Last May, the
state of Georgia enacted legislation that would allow a man to stop paying
court-ordered support if DNA tests prove that he is not the father of
the child in question. Although this seems like a genuine no-brainer,
the decision has set off howling in some circles. Most states make it
extremely difficult for men to disestablish paternity once they have acknowledged
it.
It works something
like this: Bill and Becky are married. Later, for whatever reason, Becky
has an affair with Bill's fishing buddy, John, and becomes pregnant with
John's child. Bill has no clue that Becky has been cheating on him and
neither Becky nor John ever spill the beans. The child is born and Bill
believes that little Billy Jr., his son. A year later, Bill and Becky
go through a nasty divorce and Bill gets slapped with a zillion dollars
a month in child support. Bill pays willingly to support his son. A couple
of years later John, in a moment of remorse, confesses to Bill that Billy
Jr., in reality, Johnny, Jr. (Oops!). Bill has a paternity test and-surprise-he
is NOT the dad! Too bad, the court says. He has to pay anyway until Billy,
Jr., (or Johnny, Jr.) turns 18.
The practice
stems from a 500-year-old practice of English common law that presumes
that a man is the legal father of any children born to his wife during
their marriage. The Associated Press reported on the story of Dan Conners,
39, who was forced to pay $1,400 a month to support a girl whohe learned
six years after her birthwas not his daughter. Conners was willing to
pay the support as long as he believed that he was the father but, when
blood tests proved that he was not, he tried to nullify the court ordered
support. Nay, said the court. You shall pay anyway. "It's not American!"
said Conners. Oh, but it is, say most states in the Union, although twelve
states allow disestablishment of paternity in some circumstances and Vermont,
Michigan, Massachusetts, and, now, California, have introduced legislative
measures similar to Georgia's.
Believe it
or not, there are people who oppose these legislative measures. Valerie
Ackerman, a lawyer for the National Center for Youth Law in Oakland, is
opposed to California's attempt to rectify a terrible unfair situation.
"If somebody's been supporting a child, you can't just choose to
pull the plug because you find out biology is not an element of that paternal
relationship," said lawyer Ackerman. Oh? Why not? The poor, deceived,
and betrayed husband (assuming there was a marriage) has been supporting
a child for years that wasn't his in the first place. Why does Ackerman
desire to continue the injustice? Here's a thoughtlet the wife who betrayed
her husband go






Easy button Return it to long suffering taxpayers including those who have paid huge tabs to educate other people's kids…