Just when I'm worried that everything judges do is stupid along comes a good decision, and from California no less. Men who women claim are the fathers of their children, but who really aren't and can prove it with a DNA test, will no longer be forced to pay child support for their non-kids. Despite protests from the National Organization of Women. Here's just a snippet of what was going on, and if the injustice doesn't make you angry just wait for the final paragraph.
A March, 2003 study prepared at the request of DCSS, "Examining Child Support Arrears in California," found that most complaints in California are delivered by substitute service, "which suggests that noncustodial parents may not know that they have been served."Screw you, NOW. Children don't lose support payments, their lying mothers do, and they aren't entitled to support payments from a man who isn't the father. It's unbelievable to me that anyone could think differently. Then again, leftists love arbitrary wealth redistribution in other forms....
"In Los Angeles County in 2000 ... 79 percent of paternity judgments were decreed by default," father's-rights advocate Glenn Sacks explains. "Most of these men had no idea they were 'fathers' until their wages were garnished."
In an article entitled "Injustice by Default: How the effort to catch 'deadbeat dads' ruins innocent men's lives," journalist Matt Welch asked California DCSS Assistant Director Leora Gerhenzon what would happen if a woman had named "Matt Welch" — a white guy between 30 and 40 years old, who maybe lives in the Los Angeles area, as the father of her child.
Gerhenzon answered, "We run our search on him; if we come back with one Matt Welch who lives in L.A., whose birthday fits that 10-year range, and we have nobody else, we presume in general we have the person."
The argument could be made that current laws encourage false-paternity claims. To receive federal funds on child-support orders, states must name the fathers of the children on assistance. Since there is no federal requirement for DNA testing for paternity, there is no state requirement.
Indeed, father's-rights advocates argue that there is an incentive for states to bypass costly testing which might rule out fatherhood. In 2002, former California Gov. Gray Davis admitted that $40 million in federal funds could be jeopardized by widespread paternity challenges.
For this reason, among others, in 2002 Davis vetoed the California Paternity Justice Act, (AB 2240), which would have extended the challenge period and vacated judgments against falsely named "fathers." Women who knowingly signed false declarations of paternity would have been liable for criminal prosecution.
(Another factor in Davis' veto was the political pressure of groups like the National Organization of Women, who successfully argued that passing the act would harm children who might lose support payments.)
In hearing Navarro's appeal, the Second District Court acknowledged that "by strict application of the law, appellant should be denied relief ... Sometimes even more important policies than the finality of judgments are at stake, however."Good. It's about time. I can't even believe how much evil is done in the world by leftists "for the sake of the children".
The appeals court explained, "the County ... should not enforce child-support judgments it knows to be unfounded. And in particular, it should not ask the courts to assist it in doing so. Despite the Legislature's clear directive that child-support agencies not pursue mistaken child-support actions, the County persists in asking that we do so. We will not sully our hands by participating in an unjust, and factually unfounded, result. We say no to the County, and we reverse."