In light of a negative paternity test result, the Tennessee Supreme Court will hear arguments in a case involving paternity fraud, and decide if one man has the right to sue for damages after finding out he is not the biological father of a child he supported for about 14 years. The Tennessee Supreme Court will decide if paternity fraud is grounds to sue.
With advances in paternity test sciences it has become easier than ever to determine paternity of a child. IDENTIGENE offers kits for DNA testing that allow you to collect samples in the coziness of your living room. Now Tennessee’s highest court will decide how to handle paternity fraud cases.
Paternity test reveals one story of paternity fraud
Chadwick Craig sued his ex-wife for paternity fraud in 2008. Tina Marie Hodge claimed she actually believed he was the biological father. The presiding judge decided it was her responsibility to inform her ex-husband that there was another possible biological father and obtain paternity testing for verification. Because she did not do this, Mr. Craig was awarded $26,000 for child support and medical expenses, along with $100,000 for emotional distress due to the fraud. But the Tennessee Court of Appeals said no to this award.
Advances in paternity testing
With more men finding out through paternity tests that they are not the actual biological father of their children , some attorney’s believe this is why the State Supreme Court took on the case. They also believe it’s unlikely Mr. Craig will win back the child support payments; however he may win back some of the expenses for emotional distress along with caring for the child .
One study shows an alarming number of negative paternity tests
The Beaumont Enterprise newspaper reports that in 2010 the Tennessee Department of Human Services performed paternity tests on 8,500 men who had been identified as the biological father of children. The report indicates more than 2,100 (about 25%) of the alleged fathers who participated in paternity testing were not the biological fathers of the children they were tested with.
How do you think the Tennessee Supreme Court should rule in this case?
OnewhohasbeenFrauded says
Paternity Fraud is no different than any other fraud perpetuated by a man or a woman. Why should DND tested fathers (that is we are required to pay child support) be held to a standard higher than the woman who Frauds a father (that is they are not held accountable to – one – TELL the Truth and two – BE REQUIRED to meet the same payback requirements that men are required to do! Not reversing a previous child support order and not awarding “damages” seems to me to FUTHER SUPPORT the 25% fraud perpetuated by mothers who were lets far less than truthful about their relations with men! Women thus are allowed to “save face” and cause another man (sometimes a husband) to pay for unjust and undue child support… SO here is my comment!
secondwife says
I think they should throw her in jail. Award him all back child support and damages. The first judge had it correct. If you even think there might be another father you need to tell both men. This kind of fraud MUST be stopped. She darn well knew there could have been another father. If she stole money from a company or went into someone’s bank account and stole money it would be the same. FRAUD! This is worse because of the emotional damage that can be caused. Loving a child that is not yours. Then there are problems if the man wants to continue a father child relationship they are often told they can not because they are not paying support and if they don’t people just think it is awful. I know my husband went thru this first hand with a child he found out at 12 was not his. Now he can not just forget about her and we have fights all the time. We have a child of our own right now and its hard for him to write the other child off even though he should. God she could end up as crazy as her mother!!! I do not want that kid in out lives and it has caused me damage also. I wish they would lock his ex up and throw away the key. Then any and all assets should go to the damaged party. The child should be put to live with grandparents or foster care. URGH!! I hate this system and I guess my husband was actually somewhat lucky as once she found out and we live in GA which does have laws against this he was let out of future obligations. Past support though we will never see over 40K.makes me soooo mad!
Ktribertd says
I Am a woman and I feel that a man should take care of his responsibilities but a woman should also take care of hers, therefore if he had to pay child support for child that is his she should have to repay the money for child took care of that was not his. It will be the same as a person being forced to provide shelter food and clothing for someone they are not responsible for.