Besides having 30 days to respond to a paternity complaint, an accused father in California has 180 days to contest a child support order and two years from birth to challenge paternity using DNA evidence (unless he has signed a voluntary declaration of paternity in the hospital under the federal government's new Paternity Opportunity Program, in which case he has just 60 days). If, for what-ever reasons, any of these deadlines aren't met, no amount of evidence can move the state to review the case
Taron James could be slapped with a support bill for thousands of dollars from Los Angeles County in 2002, and continue to be barred from using his notary public license, even after producing convincing DNA evidence and notarized testimony from the mother that her 11-year-old son, whom he's seen exactly once and looks nothing like, is not his child and that she no longer seeks his support. James says his name was placed on the child's birth certificate without his consent while he was on a Navy tour of duty; then the mother refused to take blood tests for eight years, and he became aware of a default order against him only when the Department of Motor Vehicles refused to issue him a driver's license in October 1996. By that time, James had missed all the relevant deadlines, the court was unimpressed with his tale of woe, and he has since coughed up $14,000 in child support via liens and garnishments.
I contact Child Support Services, and their whole thing is, 'Take us to court. You don't like what we're doing, take us to court,'" he says. "Whether or not you're the biological father doesn't matter -- if someone's got your name, and you've...failed to participate in the court date, then you have an obligation to pay child support, period."
U.S. Citizens Against Paternity Fraud, founded by a Georgia engineer named Carnell Smith.
Smith paid more than $40,000 in support over 11 years to an ex-girlfriend's child he assumed to be his, until she requested more money in 1999. He then took a DNA test and discovered he wasn't the father, but the court ordered him to pay $120,000 anyway.
For single mothers and their children, the legal climate obviously has changed much for the better.
Which helps explain why
so many feminist groups and politicians have dug in their heels to block paternity reform bills.
any change that prevents some unjustly named fathers from supporting kids they didn't sire reduces the amount of money children and single mothers receive while increasing states' welfare payouts.
"This bill says the donation of genetic material makes a father. I don't agree."
"Sheila said to me one day in a hearing room: 'You know, I understand that, through the convergence of science and thousand-year-old common law, we have to work toward a kind of balance. And I side with the kids; I don't really care about this guy.'"
