Fathers May Get Money Back in Paternity Fraud Cases
18 March, 2005, FindLaw, Australia
Proposed new laws will make it easier for fathers to recover child maintenance payments if DNA testing reveals that they are not the child's father.
The Family Law Amendment Bill 2005 allows people who wrongly believed they were the parent of a child to recover any child maintenance paid or property transferred under an order of a court under the Family Law Act 1975.
"The bill is intended to make it easier for people who find themselves in this position to take recovery action without the need to initiate separate proceedings for an order from a court of civil jurisdiction, such as a State, Local or Magistrates court," Attorney-General Philip Ruddock said.
Mr Ruddock said the amendment would apply retrospectively to cover payments made before start of the new provisions.
The Bill applies to orders for support of children such as step-children, dependent children who are 18 years and older, and children who were born, or whose parents separated, before the child support assessment scheme came into effect in 1989.
Existing legislation already allows for recovery of amounts paid through arrangements with the Child Support Agency.
Mr Ruddock claimed recent changes to parentage testing procedures would reduce the risk of inaccuracy and fraud, with new identification requirements.
Under the procedure, the best interests of the child are taken into account in considering whether a genetic sample should be taken from a child.
Noting the Victorian Court of Appeal decision in Magill v Magill, handed down yesterday, Mr Ruddock said it was inappropriate for him to comment.
In the case, which involved what all three judges agreed was an unusual set of facts, a man sued his ex-wife for the tort of deceit, claiming she had falsely represented he was the father of two of her children.
His child support payments were adjusted after DNA test findings he was not the children's father, but he claimed for loss of earnings and nervous shock.
While the County Court found in the man's favour, the Court of Appeal found that all the elements of the tort were not made out, specifically that the woman's presenting the man with two birth forms for the children constituted a representation that he was the father.
A men's rights group has called for mandatory paternity testing of all babies after government figures revealed almost 600 instances of men compelled to financially support children they did not father.
Since changes to child support laws four years ago, there had been 586 cases of men successfully using DNA testing to show they were not biologically related to children they had been financially supporting, the federal government has revealed to The Australian.
Paternity Fraud Philippines
The Visayan Daily Star, Bacolod City, Philippines, BY CARLA GOMEZ, February 28, 2009
Bacolod Regional Trial Court Judge Ray Alan Drilon has annulled the marriage of a Negrense couple after a DNA test showed that the child borne by the wife was not the biological offspring of the husband who works abroad.
The family court judge ruled that the marriage of the couple, whose names are being withheld by the DAILY STAR on the request of the court, was null and void.
Due to fraud committed by the wife in getting her overseas worker husband to marry her, properties acquired during their marriage are awarded in favor of the husband, the judge said in his decision, a copy of which was furnished the DAILY STAR yesterday.
The judge also declared that since the overseas worker is not the biological, much less the legitimate father of the child of the woman, the Civil Registrar is ordered to change the surname of the child to the mother's maiden name and remove the name of the plaintiff as father of the child.
The complainant said he was working as an electronics engineer in the United Arab Emirates and on his return to the Philippines in 2001, his girlfriend of 10 years with whom he had sex, showed him a pregnancy test result showing that she was pregnant.
On receiving the news he was overjoyed and offered to marry her. Shortly after he went to Saudi Arabia to work, and his wife gave birth to a baby girl in the same year.
The birth of the child only five months after their marriage puzzled him but his wife told him that the baby was born prematurely, so he believed her, the husband said. Read More ..
UK National Survey
Scotland's National Newspaper
5,000 women polled
Half the women said that if they became pregnant by another man but wanted to stay with their partner, they would lie about the baby's real father.
Forty-two per cent would lie about contraception in order to get pregnant, no matter the wishes of their partner.
The Daily Mail, UK
18th February 2009
An adulterous Spanish woman who conceived three children with her lover has been ordered to pay £177,000 in 'moral damages' to her husband.
The cuckolded man had believed that the three children were his until a DNA test eventually proved they were fathered by another man.
The husband, who along with the other man cannot be named for legal reasons to protect the children's identities, suspected his second wife may have been unfaithful in 2001.
Unfaithful mother fined $120,170
Unfaithful mother fined $120,170
From correspondents in Rio de Janeiro
September 18, 2007
A BRAZILIAN woman has been ordered by the country's Supreme Court to pay a hefty fine to her husband for failing to mention that he was not the father of two of their children.
The Rio de Janeiro woman, whose identity was not disclosed, was ordered to pay her husband over $US100,000 ($120,170 Australian Dollars) for having hidden from him for almost two decades that the children in question were fathered by a lover, the court's offices said yesterday.
The husband also had sought damages from his wife's lover, the court said.
December 5, 2002
I read a USA Today article on child support by Martin Kasindorf entitled, Men wage battle on 'paternity fraud'. Paternity fraud is when a woman names the wrong man as a father for the purpose of forcing him to pay child support. The words 'paternity fraud' were in quotes as if they referred to someone's questionable characterization rather than a straightforward fact. This might have moved me to let out a long sigh except that I knew it would not have been worth the trouble. I know from experience that 'paternity fraud' would not have been in quotes unless we were being prepared for some unadulterated bullshit. Read More ..
Up to three million Britons may be wrong about who their real father is , experts claim. But using DNA paternity tests to discover the truth can cause its own problems.
BBC, U.K., May 16, 2003
Dad's got blue eyes, Baby brown...
When Tessa found out she was pregnant after fertility treatment, she felt a mix of delight and doubt.
This wasn't simply pre-baby nerves - she suspected that her husband might not be the father. For Tessa had started sleeping with a colleague when the stress of the ongoing treatment became too much.
Keen to build a family with her husband, she let him believe the baby was his. But her lover threatened to reveal all if she ended the affair, and Tessa soon fell pregnant again. This time, her lover started to make nuisance calls to her home.
Tessa had no choice but to tell her husband. "I said to him, 'I've had an affair and you may not be the father of my children.' So with that, he went up the stairs, got dressed and left. And that was it," Tessa says in Women Who Live a Lie, a programme for the BBC's Five Live Report.
Sydney Morning Herald, Australia
January 15, 2009
BEAUTIFUL women who have affairs can now blame it on their sex hormones.
Women with higher levels of oestradiol, a form of oestrogen, not only look and feel Read More ..tractive, they are also more likely to cheat on their partners, a new study has found.
One-night-stands are not what interest these flirtatious females, who tend to have bigger breasts, relatively small waists and symmetrical faces as a result of their high levels of oestradiol.
Rather, they adopt a strategy of serial monogamy, say the researchers, led by Kristina Durante of the University of Texas. Read More ..
THERE IS A story I used to find hilarious in my high school years about a not too bright man. He was light skinned, his wife was of similar hue, but their first child was born with very dark complexion (darker dan Bello, blacker dan Blakka).
When the man wondered aloud about the baby's complexion his wife assured him that the child was born dark because the child was conceived in darkness (they had sex with the lights off). The man accepted the explanation. Because he loved his wife dearly, he also ignored the fact that the child had other obvious signs of resemblance to the young dark skinned man who did their gardening. To fix the problem, the husband put flood lights, strobe lights, spotlights and forty other lights in the bed room so there would be no more darkness to create dark babies.