Should paternity fraud be a crime?

Question

A pregnant woman knows if she has had sex with men other than the alleged father. Under current law in most locations if he does not realize within two or three years he is stuck paying child support till the child is 18. In some instances, he might not even know a child was born, or like Anthony Sims of Michigan might not even have had sex with the woman at all. Still, if she puts his name on the paperwork he is "presumed" to be the daddy and the clock starts ticking.

This seems backwards to me, and is why paternity fraud is often called the one crime where the victim gets ordered to pay the perpetrator. How do you folks view this?

CupcakeKiller · Accepted Answer

I don't agree with this but I can explain the legal justification for it. First of all, paternity fraud should be dealt with in civil court. In order for it to go from that to criminal, hypothetically, you would have to prove the woman knew and intentionally defrauded a guy for child support. I don't doubt it happens, but it would be difficult to prove. As for how the system works now: Family Law is pretty nuanced in that all cases involving children have own legal standard called "Best Interest of the Child" (BIOC). There are 17 widely used factors that states choose to weigh differently and some add in others. Unfortunately, when it comes to support it will be determined that is BIOC which, in essence, means they don't fucking care if it's unfair to someone. The onus is not on family courtrooms to make the adults happy and comfortable because they have to operate on BIOC. in my opinion civil suits should be allowed for paternity fraud with the standard "preponderance of the evidence" which is lawyer for "more likely than not". Criminal cases have to be proven beyond a reasonable doubt.

Ámayas_20 · Accepted Answer

I believe that if a woman lies about who the father is as in she is aware another man is definitely the father of her child but claims it to certainly be another mans that this should be a crime, I also think it should be a crime if the woman is unaware who the father is for her to seek child support from one of the possible fathers.

I don't think it's the woman's place to ensure the right man is called the father if she's unsure though as long as she isn't going for money, I do believe in a man right to demand a paternity test before having any parental responsibilities, though I believe this is his responsibility.

Reaperbot666 · Accepted Answer

if the woman lies about who the father is or just does not know. but decides to then claim a guy is without proof of him being the father. then yes it should be a form of crime. if she filed for and got support from him. under a false claim.

at that point the guy can opt to have testing done to prove if he is in fact the father or not. once there is proof one way or the other. the guy should then be allow the option to wave his rights and legal reasonability's for the child. including all visitation and support for the child.

however if after finding out he is the father. he opts to then be a part of the kids life. he should get 50/50 custody of the child in question at least.

ZackBan · Accepted Answer

In my country if a husband catches his wife in bed with another man he can kill them both on the spot and still get away with it. So can a brother who catches his sister with a clandestine relationship.

Now keep in mind that at least 70 % of the population actually never kill anyone but the rest might do it.

So if a woman lies about the father and the truth does come out not only is her husband absolved of child support she'll be cast out of her home in an unconditional divorce

elisa_0 · Answer

I think this should only apply if the man is aware that he impregnated a woman. The woman should be obligated to tell the man that she's pregnant.

If she had sex with multiple men, that's an issue because she wouldn't know who the father is! Lol. If this is the case, she should have to notify all the men she had sex with (if she's not sure who it is), and for them to take a paternity test or something.

Either way, the father should know. It is definitely unfair if the woman decides to hide it from him.

RolandCuthbert · Answer

What happened to the bills that were introduced to protect men? This was three years ago.

" Rep. Jim Runestad has written five bills that he says will protect both men and children from such fraud. He says he plans to introduce them within the next month."

Secret6620 · Answer

Absolutely. Some men are victims for 20 years before they get out and find out none of the kids are his...

nathanp97 · Answer

A birth certificate is a type of legal document is it not. Intentionally falsifying legal documents is a crime, and depending on severity and the country you live in it can range from a fine to jail time (although that would be rare and likely never happen. I don't think a women should go to jail for it, but she should have to pay it back with interest)

Celtero · Answer

It's a big injustice... even worse some European countries have laws that enable and support this, either by making it illegal to get a paternity test without the mother's consent or make the victimized man pay child support regardless.

Oh well, never will be my problem.

beebsfeebs · Answer

These women are the worst of the worst of humans. The fact that laws let this happen is disgusting and then women complain about male privilege... disgusting

FatCat2021 · Answer

They need to work on this. They need to make the child support situation not be about making the man out to be the villain and making the woman out to be the victim. I am sure this fraud happens a lot and even when it isn't fraud the man should not be forced to pay the woman as much as he is. He should pay for essentials clothing and food for the kid. Not enough that the woman can use it to go on vacation and get her nails done and all of this BS that is not necessary.

Knuxx · Answer

All men ahave alright to know who his children are. This does not mean that all men have a right to their children. As son men are total crap sacks. But there is no reason for any man to have to pay for a child that is not his. Nor should a man be denied a paternity test. No matter the tactics used be it guilt, lies or blame to avoid a test.

mindNsoul · Answer

Family courts in some countries are one of the few rare places where men don't get treated fairly. But that's where the double standards can be noticed the most unfortunately.

NYCQuestions1976 · Answer

Yes it should be a crime... but don't hold your breath...

cth96190 · Answer

Hell yes! The penalty should include prison time. Fraud is fraud.

Flower7 · Answer

It seems like this issue could be easily prevented by paternity testing. I don't get why a guy would go along with paying child support without even verifying that he's the father.

FakeName123 · Answer

Absolutely. In addition I think paternity tests should be done by hospitals after birth per default (but the data should NOT be stored) and can be asked for by both parents right away.

wilfh1965 · Answer

Because he is stuck with child support even if not the father and will go to jail for non payment of child support

KingdomForAKiss · Answer

Yes, it absolutely should be considered a crime.  DNA paternity test should be required prior to filing paperwork for the child's birth certificate.

Emperorxxxemilio · Answer

Definitely! Plus, that’s why you make the hypothetical woman get a Dna test. I can’t believe how much predatory women can get away with.

Unknown_User7 · Answer

A guy in my city recently ( before corona) did 4 months in jail for not paying child support , for a kid he found out was not his via DNA. Thats crazy shit

admles · Answer

Yes. They should make DNA testing mandatory at every birth, to be honest. Would save a lot of trouble.

Gedaria · Answer

If you prepared to finance the child you may be in with a shout..

OddBeMe · Answer

I’ll say, sure... But if you go sticking your dick in trash you gonna get messy. Men should probably be more selective...

sirrober126 · Answer

To fix this i belive that all parties should dna test at birth. And go from there.

msc545 · Answer

Most fraud is a crime, no reason this shouldn't be.

Cortaine · Answer

I'm surprised it isn't a crime.

vany22 · Answer

Lying is a crime so yes

Orange_bb · Answer

Yes of course. I think that it's already a crime!

standardguy · Answer

I thought that it is criminal already.

Should paternity fraud be a crime?

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