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CA Court Overturns Paternity Fraud- Finally



 
 
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  #1  
Old July 21st 04, 05:29 AM
Andre Lieven
external usenet poster
 
Posts: n/a
Default CA Court Overturns Paternity Fraud- Finally


Court upholds man's right to not be forced to pay child support for
another man's children.

ATLANTA, GA (PRWEB) July 19, 2004 -- In a precedent-setting case
(County of Los Angeles v. Manuel Navarro, B155166, California Court of
Appeals, 2nd district, Division 8, filed 6-30-04) with major national
implications, a California appellate court reversed a trial court
ruling that forced Manuel Navarro to financially support another man's
children. Navarro has no relationship with the children, and he proved
by DNA testing that he is not the children's biological father.

After years of court battles to vacate his paternity judgment, Navarro
has finally found legal relief for his paternity fraud situation - at
least temporarily. Los Angeles County was attempting to force Manuel
Navarro to pay $247 a month in child support for 2 boys born in
December 1995. It turns out that a "Manuel Nava" had been named as the
dad, which resulted in the County's paternity complaint against Navarro
in March 1996. Navarro says he never received the summons to pay child
support. In addition, he has always denied paternity of the 2 boys.
When Navarro did not respond to the complaint within the required 30
days, in July 1996 the court declared Navarro the legal father in a
default paternity judgment and set up child support payments.

According to the National Family Justice Association (NFJA), the
Navarro case is not unusual. Glenn Sacks and Dianna Thompson wrote that
in 2000 in Los Angeles County, 79 percent of paternity judgments were
default judgments. Nicholas Riccardi and Greg Krikorian wrote about L.A.
County in a 1998 Los Angeles Times report on child support, "No one knows
how many men are wrongfully pursued for child support, though the
district attorney's own records show that on average more than 350 a
month are incorrectly named as fathers."

The National Family Justice Association says paternity fraud is not only
a problem in California; it's much more pervasive. A fact that many find
astonishing is that many men nationwide are forced by court order to pay
child support for other men's children, or face jail time or other harsh
punitive measures such as liens, loss of driver's and business licenses,
damaged credit reports, garnishments, and income tax refund and bank
account seizures. These deceived men are referred to as "duped dads" by
some. In 2000, The American Association of Blood Banks found that in
almost 30 percent of the paternity tests conducted the man being tested
was not the biological father.

According to Carnell Smith, NFJA executive director and the driving force
behind the landmark Georgia paternity fraud legislation that became law
on May 9, 2002, "This is a huge problem. We estimate that as many as 1 to
3 million men are victims of paternity fraud, and many don't even know it.
I have to commend this California appellate court who made a brave,
correct, and common sense ruling that recognizes true family values. The
court wrote in strong language that 'We will not sully our hands by
participating in an unjust, and factually unfounded, result.' I say, good
for them for telling the truth. Too many families - including men, women,
and children - are suffering under archaic laws regarding paternity.
Paternity fraud is also one consequence of marital infidelity that is
little touched upon. What do you do when an extramarital affair results
in a pregnancy?"

NFJA believes biological parents have a fundamental liberty interest to
love and raise their own children without unnecessary and unfair state
intrusion into the private realm of the family.. It is a basic and
precious right.

"We owe it to our children that they have the opportunity to know their
biological parents. As a society, we can't just say any man will do as
dad, which is what we are really saying when we nonchalantly name a
'legal father' by default or otherwise. This devalues fathers and
fatherhood," said Carnell Smith.

Smith believes children deserve to know the biological truth about their
parentage. He says paternity fraud also cuts children off from their
biological fathers and their extended families, including paternal
grandparents who simply want to love the child.

"Of course, duped dads who have grown to love the children as their own
are important too, but a child has enough love for both 'dads.' It's up
to the adults involved to understand what the child inherently understands.
Any child has enough love to go around, and children thrive the more
people love them," said Smith.

NFJA would like to encourage Governor Arnold Schwarzenegger to look into
the paternity fraud issue in his state. We hope that he will act to correct
the default problem that is rampant in California and also help all
California families that are ensnared by paternity fraud. NFJA is ready
and willing to provide educational support on paternity fraud to Gov.
Schwarzenegger, if requested.

"These cases are clearly unjust. For example, two former members of the
military - a married couple - testified regarding their paternity fraud
case at a public California Senate Judiciary hearing. The wife showed two
valid child support court orders for two different men who were both
ordered to pay child support for the same child. It was shocking. This
child had two 'dads' paying child support," said Smith. "In part, because
of situations like this, too many men fear courts and relationships. Some
of them avoid marriage and commitment after seeing what happens to their
friends and relatives in court. With the way things stand now, I can't
blame them. Somebody please warn our military men, "said Smith.

According to NFJA, this new California Second Appellate District ruling
may offer hope to "duped dads" like California father, Bert Riddick.
Riddick, his wife, and 3 children suffer as a result of a California
default paternity judgment which, according to Thompson and Sacks,
demands that he pay $1400 a month in child support and arrearages for a
child proven by DNA testing not to be his and whom he has never met.

"Would somebody please step forward to do the right thing to help these
families? They and their children have been suffering for years. It's
time to stop this blatant injustice. They shouldn't have to wait any
longer for relief," said Smith.

For more information or to book media interviews with NFJA executive
director, Carnell Smith, please call the National Family Justice
Association (NFJA) at (330) 534-3510 or e-mail NFJA, care of Jane
Spies, at Visit www.NFJA.org for more information.

# # #



--
" I'm a man... But, I can change... If I have to... I guess. "
The Man Prayer, Red Green.
  #2  
Old July 21st 04, 01:54 PM
Fido
external usenet poster
 
Posts: n/a
Default CA Court Overturns Paternity Fraud- Finally




This is a vitally important case.

Anyone who thinks that there are not gross injustices being committed
against men for political purposes should look at the THOUSANDS of cases
in California where men are having 1/3 or more of their pay withheld to
pay child support for children that are not theirs, have had no chance to
protest the paternity finding and have NO legal recourse in that
situation.

It has been a bizzare stuation - and repeated elsewhere in the US and
world in various degrees.


This ruling is a light at the end of the tunnel. It will be interesting to
see if the county will appeal the finding - anybody hear anything about
that?



Best - Fido





(Andre Lieven) wrote in
:


Court upholds man's right to not be forced to pay child support for
another man's children.

ATLANTA, GA (PRWEB) July 19, 2004 -- In a precedent-setting case
(County of Los Angeles v. Manuel Navarro, B155166, California Court of
Appeals, 2nd district, Division 8, filed 6-30-04) with major national
implications, a California appellate court reversed a trial court
ruling that forced Manuel Navarro to financially support another man's
children. Navarro has no relationship with the children, and he proved
by DNA testing that he is not the children's biological father.

After years of court battles to vacate his paternity judgment, Navarro
has finally found legal relief for his paternity fraud situation - at
least temporarily. Los Angeles County was attempting to force Manuel
Navarro to pay $247 a month in child support for 2 boys born in
December 1995. It turns out that a "Manuel Nava" had been named as the
dad, which resulted in the County's paternity complaint against Navarro
in March 1996. Navarro says he never received the summons to pay child
support. In addition, he has always denied paternity of the 2 boys.
When Navarro did not respond to the complaint within the required 30
days, in July 1996 the court declared Navarro the legal father in a
default paternity judgment and set up child support payments.

According to the National Family Justice Association (NFJA), the
Navarro case is not unusual. Glenn Sacks and Dianna Thompson wrote that
in 2000 in Los Angeles County, 79 percent of paternity judgments were
default judgments. Nicholas Riccardi and Greg Krikorian wrote about
L.A. County in a 1998 Los Angeles Times report on child support, "No
one knows how many men are wrongfully pursued for child support, though
the district attorney's own records show that on average more than 350
a month are incorrectly named as fathers."

The National Family Justice Association says paternity fraud is not
only a problem in California; it's much more pervasive. A fact that
many find astonishing is that many men nationwide are forced by court
order to pay child support for other men's children, or face jail time
or other harsh punitive measures such as liens, loss of driver's and
business licenses, damaged credit reports, garnishments, and income tax
refund and bank account seizures. These deceived men are referred to as
"duped dads" by some. In 2000, The American Association of Blood Banks
found that in almost 30 percent of the paternity tests conducted the
man being tested was not the biological father.

According to Carnell Smith, NFJA executive director and the driving
force behind the landmark Georgia paternity fraud legislation that
became law on May 9, 2002, "This is a huge problem. We estimate that as
many as 1 to 3 million men are victims of paternity fraud, and many
don't even know it. I have to commend this California appellate court
who made a brave, correct, and common sense ruling that recognizes true
family values. The court wrote in strong language that 'We will not
sully our hands by participating in an unjust, and factually unfounded,
result.' I say, good for them for telling the truth. Too many families
- including men, women, and children - are suffering under archaic laws
regarding paternity. Paternity fraud is also one consequence of marital
infidelity that is little touched upon. What do you do when an
extramarital affair results in a pregnancy?"

NFJA believes biological parents have a fundamental liberty interest to
love and raise their own children without unnecessary and unfair state
intrusion into the private realm of the family.. It is a basic and
precious right.

"We owe it to our children that they have the opportunity to know their
biological parents. As a society, we can't just say any man will do as
dad, which is what we are really saying when we nonchalantly name a
'legal father' by default or otherwise. This devalues fathers and
fatherhood," said Carnell Smith.

Smith believes children deserve to know the biological truth about
their parentage. He says paternity fraud also cuts children off from
their biological fathers and their extended families, including
paternal grandparents who simply want to love the child.

"Of course, duped dads who have grown to love the children as their own
are important too, but a child has enough love for both 'dads.' It's up
to the adults involved to understand what the child inherently
understands. Any child has enough love to go around, and children
thrive the more people love them," said Smith.

NFJA would like to encourage Governor Arnold Schwarzenegger to look
into the paternity fraud issue in his state. We hope that he will act
to correct the default problem that is rampant in California and also
help all California families that are ensnared by paternity fraud. NFJA
is ready and willing to provide educational support on paternity fraud
to Gov. Schwarzenegger, if requested.

"These cases are clearly unjust. For example, two former members of the
military - a married couple - testified regarding their paternity fraud
case at a public California Senate Judiciary hearing. The wife showed
two valid child support court orders for two different men who were
both ordered to pay child support for the same child. It was shocking.
This child had two 'dads' paying child support," said Smith. "In part,
because of situations like this, too many men fear courts and
relationships. Some of them avoid marriage and commitment after seeing
what happens to their friends and relatives in court. With the way
things stand now, I can't blame them. Somebody please warn our military
men, "said Smith.

According to NFJA, this new California Second Appellate District ruling
may offer hope to "duped dads" like California father, Bert Riddick.
Riddick, his wife, and 3 children suffer as a result of a California
default paternity judgment which, according to Thompson and Sacks,
demands that he pay $1400 a month in child support and arrearages for a
child proven by DNA testing not to be his and whom he has never met.

"Would somebody please step forward to do the right thing to help these
families? They and their children have been suffering for years. It's
time to stop this blatant injustice. They shouldn't have to wait any
longer for relief," said Smith.

For more information or to book media interviews with NFJA executive
director, Carnell Smith, please call the National Family Justice
Association (NFJA) at (330) 534-3510 or e-mail NFJA, care of Jane
Spies, at
Visit www.NFJA.org for more information.

# # #



--
" I'm a man... But, I can change... If I have to... I guess. "
The Man Prayer, Red Green.


  #3  
Old July 21st 04, 01:54 PM
Fido
external usenet poster
 
Posts: n/a
Default CA Court Overturns Paternity Fraud- Finally




This is a vitally important case.

Anyone who thinks that there are not gross injustices being committed
against men for political purposes should look at the THOUSANDS of cases
in California where men are having 1/3 or more of their pay withheld to
pay child support for children that are not theirs, have had no chance to
protest the paternity finding and have NO legal recourse in that
situation.

It has been a bizzare stuation - and repeated elsewhere in the US and
world in various degrees.


This ruling is a light at the end of the tunnel. It will be interesting to
see if the county will appeal the finding - anybody hear anything about
that?



Best - Fido





(Andre Lieven) wrote in
:


Court upholds man's right to not be forced to pay child support for
another man's children.

ATLANTA, GA (PRWEB) July 19, 2004 -- In a precedent-setting case
(County of Los Angeles v. Manuel Navarro, B155166, California Court of
Appeals, 2nd district, Division 8, filed 6-30-04) with major national
implications, a California appellate court reversed a trial court
ruling that forced Manuel Navarro to financially support another man's
children. Navarro has no relationship with the children, and he proved
by DNA testing that he is not the children's biological father.

After years of court battles to vacate his paternity judgment, Navarro
has finally found legal relief for his paternity fraud situation - at
least temporarily. Los Angeles County was attempting to force Manuel
Navarro to pay $247 a month in child support for 2 boys born in
December 1995. It turns out that a "Manuel Nava" had been named as the
dad, which resulted in the County's paternity complaint against Navarro
in March 1996. Navarro says he never received the summons to pay child
support. In addition, he has always denied paternity of the 2 boys.
When Navarro did not respond to the complaint within the required 30
days, in July 1996 the court declared Navarro the legal father in a
default paternity judgment and set up child support payments.

According to the National Family Justice Association (NFJA), the
Navarro case is not unusual. Glenn Sacks and Dianna Thompson wrote that
in 2000 in Los Angeles County, 79 percent of paternity judgments were
default judgments. Nicholas Riccardi and Greg Krikorian wrote about
L.A. County in a 1998 Los Angeles Times report on child support, "No
one knows how many men are wrongfully pursued for child support, though
the district attorney's own records show that on average more than 350
a month are incorrectly named as fathers."

The National Family Justice Association says paternity fraud is not
only a problem in California; it's much more pervasive. A fact that
many find astonishing is that many men nationwide are forced by court
order to pay child support for other men's children, or face jail time
or other harsh punitive measures such as liens, loss of driver's and
business licenses, damaged credit reports, garnishments, and income tax
refund and bank account seizures. These deceived men are referred to as
"duped dads" by some. In 2000, The American Association of Blood Banks
found that in almost 30 percent of the paternity tests conducted the
man being tested was not the biological father.

According to Carnell Smith, NFJA executive director and the driving
force behind the landmark Georgia paternity fraud legislation that
became law on May 9, 2002, "This is a huge problem. We estimate that as
many as 1 to 3 million men are victims of paternity fraud, and many
don't even know it. I have to commend this California appellate court
who made a brave, correct, and common sense ruling that recognizes true
family values. The court wrote in strong language that 'We will not
sully our hands by participating in an unjust, and factually unfounded,
result.' I say, good for them for telling the truth. Too many families
- including men, women, and children - are suffering under archaic laws
regarding paternity. Paternity fraud is also one consequence of marital
infidelity that is little touched upon. What do you do when an
extramarital affair results in a pregnancy?"

NFJA believes biological parents have a fundamental liberty interest to
love and raise their own children without unnecessary and unfair state
intrusion into the private realm of the family.. It is a basic and
precious right.

"We owe it to our children that they have the opportunity to know their
biological parents. As a society, we can't just say any man will do as
dad, which is what we are really saying when we nonchalantly name a
'legal father' by default or otherwise. This devalues fathers and
fatherhood," said Carnell Smith.

Smith believes children deserve to know the biological truth about
their parentage. He says paternity fraud also cuts children off from
their biological fathers and their extended families, including
paternal grandparents who simply want to love the child.

"Of course, duped dads who have grown to love the children as their own
are important too, but a child has enough love for both 'dads.' It's up
to the adults involved to understand what the child inherently
understands. Any child has enough love to go around, and children
thrive the more people love them," said Smith.

NFJA would like to encourage Governor Arnold Schwarzenegger to look
into the paternity fraud issue in his state. We hope that he will act
to correct the default problem that is rampant in California and also
help all California families that are ensnared by paternity fraud. NFJA
is ready and willing to provide educational support on paternity fraud
to Gov. Schwarzenegger, if requested.

"These cases are clearly unjust. For example, two former members of the
military - a married couple - testified regarding their paternity fraud
case at a public California Senate Judiciary hearing. The wife showed
two valid child support court orders for two different men who were
both ordered to pay child support for the same child. It was shocking.
This child had two 'dads' paying child support," said Smith. "In part,
because of situations like this, too many men fear courts and
relationships. Some of them avoid marriage and commitment after seeing
what happens to their friends and relatives in court. With the way
things stand now, I can't blame them. Somebody please warn our military
men, "said Smith.

According to NFJA, this new California Second Appellate District ruling
may offer hope to "duped dads" like California father, Bert Riddick.
Riddick, his wife, and 3 children suffer as a result of a California
default paternity judgment which, according to Thompson and Sacks,
demands that he pay $1400 a month in child support and arrearages for a
child proven by DNA testing not to be his and whom he has never met.

"Would somebody please step forward to do the right thing to help these
families? They and their children have been suffering for years. It's
time to stop this blatant injustice. They shouldn't have to wait any
longer for relief," said Smith.

For more information or to book media interviews with NFJA executive
director, Carnell Smith, please call the National Family Justice
Association (NFJA) at (330) 534-3510 or e-mail NFJA, care of Jane
Spies, at
Visit www.NFJA.org for more information.

# # #



--
" I'm a man... But, I can change... If I have to... I guess. "
The Man Prayer, Red Green.


  #4  
Old July 21st 04, 01:54 PM
Fido
external usenet poster
 
Posts: n/a
Default CA Court Overturns Paternity Fraud- Finally




This is a vitally important case.

Anyone who thinks that there are not gross injustices being committed
against men for political purposes should look at the THOUSANDS of cases
in California where men are having 1/3 or more of their pay withheld to
pay child support for children that are not theirs, have had no chance to
protest the paternity finding and have NO legal recourse in that
situation.

It has been a bizzare stuation - and repeated elsewhere in the US and
world in various degrees.


This ruling is a light at the end of the tunnel. It will be interesting to
see if the county will appeal the finding - anybody hear anything about
that?



Best - Fido





(Andre Lieven) wrote in
:


Court upholds man's right to not be forced to pay child support for
another man's children.

ATLANTA, GA (PRWEB) July 19, 2004 -- In a precedent-setting case
(County of Los Angeles v. Manuel Navarro, B155166, California Court of
Appeals, 2nd district, Division 8, filed 6-30-04) with major national
implications, a California appellate court reversed a trial court
ruling that forced Manuel Navarro to financially support another man's
children. Navarro has no relationship with the children, and he proved
by DNA testing that he is not the children's biological father.

After years of court battles to vacate his paternity judgment, Navarro
has finally found legal relief for his paternity fraud situation - at
least temporarily. Los Angeles County was attempting to force Manuel
Navarro to pay $247 a month in child support for 2 boys born in
December 1995. It turns out that a "Manuel Nava" had been named as the
dad, which resulted in the County's paternity complaint against Navarro
in March 1996. Navarro says he never received the summons to pay child
support. In addition, he has always denied paternity of the 2 boys.
When Navarro did not respond to the complaint within the required 30
days, in July 1996 the court declared Navarro the legal father in a
default paternity judgment and set up child support payments.

According to the National Family Justice Association (NFJA), the
Navarro case is not unusual. Glenn Sacks and Dianna Thompson wrote that
in 2000 in Los Angeles County, 79 percent of paternity judgments were
default judgments. Nicholas Riccardi and Greg Krikorian wrote about
L.A. County in a 1998 Los Angeles Times report on child support, "No
one knows how many men are wrongfully pursued for child support, though
the district attorney's own records show that on average more than 350
a month are incorrectly named as fathers."

The National Family Justice Association says paternity fraud is not
only a problem in California; it's much more pervasive. A fact that
many find astonishing is that many men nationwide are forced by court
order to pay child support for other men's children, or face jail time
or other harsh punitive measures such as liens, loss of driver's and
business licenses, damaged credit reports, garnishments, and income tax
refund and bank account seizures. These deceived men are referred to as
"duped dads" by some. In 2000, The American Association of Blood Banks
found that in almost 30 percent of the paternity tests conducted the
man being tested was not the biological father.

According to Carnell Smith, NFJA executive director and the driving
force behind the landmark Georgia paternity fraud legislation that
became law on May 9, 2002, "This is a huge problem. We estimate that as
many as 1 to 3 million men are victims of paternity fraud, and many
don't even know it. I have to commend this California appellate court
who made a brave, correct, and common sense ruling that recognizes true
family values. The court wrote in strong language that 'We will not
sully our hands by participating in an unjust, and factually unfounded,
result.' I say, good for them for telling the truth. Too many families
- including men, women, and children - are suffering under archaic laws
regarding paternity. Paternity fraud is also one consequence of marital
infidelity that is little touched upon. What do you do when an
extramarital affair results in a pregnancy?"

NFJA believes biological parents have a fundamental liberty interest to
love and raise their own children without unnecessary and unfair state
intrusion into the private realm of the family.. It is a basic and
precious right.

"We owe it to our children that they have the opportunity to know their
biological parents. As a society, we can't just say any man will do as
dad, which is what we are really saying when we nonchalantly name a
'legal father' by default or otherwise. This devalues fathers and
fatherhood," said Carnell Smith.

Smith believes children deserve to know the biological truth about
their parentage. He says paternity fraud also cuts children off from
their biological fathers and their extended families, including
paternal grandparents who simply want to love the child.

"Of course, duped dads who have grown to love the children as their own
are important too, but a child has enough love for both 'dads.' It's up
to the adults involved to understand what the child inherently
understands. Any child has enough love to go around, and children
thrive the more people love them," said Smith.

NFJA would like to encourage Governor Arnold Schwarzenegger to look
into the paternity fraud issue in his state. We hope that he will act
to correct the default problem that is rampant in California and also
help all California families that are ensnared by paternity fraud. NFJA
is ready and willing to provide educational support on paternity fraud
to Gov. Schwarzenegger, if requested.

"These cases are clearly unjust. For example, two former members of the
military - a married couple - testified regarding their paternity fraud
case at a public California Senate Judiciary hearing. The wife showed
two valid child support court orders for two different men who were
both ordered to pay child support for the same child. It was shocking.
This child had two 'dads' paying child support," said Smith. "In part,
because of situations like this, too many men fear courts and
relationships. Some of them avoid marriage and commitment after seeing
what happens to their friends and relatives in court. With the way
things stand now, I can't blame them. Somebody please warn our military
men, "said Smith.

According to NFJA, this new California Second Appellate District ruling
may offer hope to "duped dads" like California father, Bert Riddick.
Riddick, his wife, and 3 children suffer as a result of a California
default paternity judgment which, according to Thompson and Sacks,
demands that he pay $1400 a month in child support and arrearages for a
child proven by DNA testing not to be his and whom he has never met.

"Would somebody please step forward to do the right thing to help these
families? They and their children have been suffering for years. It's
time to stop this blatant injustice. They shouldn't have to wait any
longer for relief," said Smith.

For more information or to book media interviews with NFJA executive
director, Carnell Smith, please call the National Family Justice
Association (NFJA) at (330) 534-3510 or e-mail NFJA, care of Jane
Spies, at
Visit www.NFJA.org for more information.

# # #



--
" I'm a man... But, I can change... If I have to... I guess. "
The Man Prayer, Red Green.


 




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