Dr. Helen

A Victory for Non-DNA Fathers in Tennessee

I just heard from State Senator Stacey Campfield : “Did you see the state supreme court decision? Non- DNA fathers can sue for back child support.”   Here is the info from Stacey’s blog:

The State Supreme court has just ruled unanimously a person mislead into believing they are the father of a child may sue the mother for back payments made if it is later found they are not the biological father of that child.

I tried to pass a piece of watered down legislation a few years ago when the Democrats were in power that would have allowed the non biological father to stop making future payments on their non child. It went down in spectacular flames.

From the Tennessean:

The Tennessee Supreme Court has ruled in favor of a man who was misled into thinking he had fathered a son and ordered that he be awarded more than $25,000 for child support, medical expenses and insurance premiums he had paid.

In a unanimous ruling published Monday, the court said Tennessee law allows a former spouse to pursue a fraud claim against a mother who misrepresented the identity of a child’s biological father.

The case stemmed from a Maury County lawsuit filed in 2008 by Chadwick Craig against his ex-wife, Tina Marie Hodge. Craig sued when paternity tests showed he wasn’t the father of Hodge’s teenage son.

The Supreme Court ruling overturns an appellate court decision that found refunding the support to Craig wasn’t allowed under state law.

Finally, some justice for men, may it spread across the land.