Paternity fraud in California

[MQV_]

Has there been any successful defense under California law for a man who has DNA evidence that paternity fruad has been committed? Court action has been brought by the mother to legally order child support. The mother admits that the man is not the father but tells the courts he "assumed the role". He has indeed given money to the woman over the years based upon her lie. She does know who the bio father is.

Also if support is ordered, has Civil rule (60.b) ever been used sucessfully to relieve someone who is a victim of paternity fraud ?

 

[Rathi]

I may possibly not have a clue... ..

I'm under the impression, that if fatherA knows that he isn't the father of the child, and admits this, he can be relieved of further support, but the mother is not entitled to future payment.
Basically, if fatherA knew the whole time he wasn't the father, but supported the child financially, or just by living there, assuming the role, he won't be re-paid any past spending on the child.
I would think that the course to take would be the state persue fatherB, seeking future, and possibly past child support owed. It shouldn't be the choice of the mother, who she'd rather pay support ... hehe

 

[darnic]

paternity fraud

Hello MQV,

There are currently two bills in California Legislation. SB-1030 & AB-252. We are hoping to have at least one of them pass this year, with the amendments that are needed to insure that ALL CALIFORNIA PATERNITY FRAUD VICTIMS are protected. We have been working for years to get the laws changed regarding paternity fraud.

There are currently time limits in which you can contest paternity, once a "mother" names you as the biological father. We are working on getting the limits changed due to the fact that only the "mother" & the biological father (and God) know the TRUTH.

As of right now, "mothers" are getting away with signing documents "under penalty of perjury" with the Welfare Office, the Courts, and the Department of Child Support Services Office, that a wrongfully accused man is the biological father of HER child. This is another law that we are working on getting changed.

Please contact me for further information.

Sincerely,

Darlene