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Paternity fraud

California courts give woman child support and a homeless man’s inheritance even though DNA test says no and so does the woman’s daughter!

July 29th, 2010
By Harry Crouch
Article Source
Posted in Child support, Paternity fraud, discrimination against men

This is an absolute egregious miscarrage of what “justice” used to mean.

 

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National Coalition For Men

 

 Working together since 1977 to free men from sex discrimination

 ncfm.org

 

Contact: Marc E. Angelucci, Esq. (626-319-3081) marcangelucci@hotmail.com

For Immediate Release

Los Angeles/July 29, 2010 - On July 28, 2010, the California Supreme Court declined to review a decision from the Third District Court of Appeal in San Diego, California that upheld an order forcing a Hari Wilburn to pay tens of thousands of dollars in child support for a child that is not his, even though DNA excludes him as the biological father and he never acted as the father. On August 17, 2010, at 9:30 a.m., the probate court in Department 2 of the San Diego Superior Court will hear the mother’s request to intercept Mr. Wilburn’s inheritance from his deceased mother in order to pay the child support order from 1991. (Hari Wilburn v. Cathy Tate.)

Mr. Wilburn was represented at the appellate level by attorney Marc E. Angelucci of the Men’s Legal Center, who founded the Los Angeles chapter of the National Coalition For Men (”NCFM”). NCFM, a nonprofit organization that addresses the ways sex discrimination affects men and boys and helped change California law in 2005 to help protect men from false paternity claims, supported Mr. Wilburn’s appeal and denounces the injustice of forcing the wrong persons to pay support.

In 1991, Cathy Tate named Mr. Wilburn as the father of her five-year-old child Alexis in a restraining order proceeding in San Diego. Mr. Wilburn, who was homeless, was never personally served and there is no record of any service except by mail to Mr. Wilburn’s mother’s address, which is not legally proper. Nonetheless, the court found Mr. Wilburn was served, issued a restraining order and ordered Mr. Wilburn to pay child support. Mr. Wilburn was not present in the court hearing.

Seventeen years later, in 2008, Ms. Tate asked the probate court to intercept tens of thousands of dollars Mr. Wilburn was about to inherit from his deceased mother, based on the 1991 support order. Mr. Wilburn’s family tracked down 22 year old Alexis and asked her to take a DNA test, which excluded Mr. Wilburn as Alexis’ biological father. Mr. Wilburn’s family hired an attorney, who filed a motion challening the child support order. Alexis signed a sworn declaration stating Mr. Wilburn never acted as her father and that she only saw him a few times in her life. The San Diego Superior Court denied the motion, ruling Mr. Wilburn should have challenged the order sooner, despite the fact that he was homeless and living under a bridge. On appeal, the Third District Court of Appeal upheld the order on the same grounds, and the California Supreme Court declined review.

“This is totally unjust,” said Angelucci. “It is wrong for the courts to force a man to pay child support for a child that is not his, especially where he never acted as the child’s father, like in Mr. Wilburn’s case.”

According to the American Association of Blood Banks, 30 percent of DNA paternity tests nationwide turn out negative. “That’s out of about 300,000 tests per year nationwide,” said Angelucci. “In raw numbers that amounts to at least 100,000 negative results per year in the U.S., and that’s only the men who get tested. So this is a serious, under addressed problem.”

SOURCES:

Wilburn v. Tate appellate decision
http://www.morelaw.com/verdicts/case.asp?n=D054609&s=CA&d=43649

“Who Knew I Was Not the Father?” by Ruth Padawer
http://www.nytimes.com/2009/11/22/magazine/22Paternity-t.html?_r=2&ref=magazine

____________________________________________________END

 Harry CrouchPresident, National Coalition For Men IMPORTANT: The National Coalition For Men (NCFM - www.ncfm.org ) is qualified to accept donations from United States government and military personnel worldwide through the “International” Combined Federal Campaign (http://www.opm.gov/cfc/). If you are a U.S. Federal employee please consider donating to NCFM. Our CFC# is 17785, please pass it on. If you are not a federal employee please encourage your federal employee friends and acquaintances to donate to NCFM through the CFC. Join NCFM on facebook http://facebook.ncfm.org - and pass it around so others can join too! Dedicated to men, their families, children, and the women who love them. California Men’s Center is primarily funded by donations from individuals and by the National Coalition for Men (NCFM). There is no paid staff. All donations help. Your donation can made by Internet by clicking on this DONATE.  NCFM-SD is a tax exempt 501(c)3 organization - or go to http://tinyurl.com/559zjt (you may have to cut and paste that into your browser) Call us for help with your child custody dispute. We provide Family Court Services mediation prepartion too. Need a paternity test or information about paternity fraud? Go to PaternityFraudDNA.com. Read the story to understand the full impact of paternity fraud. 

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Reasons Why Women Make False Accusations

November 17th, 2009
By Harry Crouch
Article Source
Posted in Domestic abuse/violence, False Accusation, Harry Crouch, Paternity fraud, Restraining orders, Sexual Assault/Rape, discrimination against men, family court

“False accusations are not a rarity, they are themselves a form of rape, and a political hot potato. It will doubtless take a female politician of enormous integrity to confront the issue.” Warren Farrell, Myth of Male Power. The Myth of Male Power is a must read for anyone interested in issues related to false accusations.

REASONS WOMEN MAKE VARIOUS FALSE SEXUAL ALLEGATIONS INSTITUTE for PSYCHOLOGICAL THERAPIES (IPT Journal), Frank S. Zepezauer, Vol. 6, No. 2, 1994.
If anyone has information as complete and credible as this since 1994 please send it to me.

We are also looking for a copy of Charles P. McDowell, Ph.D. “False Allegations” which was published in Forensic Science Digest, (publication of the U.S. Air Force Office of Special Investigations), Vol. 11, No. 4 (December 1985), p. 64. If you have a copy please send it my way.

As an aside, if you are interested in learning how to protect yourself or someone else from false accusations, particularly false rape accusations, you might read Sex, Lies, and Rape, How to Recognize False Allegations of Rape.

Take Care,
Harry Crouch
President National Coalition For Men

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A walk to remember

January 23rd, 2009
By Harry Crouch
Article Source
Posted in Child support, Domestic abuse/violence, False Accusation, Harry Crouch, Paternity fraud

Doug Richardson’s walk to Washington D.C.

“During her divorce proceedings, Bonnie repeatedly claimed that Doug Richardson was the father of her child, but the child told Doug that Bonnie stated that Abraham Flores was his real father. The court refused Doug’s request for a continuance to obtain counsel to assist in contesting paternity. The Michigan Court of Appeals affirmed. A paternity test excluded Doug as a possible father of the child. Bonnie resumed living with Abraham, but Doug was forced to pay child support into the household of the child’s real father. Later, Bonnie and Abraham broke up with a formal change of custody from Bonnie to Abraham. The Michigan State Court ordered Doug, the nonfather, to pay child support directly to Abraham, the biological father…”

Read the chilling case review, The Innocent Third Party: Victims of Paternity Fraud by Ron Henry.

After 20 years of state persecution, coercion, and intimidation Doug’s child support account was fully paid and closed. Even so his wages were subsequently garnished. The Michigan Grievance Commission and Federal Bureau of Investigation are now involved but Doug feels he needs to do more. He’s going to walk from Bay City, Michigan to Washington D.C. in protest of such corruption and hopes to meet with President Obama.

Doug estimates that he can walk 25 miles a day and his trek will take 25 days. He’ll carry a small sleeping tent, cell-phone, small quantities of food and a few small bottles of propane to fuel a small heater for the tent.

Doug has some local media coverage from start to finish but needs more and interest from CNN. So if you can help him by arranging newspaper, television, radio or Internet interviews it will help cause a buzz that could facilitate a meeting with the President.

For those of you close to his route you might want to contact him at the email address below and see how you can help.

I’m sure Doug would appreciate the support. Send him an email and see how you can help:  dougmrich@yahoo.com

A WALK TO REMEMBER.

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Pain of divorce: Where money is placed above fairness

December 31st, 2008
By Harry Crouch
Article Source
Posted in CPS, Child support, Domestic abuse/violence, False Accusation, Harry Crouch, Paternity fraud, Restraining orders

By Harry Crouch (published Wednesday, December 31, 2008 in the Capitol Weekly, Sacramento, CA)

Malcolm Maclachlan’s insightful January 1, 2009 article “Family Law Task Force getting flak for recruitment, ‘insider’ panelists” was timely and well said.
Nationally the Family Law (Divorce) Industry’s devastating impact on families reportedly costs as much as the Iraq war, over $120 billion a year. Stakeholders can ill afford to lose control of the legal processes that ensure such treasure. Only the naïve would expect the Judicial Council to appoint other than “insiders” to the Elkins Family Law Task Force. However, to the Judicial Council’s credit, men and women adversely impacted by Family Court were asked to participate through focus groups…

Click here to read the full article: Pain of Divorce…

NOTE: in the last paragraph it says “Family Courts and domestic violence police units in King County, Washington, were recently closed to save money.” This is not correct and the line was suppose to have been deleted prior to publishing the article.

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Ask Mr. Dad: Protect yourself from paternity fraud (Inside Bay Area)

July 16th, 2008
By Yahoo! News Search Results for "paternity fraud"
Article Source
Posted in Paternity fraud

DEAR MR. DAD: My wife and I are about to get a divorce. We have a 1-year-old boy and she's pregnant with our second. Here's the problem: She's been having an affair for the last two years and I'm concerned that the children aren't actually mine.

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Ask Mr. Dad: Protecting yourself from paternity fraud (Centre Daily Times)

July 8th, 2008
By Yahoo! News Search Results for "paternity fraud"
Article Source
Posted in Paternity fraud

Dear Mr. Dad: My wife and I are about to get a divorce. We have a 1-year-old boy and she's pregnant with our second. Here's the problem: She's been having an affair for the last two years and I'm concerned that the children aren't actually mine. What can I do to protect myself?

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When daddy isn’t … (The News & Observer)

June 10th, 2008
By Yahoo! News Search Results for "paternity fraud"
Article Source
Posted in Paternity fraud

There's only one thing men need to know when it comes to establishing paternity in court: You're danged if you do, daddy if you don't.

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Change to birth laws means an end to ‘fatherless’ children (Times Online)

June 2nd, 2008
By Yahoo! News Search Results for "paternity fraud"
Article Source
Posted in Paternity fraud

All fathers will be required to sign their baby’s birth certificate under a change in the law designed to ensure that both parents are involved in a child’s life.

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Carlson Trial Moved (WHP CBS 21 Harrisburg)

May 19th, 2008
By Yahoo! News Search Results for "paternity fraud"
Article Source
Posted in Paternity fraud

A judge has denied a U.S. army colonel's request to have his paternity fraud trial moved out of Cumberland County.

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ConCourt considers divorce reporting (Daily Dispatch)

May 11th, 2008
By Yahoo! News Search Results for "paternity fraud"
Article Source
Posted in Paternity fraud

THE Constitutional Court has reserved judgment on a ban prohibiting journalists from reporting on divorce cases . Earlier this year, the Cape High Court ruled that Section 12 of the Divorce Act was unconstitutional, after media group Johncom (now Avusa) brought an application challenging it.

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