The Ohio Supreme Court upheld a state law Wednesday that gives men unlimited time to use DNA proof that they are not biological fathers, which means they could stop paying child support.Heartbreaking? Maybe so, but why blame the man who is not even the father. It is the mother who betrays her husband, is sexually unfaithful, lies to her man and her child, and finally commits paternity fraud by falsely claiming that she knows the man to be the father and suing him for a quarter of his income. It is the mother who should be jailed.
Previously, men had one year to challenge support orders with DNA. The law removing the time limit, enacted by the General Assembly in 2000, was challenged by the Cuyahoga County Prosecutors Office.
Thousands of the 685,000 child support orders in Ohio could be overturned, sending mothers and child support enforcement agencies searching for the real fathers. ...
Former State Rep. Peter Lawson Jones, a Shaker Heights Democrat, sponsored the bill five years ago.
"I feel great," he said Wednesday, after learning of the Supreme Court's unanimous ruling. "No man should be forced to pay for children that are not his. It's just pure, unadulterated common sense."
It's not that simple, said Gallagher and her colleague Timothy Spackman.
The law doesn't allow judges to consider the overriding concern in Juvenile and Domestic Relations courts -- the best interests of children, they said.
"I've been involved in a case where the boy was a Junior," Gallagher said. "It's heartbreaking. It's to hell with the kids.' "
Spackman added: "I've been involved in cases where teenage kids ended up in psychiatric hospitals" after they learned the man they called dad was not their biological father.
Florida is more typical:
Florida's paternity law requires men to obey the original court orders. Fathers must be current on their support payments before they are eligible to have them lifted with a DNA test of non-paternity. There are no refunds.So if the man doesn't pay because he can prove his innocense, then Florida makes him pay anyway. If the mother commits paternity fraud, then she gets to keep whatever she can collect.