Paternity Fraud Solutions
SOLUTION: Part II (Authored by Nadine Ziskind)
There should be a system to encourage and enforce restitution where there has been fraud or error in divorces and child support cases which occurred before required DNA paternity testing.
There should be restitution in past divorce and child support cases where child support was paid and DNA evidence later proved that the husband or alleged father was not the biological father.
The amount of the restitution should be the entire amount paid for the child or children in question, plus interest. The amount should be calculated by setting up a schedule where each child support payment should be treated as if it were a deposit into a savings account at compound interest.
- If the mother offers restitution without being asked, the interest rate used should be six percent and the compounding rate should
be monthly. Criminal proceedings against the mother for fraud would be disallowed.
- If the alleged father requests restitution and the mother agrees without argument, the interest rate used should be eight percent and the compounding rate should be monthly. Criminal proceedings against the mother for fraud would be disallowed.
- If the alleged father requests restitution and the mother refuses the request, and DNA paternity testing proves the father's allegation of non-paternity, the interest rate should be ten percent, and the compounding should be semi-monthly or weekly (depending on the payment frequency in the original child support order). In this instance, the mother should pay for the paternity test and court costs. Criminal proceedings by a District Attorney against the mother for fraud would be permitted.
- The amount (principal and interest) should be paid in a lump sum.
I believe that modifying the Georgia Code (OCGA) as outlined above will go a long way toward correcting both future and past child support abuses. I look forward to your reply concerning "how to" initiate changes in Georgia law to protect the innocent victims, like me.
Don't forget, Fraud is a crime!
Mr. Carnell A Smith Sr.