Pregnant With Opportunity: Mom Still Wins

by Moody Jim Rathbone

In the mainstream media, you’ll read headings that titillate or that simply state “New Jersey Man Ordered to Pay Child Support for 1 Twin After DNA Test Shows 2 Dads.” The truth is that this kind of behavior is a national embarrassment! So potentially embarrassing that the lawsuit represents the plaintiff and defendant only as initials. The ‘mother’ should certainly be embarrassed. The details and headlines for child support continue to get stranger as time wears on. That is what happens in a nation without standards.

In a precedent-setting case, a Superior Court judge ruled that a man who was believed to have fathered twin girls actually only fathered one of them. It’s the sick stuff of legend and a new low for the ‘prostitutes’ of the nation. But this case isn’t a precedent for the reason you might think. It’s the first paternity case in New Jersey – and the third nationwide to showcase two different fathers for a single set of twins.

A man identified only as “A.S.” was off the hook for child support payments to one of the twins after DNA testing determined that he fathered one twin, but could not have been the father of the other.

The mother, identified only as “T.M.” gave birth to twin girls in January of 2013 and named “A.S.” as a romantic partner and the father of both kids when applying for public assistance. Of note is that she admitted that she had sex with another unidentified man ‘within a week’ of having had sex with “A.S.”  Obviously, the woman couldn’t keep her legs together and wisely, social services ordered a DNA test with the “surprising results.”

“A.S.,” obviously poverty stricken, represented himself in court, and has been charged to pay $28 a week in child support payments to his offspring. An academic study published in 1997 found that different fathers occurs in about one out of every 13,000 reported paternity cases involving twins. Either way, the “hoes” and judges of America still have the power. At least, the father hasn’t been taken to the cleaners if he hasn’t been late with the child support. “A.S” likely is late and the Bradley Amendment will apply. What a way to start the life of a child, or children, as the case is here. So now that you’ve heard all this, is the mainstream media telling you what you really need to know? Hardly! The lawsuit is just the beginning. Both parents, especially the father, will continue to experience all kinds of personal invasions and persecutions in the name of taking care of children. These mainstream articles don’t discuss the abuses that non-custodial parents face because of government policy that is nothing less than unconstitutional. Once the lawsuit dies down, good old dad will be without due process, completely at the mercy of government policy that has no mercy. Even worse, all Americans are paying dearly with their privacy and banking information so that big government can quickly snap up cash for kids.

For example, in United States statute, the Bradley Amendment (1986, Public law 99-509, 42 U.S.C. § 666(a)(9)(c)) requires state courts to prohibit retroactive reduction of child support obligations. Specifically, the amendment:

• automatically triggers a non-expiring lien whenever child support becomes past-due.
• overrides any state’s statute of limitations.
• disallows any judicial discretion, even from bankruptcy judges.
• requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the obligor) to promptly document changed circumstances or regard for his awareness of the need to make the notification.

Man Forced to Pay Child Support for Kid Who Isn’t Even His

by Linda Fogarty

There are a lot of good guys out there. Men who will step up to the plate and treat children who aren’t theirs as if they are their own. But, as one dad from North Carolina is learning after being told he has to pay child support for a child he didn’t father, some will take advantage of kindness.

Allow me to explain this somewhat complicated story. Randall Smith met, fell in love with, and married a woman shortly after he was hospitalized with lymphoma. Not long after their wedding, she came to him with some happy news—she was pregnant—hip-hip hurray, right?

Eh, not so fast. Smith had a vasectomy years before her announcement. We all know what that means, right?

Shocked beyond belief, we’re sure, Smith made an appointment with his urologist, who confirmed that he didn’t actually have sperm.

Instead of high-tailing it out of his marriage, he stuck around and showed he was more committed to his wife than most would have been if they were in this same position. He promised to raise the child as if he were his own, but says he also made it clear that if they ever split, her son would be her responsibility and he wouldn’t have to pay child support.

Seems fair, doesn’t it? After cheating on him, which I realize is only an assumption since he has yet to get a DNA test (say what?! I know), I would consider her pretty darn lucky to get a second chance with a man who was also willing to be a father figure to her son.

I think you know where I’m going with this. They eventually broke up and the woman wants him to pay child support. Not only is Smith angry because he says he isn’t the father and they had an agreement (which, unfortunately, wasn’t in writing and signed by attorneys), but also because his injury left him disabled and $7,000 in arrears.

The biggest problem here is that Smith didn’t get a DNA test as soon as his wife’s son was born. He now has to scramble to get one in a certain amount of time for the court to even consider exonerating him from paying child support. What was he thinking?! Is he really that trusting that he assumed he could have faith in his wife’s word? Maybe he didn’t want to put the child through the trauma of a DNA test?

This is such a sad story. Any man who is kind enough to take care of a child who isn’t his deserves better than this—especially when there are many biological dads who aren’t acting responsibly and feel they are within their right to walk away when the duties of parenthood get in their way.

Do you think this man should be forced to pay child support?

Justice: Man Pays Support Despite Negative DNA Test

by Moody Jim Rathbone

It’s a cruel injustice. To the State of Texas, this just regular business. So it goes with Federal Law as well, an underlying culprit that denies the Constitution of the United States, like many other laws and statutes in the last fifty years. The Attorney General of Texas is also to blame, spearheading this and other cases like it as one of the most unfriendly states to ‘non-custodial parents.’

“I’ve never seen the child. I never spoke to the child. I don’t know what the child looks like,” says Willie Carson, a resident of Texas. The State of Texas and the woman that bore the child still took the money. The sociopath that is state authority is happy to have its’ needs met, as the real beneficiary behind the scenes. As long as a child is supported, justice means nothing. Mr. Carson’s paycheck has been garnished for almost 13-years and he’s now behind in payments by $21,000.

Mr. Carson has been forced to pay for a child, even when DNA proves the child is not his. The DNA test results indicate a 0.00% probability of paternity. Mr. Carson isn’t the father of the 13-year old girl in question. The whores of state and mother have prevailed for 13 years.

He has paid thousands in child support for the girl, simply because the mother initially named him as her baby’s father, as if a birth certificate and the word of a woman is king. That is because the State has made it so, plus the fraudulent action of someone that has the morality of a whore. What else could explain it? Or you could simply chalk this up to a mistake all around, started by the mother of the child in question.

Carson has battled this case in court for years, and struggles financially because of it. The attorneys and the court system continues to win while an ordinary man struggles and suffers.

“There were days that I didn’t eat. I went without electricity.”

The girl’s mom reportedly sent a letter to the court specifying that he isn’t her daughter’s dad and shouldn’t be required to pay. That hasn’t stopped her from accepting the money, nor the state from extracting it.

Recently Carson received a letter stating his 401k funds are no longer frozen, and that he no longer is required to pay child support. Carson is due back in court, where he’s hoping this 13 year fight will finally be over.

This struggle happens so often that the issue is among the Texas Attorney General’s office ‘frequently asked questions.’ According to the attorney general, even after dismissing a mistaken dad’s duty to pay child support, he is ‘still responsible for arrears,’ or any back money owed. That’s the insanity of the Bradley Amendment. Even when the whores finally get it right, the situation created by the Feds is all wrong.

The Bradley Amendment, sponsored by Bill Bradley to garner some votes, must be repealed. You can’t free a nation from whoredom, but you can free a nation from tyranny.

The Fairness of Paternity Fraud

by Diane Dimond

There is a lot of unfairness in the world. The American justice system stands ready to counter that, right?

Not so fast.

When it comes to men and allegations of paternity, women have a decidedly upper hand. Whatever the woman claims in court most often becomes fact. And once a court has ruled on paternity and established child support, it can be next to impossible to change — even if a DNA test excludes the man from any possibility of parenthood.

Across the country, men of all ages, colors and social statuses have been ordered by family courts to pay child support for children that aren’t theirs.

In one infamous case in New Mexico, a man shelled out years of support for a daughter who never actually existed. His deceitful ex-wife simply told the court there was such a child, and no proof was ever requested.

Some victims of paternity fraud find out the truth while they are still married. In Michigan, Murray Davis discovered that two of his three children were actually fathered by his best friend. But by that time, the kids were nearly teenagers, well past the legal deadline for Davis to contest paternity in that state.

Carnell Smith, of Atlanta, Georgia, discovered that the daughter he’d been raising with his girlfriend wasn’t his. But the courts didn’t want to hear it. Smith was stuck. Like Davis, this falsely identified “father” began to lobby for changes in his state’s law.

Smith started a group called U.S. Citizens Against Paternity Fraud and got Georgia to join Ohio in being one of only two states that allow an unlimited time for a man to challenge paternity as long as the child support case is open.

Many states require a man to file a challenge before the child’s third birthday. The federal law gives a man just 60 days.

“That’s pretzel logic, isn’t it?” Smith asked me. “Don’t tell a man the truth, and then penalize him for not correcting the record fast enough. Some men don’t realize what’s happened,” Smith said, “until they are under water with child support payments and then have no money to pay an attorney to fight for them.”

Also working against the wronged man is the Bradley Amendment, a federal law that prohibits state judges from retroactively modifying child support orders.

None of it sounds fair, does it? But it happens all the time. Judicial reasoning ranges from, “it’s in the best interest of the child,” to, “he didn’t challenge the paternity claim immediately.”

Carnell Alexander of Detroit has been under a court-ordered cloud for nearly 30 years.

In 1987, his ex-girlfriend applied for welfare to support her new baby. She put Alexander’s name down as the father even though he wasn’t. A process server swore he served Alexander with papers demanding he appear in court, so when Alexander didn’t show up, he was declared a “deadbeat dad.”

Truth is, Alexander was never notified. He was in prison at the time on an unrelated charge stemming from a youthful crime. He didn’t find out about his problem until a traffic stop in 1991.

The mother in question now admits, “Everything is my fault.” She told a Detroit TV station, “He shouldn’t have to pay it at all. I want everything to go away for him so he can get on with his life.”

Despite the mother’s lies to the state, despite a definitive DNA test excluding Alexander as the father, he still owes $30,000 in support for, as he puts it, “A child that I did not father … that I was not involved in raising.” He adds, “It is not fair.”

There’s that phrase again. It is not fair.

Murray Davis, who established the National Family Justice Association after his painful experience, says Alexander, “Is only one among tens of thousands in this state and possibly hundreds of thousands or millions around the nation who are victims of this abhorrent crime of paternity fraud.”

Fair seems rare in these cases, but a creative-thinking judge in Virginia found a way around that pesky Bradley Amendment. He ruled that a defrauded man who still legally owed $23,000 in back child support could pay it off at a rate of one dollar a year — for 1, 917 years! You gotta love that.

This kind of fraud happens to young men going off to college, to soldiers going overseas, to men of all ages and occupations. And it ruins lives. Biological children of the falsely identified, new wives, grandparents and others are all profoundly affected by paternity fraud.

Having the best interest of a child in mind is knowing the child’s lineage and medical history. The best interest of society is to have a respected family court that is fair to all.

DNA tests cost about $30 these days. It’s time for automatic court-ordered DNA testing in all child-support cases.

Child Support Injustice in Texas

Men in Texas who are told by the state to pay thousands of dollars in child support, but they are not the father of the children. The state knows it, but is making them pay support any way.

Rey Valdez was in the middle of a divorce years ago when his first wife told him she was pregnant. He wound up paying $300 a month in child support for his young son, but when the boy was a teenager, Valdez got an anonymous call. “I got a phone call, and I was told that, ‘You need to look at who really is father of [the child] because you are not,’ and that angered me. I mean, how dare they?”

Confused and concerned after the call, he bought a DNA test. The results showed Valdez was not the boy’s father. “It wasn’t right,” said Valdez, “I just couldn’t believe something like this could happen.” He went back to court and the judge ordered the Attorney General’s Child Support office to do a DNA test. That office got the same result, that Valdez is not the biological father.

Despite those results, the judge ordered Valdez to keep paying child support. So far, he estimates he’s shelled out about $18,000 to his ex-wife for the boy. Valdez said, “It’s money that could go to my children, my wife, myself, but I’m still paying it, cause the law tells me to.”

The law in Texas says a father only has four years to challenge paternity. If they find out after four years that they are not the father, like Rey Valdez, the law says they are still the parent and still required to pay child support.

State Representative Harold Dutton has tried to pass paternity fraud legislation that would allow a father the right to challenge paternity with a DNA test at any time. Until this is changed the state of Texas is participating in fraud. In this case, the state of Texas supports a total lack of morality on the part Valdez’s ex-wife.

“We have to fix it so the person paying child support is actually the father, and whatever we have to do to fix that, that’s what I think we have to do,” said Dutton. His bill hasn’t passed because he says the Attorney Generals office, which collects child support, opposes it.

The AG’s office denies Dutton’s statement. We wanted to ask Attorney General Greg Abbott about paternity fraud, but we only got this statement:

“The Office of the Attorney General is obligated to follow the law. We must honor court orders that establish paternity and require the payment of child support. Our staff always encourages men to obtain paternity testing when it is a legal option.” Men in Texas know better. This writer knows many men in Texas stuck in this very position because of immoral wives. Essentially, the state supports immorality and fraud in the name of children’s rights.

Representative Dutton said he’ll file his bill again next year, but he said he needs your help. You can contact your state representative and senator and tell them to support the change. Spread the Word. Eliminate unconstitutional laws. While you are at it, write your lawmaker about the Bradley Amendment and get it repealed in the name of America.