Court backs dad, ends kid support
Payments dropped, arrearages eliminated
The Detroit News, U.S.A., by Kim Kozlowski, March 24, 2006
Fathers paying child support for children who are not biologically theirs were cheering Thursday for Doug Richardson, who went to court and got his child support payments stopped and what he owes wiped out.
Still, Richardson said his fight is not over. He will continue to work to get laws in Michigan changed.
"It's a good step in the right way for others in the court system," Richardson said, "but I have a road ahead of me, working with (lawmakers)."
Richardson paid an estimated $80,000 in child support over 15 years to his ex-wife even though a DNA test showed their first son was not his. Richardson said he paid support to his ex-wife while she lived with the child's biological father and then later to the biological father when the couple split up.
During the 2 1/2 hour court hearing on Thursday, Richardson's attorney, Michele Kelly, negotiated with attorney Robert J. Dunn, who represented Richardson's ex-wife, Bonnie Lauria. Dunn said Lauria wanted peace of mind for her family, and agreed to dismiss the child support.
"He doesn't have to pay because I said enough," said Lauria, 42, of Bay City. "He's had my children on the TV so many times. It was ridiculous. I don't make the laws. It's not my fault. I am glad it's over."
Richardson was planning to represent himself in court but Kelly, of Northville, offered to represent him after reading about his plight in The Detroit News.
He was a father for less than five years when he learned his son wasn't his biological child. Richardson got married when he was 19 after his then-girlfriend wife told him she was pregnant with his child. The couple had a second son during the marriage who is Richardson's.
Richardson learned before their divorce that another man was the father of the first son, which DNA tests confirmed in 1992. A man becomes a legal father in Michigan when he is married to the mother at conception or birth or signs a voluntary affidavit of parentage, typically at the hospital when the child is born, said Marilyn Stephen, director of the Office of Child Support in the Michigan Department of Human Services.
Richardson's victory was good news to Michael Williams, a Detroit dad who is obligated to pay child support for seven children, five of whom are not his.
"Maybe the same thing can happen to me," Williams said.
Bills in Michigan's Legislature designed to give relief in such cases include one from state Rep. Lamar Lemmons III, D-Detroit, that would require courts to withdraw child support orders when DNA tests prove that men aren't the biological father. At least 12 other states have passed similar laws.
Fathers will need to lobby lawmakers because even though Thursday was a victory for Richardson, the issue of paternity fraud was not addressed, said Murray Davis, an advocate for fathers who was at the hearing.
Lemmons said he hopes Richardson's case will spur his fellow lawmakers to take action.