North Carolina lawmakers say stop paternity fraud … sorta
2009 is the year to free the NC slaves … keep reading
An affiliate in North Carolina that has been quite successful in getting her husband’s paternity fraud story in the local newspaper, television and national radio (Rev Al Sharpton’s ‘Keeping it Real’.
There are two bills (House Bill H 307 and Senate Bill S 587 introduced in the North Carolina legislature for the 2009 – 2010 session. It purports to address DNA paternity testing @ 97% and provide the foundation for vacating paternity fraud cases.
Now before you start celebrating, having dreams of being freed from a state funded paternity fraud trap and supporting yourself and your own children with your own money. Pinch yourself … and read both bills above to see what lurks beneath the veiled freedom.
I read both bills and observed there are some some good points, unfortunately the bad outweighs the good.
Short story is that both bills make any possible relief discretionary for a judge.
This means a paternity fraud victim could prove fraud, duress, mistake of fact, excusable neglect and the family court judge could still make you pay child support.
Don’t forget maintaining the court order is against the will of the paternity fraud victim. The victim cannot say “I have had enough and no longer wish to play … pay“. So, the victim becomes income producing state property a/k/a North Carolina slave.
Some of the problems in the North Carolina bills:
- Discretionary relief by the judge
- Judge can decide bench trial even if you want jury trial.
- NO assurance that a paternity fraud victim will ever be released.
- Paternity fraud victim will be stuck with arrears, if released from the child support order.
- Child’s mother is protected from criminal charges and paternity fraud victim cannot be reimbursed.
All is not lost — the bills can still be modified to be equal to or better than the successful laws in Maryland, Ohio and Georgia. For more information see http://www.paternityfraud.com/state-supported-paternity-fraud-revealed-by-dna-testing.html
A CALL TO ACTION:
Calling all honest citizens of North Carolina and paternity fraud victims confirmed by a legal DNA paternity at zero percent but still trapped under the “pay or go to jail” court order to get involved.
We need “truth in paternity laws on the books”. Please inform our teenaged boys, military men and married men that paternity fraud can be stopped in North Carolina.
- Do you know any military men stationed in North Carolina?
- Do you know a suspected or confirmed paternity fraud victim under a NC order?
- Did you know that we got the Florida law changed with less than 30 paternity fraud victims?
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Carnell Smith PfV
Carnell Smith PfV (celebrating 6th year freed from paternity fraud)
Consultant / Legal DNA / Paternity Fraud Expert / Advocate
Carnell, your work and assignment is urgent and needs to be heard all over America and the world. The family law system in America favors women and mothers. Men must wake up, pay attention, read and learn the law.
Mr. Smith,
We are Americans & must fight for justice & equality. All children deserve to know their biological parentage. The family law system has replaced the two parent home with a child support check. I agree both parents should take care of their children, however it is imperative the correct father is accountable. I not only believe the paternity affidavit should be voided, but all children should be DNA tested prior to any parent name being placed on birth-certificate or paternity establishment. I believe this will eliminate paternity fraud with single fathers as well as marital & relationship cases. Enough is enough.
My husband is still paying child support for a child that we have known for two years is not his. The court system finally gave us a DNA test to see about setting aside the previous order that my husband had signed. We are in North Carolina and I for one am sick and tired of seeing men be used for money.
My Husband retired out of Fort Bragg and paid child support from 2002 thru 2008 for a child that DNA proved is not his biological child. It took years, but finally Cumberland County Court(Judge Steihl) ordered a DNA test which proved 0% probability. My husband is not required to pay child support anymore, but wants to recover all the child support he paid for a child that not is even his. His ex Wife knows who the biological father is but for some odd reason not reveal who he is. My husband is a victim of Paternity Fraud.
Lisa, I have a very simular circumstance to your husbands and cannot get the judge to order a paternity test, but did do it on my own and it shows 0% chance of me being the father. This is how my ex-wife duped me into marrying her “Daddy wallet shopping”. How in the world did you get the judge to order a paternity test? Please email to my email address stoppaternityfraudinarkansas@yahoo.com if you would be so kind.
I am back to let everyone know that justice finally prevailed in North Carolina. I believe I just witnessed the first actual judge admit that the mother committed fraud. The child support lawyer argued that he hoped my husband was happy with trading 28,000 dollars for being a father to the child. The child is still on my insurance even though child support was stopped. I was told I needed to get a paper stating that the order was null and void. My husbands ex has used my insurance since the ordere was set aside. Does anyone here know what to do?? I am tired of having to deal with this woman….especially after she told me and my husband she hopes we burn in Hades. We may but not for setting the truth straight. Where should we go from here?
Hi Jennifer,
Congratulations to you and your husband for finally gaining your freedom. I’m in a similar situation, but I’ve yet been able to get a legal paternity test performed. I performed a home dna test on my own and as I had suspected I’m not the father. I’m dealing with Cleveland County in NC. How were you all successful at getting the courts to order a paternity test be given after the initial 60 day window? Thanks. LorenzoMack@hotmail.com
Lorenzo,
It took us almost two years to get this done. I am unsure about Cleveland County, but Davidson is awful. I compiled every piece of evidence that I could. I printed off the new law that has been passed in North Carolina for paternity fraud. Take all of this and your DNA test to a lawyer. Make sure they understand that the 60 day window is no longer applicable in child support cases.
They have to go through setting aside the first order. DO NOT SIGN anything for the child support office. It is voluntary and they will use that against you.
You have to have the right judge too. One judge we had made us wait until the judge who ordered the paternity test to come back in so he could overturn the first order. Be prepared for the backlash that will come.
We made it very clear that it was not about the money but the principle. Let me know what you are going to do. It only cost us 800.00 and it is also better to have a female represent you. You would be surprised how well the judge will respond to that.
Hi All,
Congratulations to Jennifer House and her husband for escaping the “North Carolina paternity fraud trap”.
There is a slight correction to be noted “NC House bill H307 did not become law, yet” It passed the House of Representatives with a majority vote of 113 to 1.
However, H307 has not moved since referral to the Senate Judiciary I Committee on March 24, 2009. See http://www.ncga.state.nc.us/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=H307&submitButton=Go
A bill has to:
1) pass both legislative houses (House and Senate)
2) then it must be signed by the Governor or joint-house override vote if vetoed to become law on the effective date.
Keep exposing the “state funded legal trap” to military men and parents with teen sons.
Carnell Smith PfV
Man4Justice
http://www.PaternityFraud.com
Jennifer/Carnell,
Thanks to both of you for the information provided. I’ve been waiting for this bill to become law since I first learned of it in February. Jennifer’s husband’s case has truly inspired me to continue this push and fight for freedom. I would like to know who your attorney was, so that I can look at retaining her for my own case. I’m not sure the distance in your county and Cleveland county, but maybe she has a referral if she’s unable to represent me herself. I believe in emplying a winning formula. Carnell is there something that we can do to get this legislation moving again? Also is there something we can do to get it improved as well? Thanks again.
Jennifer,
How the hell did you do it? Congrads. Who was your lawyer. My Case is in Lumberton, Robeson County, NC. All the lawyers there are in each other pockets. If you get a chance, call me at (843) 399-0313.