Stop Paternity Fraud in Florida Let's End Paternity and Child Support Fraud
In too many cases, Florida men end up paying child support on other men's children AND DON'T KNOW IT! Often the mother involved DOES know or suspect that the child/ren are not the children of the man she married, but she remains silent, or claims that they are his children. This is fraud. When she makes that claim to a court in a divorce or a child support action, she is committing perjury. She may claim to be doing it "for the children". A crime committed "for the children" is still a crime.
What can be done?
· If you are a man involved in a divorce action or a child support action, insist on a paternity test.
· If you are a mother, resist temptation. Refuse to be part of the problem. Name the real father. You don't need the pressure of committing a felony (fraud, perjury), and, in a day when so many medical situations have genetic roots, your child deserves to know his or her genetic ancestry.
· If you are an attorney on either side of a divorce action or a child support action, insist on a paternity test. If you are the mother's attorney, protect your client. Don't let her commit fraud or perjury.
· If you are a Family Court judge, always order paternity testing (except in the case of adopted children or children from a prior marriage).
· If you have been victimized, demand restitution.
· Write your Florida Senator, your Florida Representative, the Governor, and the Florida State Attorney. Express your views. Ask for legislation to require paternity testing in divorce and child support cases. Ask for legislation to facilitate restitution in paternity and child support fraud cases.
· Educate others about the nature and size of the problem.
E-Mail your thoughts and stories relating to Paternity Fraud
Presented by Nadine G. Mendelsohn-Ziskind
A Proposed Bill presented To the
Florida Legislature For the Amendment of Florida Statute, Title XLIII,
Chapter 742; Presumption of Paternity in Marital Cases, and Chapter 817; Fraudulent Practices.
Definitions: Husband means current husband, ex-husband, ex-spouse, or a male married at any time to
the child’s biological mother, the male in this action not being the child’s biological father as determined by DNA paternity testing.
1) In all divorce and/or child support cases, DNA paternity testing shall be ordered by the Court, except in the case of adopted children and children from a previous marriage.
a) If DNA testing determines that the husband is not the biological father of one or more of the children the mother shall be required to identify all possible prospective paternity candidates.
i) The mother’s lack of compliance in identifying prospective paternity candidates will be construed as Indirect Criminal Contempt of Court.
ii) The penalties for lack of compliance will be the maximum allowed under the law.
b) The Court will require child support of the biological father.
c) The current husband shall not be required to pay mandatory child support, nor be subject to any actions relating to child support obligations from the Court or Child Support Enforcement Agencies.
d) If the biological father is deceased or cannot be located, the husband may make informed consent to pay child support, but shall not be obligated or required by law to pay child support. If the husband voluntarily consents to pay child support in place of the child’s biological father, he may elect at any time to cease paying child support upon sixty days notice to the mother and the court.
i) The husband, if he is voluntarily paying the child support obligation in place of the child’s biological father, will receive no interference from the children’s mother regarding visitation or contact with the child.
ii) If the child’s mother interferes in the visitation of the current husband with the child he is supporting, the voluntary child support of the husband ceases immediately without 60 days notice to the Court.
e) The husband retains the right to sue the biological father for punitive damages and recovery of costs related to support of the child.
2) Create a new subsection with sections in the Florida Family Law Statutes allowing for retroactive restitution in past divorce cases where child support is/has been paid in which later DNA evidence shows that the husband was not the biological father of the child in question.
a) The amount of the restitution will be the entire amount paid for the child in question, plus interest. The amount shall be calculated by setting up a schedule where each child support payment will be treated as if it were a deposit into a savings account at current compound interest rates.
3) Create an Restitution Enforcement Program as part of the State of Florida Department of Revenue Child Support Enforcement and Collection Agency in cases where there has been fraud or error in divorces which occurred prior to the Court Mandated DNA paternity testing.
a) If the mother of the child offers restitution without requiring the ex-husband to bring a petition or motion in front of the Court, the interest rate used should be six percent and the interest compounded monthly.
i) The State’s Attorney will not bring Criminal proceedings against the child’s mother for fraud.
b) If the husband is forced to petition or motion the Court to request restitution and the mother of the child agrees without counter-argument, the interest rate used should be eight percent and the compounding should be monthly.
i) The husband involved will be allowed to pursue Criminal proceedings against the mother for fraud.
ii) If the husband requests restitution before the Court and the mother files counter petitions to disallow restitution, the interest rate will be calculated at ten percent, and the interest compounding will be figured on a semi-monthly or weekly basis. (depending on the payment frequency in the original child support order). In this instance, it shall be mandated that the mother will bear all costs for paternity testing and court costs, including attorney fees for the ex-husband.
iii) Criminal proceedings for Felony Perjury and Fraud Findings against the mother for fraud would be automatically instituted by the State’s Attorney’s Office.
c) The above restitution schedules will not bar the defrauded father, or the child (either during minority or at majority) in proceeding with a civil damages lawsuit against the mother or the biological father.
d) The amount of prior paid child support (principal and interest) would be paid in a lump sum to the husband.
i) If a lump sum is not feasible, the mother’s wages would be garnisheed at the same percentage rate of previous child support payments,
ii) The mother would be subject to the same actions for non-payment as a person not paying child support; i.e.;
loss of drivers license,
loss of professional licenses,
seizure of IRS tax refunds,
seizure of worker’s compensation and other insurance moneys,
seizure of retirement, IRA, and Keogh funds
seizure of bank accounts and personal property
subject to jail time for contempt of court for non-payment of Court-ordered restitution.
4) That the time limit for paternity challenges in divorce and child support proceedings shall be prior to the 21st birthday of the child, or if more than one child is involved, the time limit will be upon the 21st birthday of the youngest child.
5) If during any legal action relating to child custody or support, the child’s mother states that "the child is not yours", that will constitue Prima Facia evidence of fraud and perjury with all punishments and penalties that entails.
6) Such modifications and amendments to Florida Statute XLIII, Chapter 742 will be deemed in the "Best Interests of the Child."
Modifying the Florida Family Law Statutes as outlined above will ensure the rights of the child/ren involved, establish parity for ex-husbands’ in Family Court, and be in the "Bests interests of the Child".
For further information in other States, click on this link:
For further information on DADS of Florida and Second Wives, click on this link:
These links list e-mails for Florida’s Governor and Lt. Governor: Paternity Page_files\Governor's Staff.csv
The Florida Legislature:
Florida House of Representatives: Paternity Page_files\House.csv
Florida State Senate: Paternity Page_files\Senate.csv
Judicial Oversite Committee: Paternity Page_files\Judicial Oversightt.csv