In a landmark child support case in Iowa, a man that was falsely identified as the father of a woman's child will be allowed to sue her for fraud, and she will be ordered to pay back all of the financial support he willingly gave her, as reported the Telegraph Herald.
The Iowa Supreme Court made the ruling on June 1, 2012. Chief Justice Mark Cady, aware that this was an area of litigation not recognized in Iowa before, has asked litigants to be cautious.
Of the 7-0 decision Cady wrote, "In the end, it becomes painfully obvious that parties pushed into the justice system over a paternity fraud claim could never leave it unscathed, and the standards of justice will certainly be stretched to their limits, even if justice is attainable…"
The ruling will allow J.D. to sue C.J.P. for money he gave her to support a daughter she had given birth to in 2009. When it was later revealed that the child was not his, J.D. claimed that C.J.P. let J.D. believe he was the girl's father to gain his financial support, for both mother and daughter, for over two years.
However, the story unraveled when J.D. filed a court petition asking for full custody in December 2009. C.J.P., upon fear of loosing her daughter, came clean and said that J.D. was not the father of her child.
Two paternity tests later showed that C.J.P. was telling the truth: J.D. was not the child's father.
Prior to the new ruling the case was originally thrown out last September by Judge David Staudt, citing that "current status of the law demands that this case be dismissed."
Lynn Wiese is the attorney representing C.J.P. Wiese claims that both C.J.P. and J.D. presumed that J.D. was the father, hence no fraud occurred.
The Iowa Supreme Court had deadlocked on this issued 3-3 in 2004, which reflects a trend in other states as well with some allowing paternity fraud claims while others still oppose them. For example, Nebraska bars such lawsuits as they find that they are harmful to children and Illinois allows them as they feel that allowing fraud victims to recover their money outweighs any potential harm.
Justice Edward Mansfield wrote, "It is true that (J.D.'s) success in the litigation could diminish the resources that (C.J.P.) has available in the future to support (the daughter), but this would be true of any lawsuit against (C.J.P.). We have never afforded parents a general defense from tort liability on the ground they need all their money to raise their children."
In Iowa a man cannot get any child support returned to him after establishing that he is not the biological father, he can only be relieved of any pending or future support. In J.D.'s case, the money he paid to C.J.P. and her daughter was made voluntarily, and is therefore not subject to that law.
Cady wrote, "The proceedings that ultimately unfold in a courtroom are not easy or pleasant for anyone involved, but the court is nevertheless necessary to provide a forum for addressing an alleged wrong that has already occurred within a family unit."
Contact a Family Law attorney in your state if you are facing a child or spousal support battle. Laws change, and your Family Law attorney stays abreast of them to help you.