened. States must publicize the availability of and encourage the use of voluntary paternity establishment processes. Those persons who fail to cooperate in establishing paternity will have their monthly cash assistance reduced by at least 25 percent.
In June of 1996, President Clinton announced three actions to strengthen the child support enforcement system. One of these actions defines stricter paternity cooperation rules for welfare applicants and recipients.
I Want To Be The Father, She Doesn't!
With all of the laws and procedures for establishing paternity, some fathers have had a difficult time in establishing paternity when the mother does not want you involved. Below are some suggestions for fathers to increase their chance of establishing paternity. These suggestions include, but are not limited to the following.
Before the birth of your child submit a "Notice of Intent to Claim Paternity" with your local District court. This demonstrates to the court your willingness to be involved with and have contact with your child.
States have developed forms and filing procedures to help establish paternity. The State of Oregon has a form called "Notification of Filing Petition of Filiation Proccedings". This form needs to be filled out, preferably before the birth, and submitted to the Oregon Department of Records. The purpose of this form is to alert adoption agencies of a possible father for whom a baby might be adopted. All states have a form of this kind and a filing procedures. The unfortunate part is that fathers need to file this form in each state that the baby might be born, not just concieved in.
In a paternity dispute DO NOT argue "best interest". Argue that you ARE the father. Remember, baby Richard finally was awarded to his biological father. See the section: Is there a Statute of Limitation to determine paternity?
Case Law Resource #1 (Note: Depending on your system this link might take some time to download. Suggestion: try using a text based browser)
Baby Selling
Women have found a way to make it hard for a father to be "responsible" and at the same time profit from having a baby. It is not uncommon for a mother to go to another state, one that the father does not know about, give birth, and then give the baby up for adoption. The adoption agency then pays the mother for the baby.
Whose Last Name Does the Child Have?
Jim Elshoff, who has a private law practice in Montana states that..."In Montana, 3 Supreme Court decisions hold that whether the parents were married or not, the child should have the surname of the natural father, despite the fact that the mother may have custody, despite the fact that the father is delinquent in support, and despite the fact that the father has not visited the child."
Check your state for legal presedence
Why the big push for paternity establishment?
The following excerpt is from Information Memorandum OCSE-IM-92-09 dated December 31, 1992.
The issue of paternity establishment has been recognized by the Office of Child Support Enforcement (OCSE) and the States as a major national concern.
The sheer increase in the number of children being born outside of marriage during the last thirty years has commanded our attention because, in many cases, it directly and adversely affects the economic well-being of our nation's children. As a result, this Office recognizes that there is an urgent need to develop -- at a minimum -- practices and policies which make it as easy as possible for fathers to voluntarily establish their child's paternity.
As the saying goes, "follow the money" and this applies to paternity acknowledgments as well. State child support enforcement programs need money to operate and the federal government is quite aware of this. The federal government helps fund state child support enforcement programs according to how much child support is collected in each state. This has created an incentive for states to increase their collections so the state programs can qualify for more money from Uncle Sam. Below is the table the federal government uses to reimburse the state child support enforcement agencies.
TABLE 8-4.--INCENTIVE PAYMENT STRUCTURE
--------------------------------------------------------------------
Incentive
payment
Collection-to-cost ratio received
(percent)
--------------------------------------------------------------------
Less than 1.4 to 1...................................... 6.0
At least 1.4 to 1....................................... 6.5
At least 1.6 to 1....................................... 7.0
At least 1.8 to 1....................................... 7.5
At least 2.0 to 1....................................... 8.0
At least 2.2 to 1....................................... 8.5
At least 2.4 to 1....................................... 9.0
At least 2.6 to 1....................................... 9.5
At least 2.8 to 1....................................... 10.0
--------------------------------------------------------------------
Source: Office of Child Support Enforcement, U.S. Department of
Health and Human Services.
[1998 Green Book, SECTION 8. CHILD SUPPORT ENFORCEMENT PROGRAM, FUNDING OF STATE PROGRAMS]
Leave it to the states to find a way to profit from child support...it's called THE FLOAT. States have been trying hard to funneling all child support through their coffers, giving the reasons of efficient accounting and disbursement of payments to justify their middle man status. The actual reason is the state gets to keep the interest from the child support payments that sit in the bank for up to a month. All you need to do is the math. For example, Oregon takes in approximately 25 million dollars in child support a month. The interest off this money is not spare change.
Another interesting tactic child support agencies use to deceive is to require, or in many instances, threaten, people to pay child support through the child support division. Not only does this create more money to float, but now the agency can brag on how much more child support is being collected. This is false because these agencies are not doing a better job in collecting support, what they are doing is requiring people who have been paying support regularly to now use their system.
The Parent Trap A CBS 2 News Special Assignment. The Department of Motor Vehicles has sent out thousands of driver's license cancellation notices to parents who have back child support. CBS 2 News' Troubleshooter Judd McIlvain says he has received many complaints from parents who say they are paying their child support, but their driver's licenses are still being taken away.
Another illustration linking paternity establishment to increasing child support is made clear by the title of this 1995 report by the Federal Office of Child Support Enforcement called The Child Support Improvement Project: Paternity Establishment.
Article in the Detroit Free Press titled "Hospitals urged to help find fathers. Effort is to reduce unpaid child support".
Because the federal government gives the states an incentive to collect as much child support as possible, this leads to the "high ball, low ball" parody. Since child support is calculated on the combined income of the mother and father, the state Child Support Enforcement Division uses the obligors (person who pays child support) highest income figure - high ball - while using the obligees (person who receives payment) lowest income figure - low ball - to calculate the maximum child support.
Paternity Acknowledgments Forms (PAF)
To make it easy for the child support division to increase collections, the Paternity Acknowledgment Form (PAF) has been created. Other names are: Declaration of paternity and paternity opportunity program. When this form is signed by the alleged father the child support division can start collecting child support. States have programs that encourage the voluntary signing of a Paternity Acknowledgments Form. In most instances, a nurse or midwife is required by the state to ask the alleged father to sign a PAF.
It is suggested that you visit your local hospital long before the child's "due date" and pick up a copy of the PAF and the corresponding information pamphlet. If you read carefully through the pamphlet you get the impression that by signing the PAF you will bring untold status upon yourself while proving to the world that you are doing the "right" thing.
There are blatant lies in these pamphlets. For example, the Montana State "Paternity Information" pamphlet states that "custody starts with the mother". Not only is this unconstitutional but it goes against the Montana law stating legislative intent - joint custody. Oregon State has two information pamphlets, one for the mother and one for the father. We find that the most important information in these pamphlets is altogether missing from these pamphlets.
Signing the Paternity Acknowledgment Form
It is important to keep in mind that by signing the "Paternity Acknowledgment Form" (PAF), you are giving your states Child Support Enforcement Division legal power to collect child support from you. Depending upon your state's laws, this support can be taken in one or more of the following forms: garnishing wages, keeping state and federal tax returns (1994), 1995, seizing liquid assets, taking insurance settlements, and turning you over to a collection agency. Other mechanisms used to gain child support are: revoking state licenses (more) (more) , and the possibility of placing you in jail. One Presidental candidate would like to deny credit cards to parents who owe child support. How do they know where you are? The Federal Government has requested that states implement a new hire reporting system, (more) where new hire information will be sent to the Office of Child Support Enforcement so it can be crossmatched with existing cases in the Federal Parent Locator Service (FPLS) and the Federal Tax Refund Offset Program. 25 states are currently participating in the program...look for one in a state near you.
Check out the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Bill) and see what the federal government is requiring the states to do concerning paternity and child support enforcement.
By signing the PAF you are NOT establishing legal visitation or custody. Also by signing the PAF you are giving up "due process" concerning taking care of visitation, custody, and support all in one swoop. Your local District Court can establish paternity, child support, visitation, and custody while also providing due process.
You may get the feeling from the above paragraph that we are discouraging signing the PAF. Not true. We are against signing a PAF while not knowing ALL the implications that go along with the signing of the PAF. If you are comfortable with signing the PAF and all the requirements that go with it, congratulations.
Here is a link if you feel that you have been a victim of restricted paternity laws.
Administrative Determination of Paternity
Governmental agencies such as child support divisions and services to children and families will state that they do not have the power to designate custody. They are half right that they can not designate legal custody, which can only be done in a court of law by a judge, but the dirty little secret is that they actually do designate custody, administrative custody. When an agency provides assistance (AFDC, Food Stamps, etc.) to a family with a child, the agency is admitting that the applicant parent (95% single mother households) is in possession of the child 50.1% of the time. By definition, 50.1% of the time is primary custody. These same governmental agencies have policies on fraud but rarely never challenge or investigate if the child is in the residence of the applicant parent. Because of this administrative custody designation, it causes a foot race to the welfare office to see which parent can claim the child first. Whomever claims the child first gets not only assistance in the form of money, food, housing, etc., the governmental agency protects the applicant, because, if heaven forbid, the applicant parent was not truthful, it would shed light onto how poorly the agency verifies its applicants.
Child support enforcement agencies have made it easy for themselves in determining paternity by passing rules to administratively designate paternity if certain circumstances are met. In Information Memorandum OCSE IM-93-04, (November 4, 1993) the rules of administrative determination of paternity for five states are outlined.
Colorado
Iowa
Montana
Ohio
Oregon
Alaska's Determination of Paternity
The State of Alaska has a Statute concerning the Disestablishment of Paternity.
Web paternity information
States have published information on the Internet to publicize their paternity programs to make it as attractive as possible for fathers to voluntarily sign paternity acknowledgments. This purpose of this section is to point out and identify paternity information put on the web by local governmental agencies, mainly child support enforcement agencies, which are false and/or misleading.
The first step in looking at these web pages is to see who is sponsoring these pages and programs. You will find from the below pages that the sponsors are the child support enforcement agencies of that state.
Please note the one main theme that runs throughout these paternity acknowledgment programs is one of responsibility. In actuality what these programs are promoting is "selective responsibility". A program that centers on child support only while ignoring access is telling fathers that they are only looked at as being a financial contributor. This is unacceptable.
Hennepin County, Minnesota
The caring people of Hennepin County have named their paternity program, Recognition of Parentage (ROP). A better name that describes this program should be RIP, as in RIP-OFF. By signing the ROP, you conveniently give up the right to have an attorney represent you, the right to genetic tests, and the right to a court hearing in the establishment of paternity. If you did not catch the last sentence, it needs to be repeated again.
By signing the ROP, you conveniently give up the right to have an attorney represent you, the right to genetic tests, and the right to a court hearing in the establishment of paternity.
The only thing that is convenient about signing the ROP is the ability to reach into your pocket, without any access to your child. Can you say "child ransom."
Texas
The State of Texas has made it easy to view their, Texas Child Support Enforcement Paternity Information, "oh what a (financial) feeling" statement. The following paragraph is straight from their information.
"Once we find him, we'll need to prove that he is your baby's father. One way is if he signed the birth certificate or an Acknowledgment of Paternity form at the hospital. It will also help if you can provide letters in which he claims he is your baby's father, pictures of him with your baby, diaries, calendars, Mother's Day or birthday cards or proof of any money he has given you or your baby. If you have these items, please bring them to our office."
In 1993 the Texas Supreme Court recognized a biological father's constitutional right to establish paternity EVEN when the child is born to a married couple. See In the Interest of J.W.T., No. D-1742.
Ohio
Another example is from the Child Support Enforcement Division of Cuyahoga County, Ohio (Cleveland), with their Paternity Establishment web page. Even though this page is from the child support division, they mention Support fifth behind Identity and Medical on why you should establish paternity. This is very disingenuous. This pages FAQ's are also very interesting. The main theme that runs through this page is the "support of both parents". But the fact that this page omits is that when the mother and child are on welfare the ONLY person responsible for supporting the family is the father. In rounding out this page there is one word that is mysteriously missing...VISITATION.
California
Coming from California the Riverside County, California, District Attorney - Family Support Division. This page supports signing what is called the "Declaration of Paternity". This page admits that, "In most cases, signing the form will make it easier to establish paternity in a court later." Then what is being signed? If it does not establish legal paternity then what does it do? Well, you are signing the right to pay child support without establishing legal paternity and visitation...which again was never mentioned.
Below is the actual disclaimer on the State of California Paternity Declaration.
IMPORTANT NOTICE TO UNMARRIED PARENTS
If the parents of the child are not legally married, the father's name will not be added to the birth certificate unless you: (1) sign a declaration of paternity in the hospital or (2) sign the form later or legally establish paternity through the courts and pay a fee to amend the birth certificate.
Mississippi
The State of Mississippi has a program called "A Simple Acknowledgement of Paternity" or ASAP PROGRAM. This page does discuss visitation and says;
"The Division of Child Support Enforcement does not represent either party in establishing visitation or custody rights. However, establishing paternity is the first step needed in order to ask a judge for visitation privileges. The father will need to seek legal counsel for advice on visitation and/or custody."
Not so fast State of Mississippi! Simply tell us who is designated custodian when this, "simple acknowledgement" is signed? It has to be the parent who will receive child support, or in other words, the mother. Even though the State of Mississippi states they do not represent either party when a paternity acknowledgement is signed, they have already handed the mother custody without a judges ruling .
Illinois
The State of Illinois web page on Paternity Establishment details several arm twisting efforts to establishing paternity if the voluntary acknowledgment of paternity form is not signed. The web page states;
Paternity can be established by default when an alleged father fails to attend a scheduled interview or to go for a scheduled genetic test without a valid reason.
Paternity can be established by publication of the alleged father's name in the newspaper.
Please note that all a mother needs to do is select a man who has a reasonable income, place that name on a form, and then that man has to prove his innocence against the full force and resources of a state agency. In essence, the man named is "guilty until proven innocent", or until he reads the local newspaper.
Illinois even has a program that enlists the help of Grandparents to establish paternity called Grandparents A Link in Paternity Establishment.
Are you POSITIVE you are the father?
There is a big difference between "I might be the father" and "I am positive I am the father." It might be in your best interest to find out for sure if you are the father. Check out this link if you "might" be the father: Your states paternity information
These state profiles contain descriptions of State child support enforcement programs. Some of these of profiles date back to September, 1994. For the most up-to-date information you may want to contact your specific State IV-D Office or Web site for updated information.
Select from the following States: Look for paternity information in section "C"
AL - AK - AR - AZ - CA - CO - CT - DE - DC - FL - GA
GU - HI - ID - IL - IN - IA - KS - KY - LA - MA - ME
MD - MI - MN - MO - MS - MT - NE - NV - NH - NJ - NM
NY - NC - ND - OH - OK - OR - PA - PR - RI - SC - SD
TN - TX - UT - VT - VI - VA - WA - WV - WI - WY
Child Support
A fill in the blank form for suing State Office of Child Support for violating the 13th Amendment against slavery, and Federal Statues against Peonage and Involuntary Servitude.
A court decision in California annulled an order which jailed a father for failure to pay child support citing, inter alia, the 13th Amendment to the U.S. Constitution which abolished slavery and involuntary servitude! "No indebtedness warrants the suspension of the right to be free from compulsory service." MOSS vs. MOSS
View state profiles in browser or formatted in PDF (Updated September 1996)
General non-Federal child support related links
State and Local IV-D Agencies on the WEB
Alaska
California
Los Angeles County
Connecticut
Colorado
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
Marion County
Iowa
Kansas
Kentucky
Maryland
Massachusetts
Michigan
Mississippi
Missouri
Minnesota
Hennepin County
Montana
Nebraska
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
South Carolina
Tennessee
Texas
Virginia
Washington
Wisconsin
Wyoming
Is there a Statute of Limitation to determine paternity?
Some states have laws on the books stating anywhere between 30 days to 2 years for establishing paternity. These laws have been overturned as unconstitutional by the Supreme Court. Until challenged, states have been reluctant to take these laws off the books.
What you can do concerning paternity?
When paternity is discussed, demand that "parenting plans" and "custody options" should also be included. The emphasis is on parenting. Paternity is gender biased, parentage is gender neutral.
The new Welfare Reform Bill recently passed by Congress and signed by President Clinton gives each individual state control over how welfare money is spent in their state. In the next couple years your States Legislature will be molding new laws concerning paternity, your children, and your money. The question is: Are YOU going to be involved in this process? If the answer is no then you only have yourself to blame. If yes, then seek out your local fathers organization and be heard.
Access the Thomas Legislative Guide and use the word "paternity" for your search.
Remember
The message I would like to give any father, whether here or across the world, who thinks he has been treated unfairly, is that you can not expect someone else to take action for you. You have to speak up. You have to take action. You have to do what needs to be done to draw the attention of the appropriate people in government, in the public, in your community, wherever this needs to be raised as an issue. It's up to you. You can't sit back. You have to band together. You have to do the work. We all have to do it because no one else is going to do it for us.
DADS provides a simple list of Do(s) and Don't(s) during family breakup or divorce.
Comments, suggestions and links are appreciated, jedwards@PEAK.ORG
Most Child Support cases now are done after a paternity test. Normally you just cant get child support out of a man if he didnt acknowledge that the child was his.
As much as I agree with what everyone else has said, you have to remember that it takes two to tango. Your husband is just as responsible as the woman is, yet there is still a good chance that the child isnt his. However, if he has never seen the child, he needs to.
Theres a good articale to read here, Article Excerpt
Byline: Cheryl Wetzstein, THE WASHINGTON TIMES
A lawyer says she has helped seven California men escape erroneous child support orders, though another man, who has been fighting his order for almost a decade, is waiting for his day in court this month.
California "paternity fraud" victims are finding relief under a landmark 2004 court decision and a law that went into effect Jan. 1. Both offer opportunities for courts to overturn established child support obligations for men who can prove they are not the fathers.
In just the past few weeks, "I have overturned seven [men's cases]. ... They're off the hook," Santa Ana, Calif., lawyer Linda...http://goliath.ecnext.com/comsite5/bin/pdinventory.pl?pdlanding=1&referid=2750&item_id=0199-3630990
http://lawdigest.uslegalforms.com/paternity/
http://www.nolo.com/statute/federal.cfm
http://www.nolo.com/statute/state.cfm