"You play, you pay" is the response often
given to men who complain about the financial burden of
supporting their offspring. Today, for thousands of Michigan
men, the refrain has become "You didn't play? You pay anyway."
The stories of victims of paternity fraud
often provoke disbelief. Many men are falsely assigned paternity
in default judgments and are compelled by the state to pay 18
years of child support for children whom DNA tests have proved
are not theirs. Many of these men are not properly served notice
of the paternity proceedings, never get their day in court and
have no idea they are "fathers" until their wages are
garnisheed.
Often by the time these men realize what has
been done to them, the statue of limitations for challenging
paternity has already passed, and they lose as much as half
their take-home pay to child support, arrearages, interest, and
penalties -- sometimes to support children they have never even
met.
In other cases, men are misled into
supporting children who are not theirs. Sometimes unwed men are
urged to declare paternity of their girlfriend's or ex-lover's
children at or near birth, and such declarations, when later
found to be the product of deception, are hard to undo. Other
men are deceived by wives who bear children through adulterous
liaisons and who mislead them into thinking that the children
are theirs.
In response to the paternity fraud crisis,
the Michigan House of Representatives unanimously passed two
paternity fraud relief bills last year. House Bill (HB) 4635 and
HB 4636 direct courts to terminate child support obligations and
cancel arrearages for men who can present evidence that they are
not the fathers of the children whom they have been ordered to
support. These bills are with the Senate's Families, Mental
Health and Human Services Committee and will be the subject of a
testimony-only hearing today.
Opponents argue that the bills would hurt
children. However, these critics overlook the fact that when a
father is forced to pay child support and arrearages for a child
who is not his, his own biological children suffer. The children
of falsely identified fathers need not be deprived of child
support, because mothers in these cases can do what they should
have done at the beginning -- disclose the true identity of
their children's fathers so the state can then approach them to
establish paternity and pay child support.
Children are also harmed by the current
system because depriving a child of knowledge of his or her
parentage can have damaging medical implications. For example,
for children facing life-threatening illnesses such as cancers
requiring bone-marrow transplants or other medical emergencies,
knowing their biological heritage can be a matter of life or
death. Also, according to the American Medical Association, it
is important to have an accurate family history because genetic
medicine is increasingly vital in the treatment of many
diseases.
Michigan Family Independence Agency
statistics indicate that 30 percent of the nonmarital paternity
tests performed in Michigan exclude the tested man from being
the child's biological father. The American Association of Blood
Banks, which evaluated 280,000 paternity tests in 1999, found
similar numbers.
Because paternity fraud is so common, several
states, including Georgia earlier this year, have passed
legislation allowing men greater opportunity to challenge
paternity through DNA testing. A similar bill in California was
passed by the Legislature and awaits Gov. Gray Davis' signature.
Alaska has a law that requires unwed parents to establish
paternity through genetic testing, thus insuring that child
support orders are issued only to biological fathers.
Virginia Forton, founder and executive
director of Moms for Dads, a group that supports the proposed
reform legislation, says:
"Under the present system, it is easy for
women to trick men and say 'this is your baby.' And it is the
men who step forward and take responsibility for 'their' kids
who are the ones who are most likely to get trapped. Everybody
involved gets hurt."
This column first appeared in the
Detroit News (9/25/02).
Glenn Sacks writes about gender issues from the male perspective.
He can be reached at Glenn@GlennSacks.com.
Dianna Thompson is the founder
and executive director of the American Coalition for Fathers and
Children (www.acfc.org).
She can be contacted by e-mail at
DThompson2232@aol.com.