Iowa supreme court opens door for lawsuits against women who make false paternity claims

2012-06-01T22:18:36+00:00

Fucking finally. Hopefully we will see many more men be able to recover damages from false paternity accusing women and the state system's that allow it.

Text for those that cannot see the link:

IOWA CITY, Iowa — A mother who falsely represents the identity of the father of her child can be sued for fraud and ordered to pay back financial support she received, the Iowa Supreme Court ruled Friday.

The court reluctantly opened the door to claims of paternity fraud, a controversial and particularly messy area of litigation that had not been recognized in Iowa. Chief Justice Mark Cady warned litigants to use caution in bringing such cases, saying they would be hard to prove, emotional and embarrassing.

"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," Cady wrote in a concurrence to the 7-0 decision. "This consequence may cause many reasonable, caring people to simply leave the claim dormant for the betterment of others."

The court ruled that Joseph Dier of Grundy Center can sue Cassandra Jo Peters for fraud to try to recover money he spent supporting a daughter born in February 2009 who turned out not to be his. Dier, 28, claims Peters enticed him into believing he was the father to get money and that he supported them for more than two years.

In December 2009, Dier filed a court petition seeking full custody. Last year, Peters claimed Dier was not the father and requested a paternity test after she feared she would lose custody of the child, Dier alleges. Two subsequent paternity tests excluded him as the child's father.

Dier filed a lawsuit last year seeking to recover money he spent supporting Peters, 25, and the child, as well as legal fees he spent on the custody dispute.

Judge David Staudt threw out the case in September, ruling that the "current status of the law demands that this case be dismissed."

Friday's ruling overturns Staudt's decision, sending the case back for a trial. To prevail, Dier would have to prove Peters knowingly lied when she told him he was the father and that he was justified in relying on her claim. Dier can recover only the out-of-pocket expenses he spent supporting them and not legal fees, the court ruled.

Peters' attorney, Lynn Wiese, said Peters and Dier assumed Dier was the father and his client did not commit fraud. He had urged justices to bar lawsuits between misidentified fathers and mothers. He argued instead they should sue the biological fathers, who had gotten off without paying support.

"This sort of case won't come without a price," Wiese said, warning that young children could be forced to testify. "These will not be pleasant lawsuits."

Dier's attorney did not immediately return a call seeking comment Friday.

Justices said courts in other state have split on whether to allow paternity fraud claims. The Iowa Supreme Court had deadlocked 3-3 in 2004 on the issue, a split that upheld a lower court's decision barring such claims on policy grounds.

Courts in states such as Nebraska have barred the lawsuits by arguing they are too harmful for children and families. Judges in other states, such as Illinois, have found that allowing fraud victims to recover money outweighs the potential harm.

The Iowa justices sided with the latter camp Friday, ruling that paternity fraud claims "fit comfortably within the traditional boundaries of fraud law." Allowing such cases could also deter lying by mothers, they found.

"It is true that Dier's success in the litigation could diminish the resources that Peters has available in the future to support (the daughter), but this would be true of any lawsuit against Peters," Justice Edward Mansfield wrote. "We have never afforded parents a general defense from tort liability on the ground they need all their money to raise their children."

Iowa law says a man cannot recover past child support he paid once establishing he is not a child's biological father but is relieved from pending and future obligations. Mansfield said that law applies only to court-ordered child support and not voluntary payments, such as the ones made by Dier.

Cady said paternity fraud cases would be extremely difficult, not unlike divorce and custody disputes.

"The proceedings that ultimately unfold in a courtroom are not easy or pleasant for anyone involved," he wrote, "but the court is nevertheless necessary to provide a forum for addressing an alleged wrong that has already occurred within a family unit."

oneiorosgrip · 2012-06-01T22:50:46+00:00

Gotta love how the lawyer for the mother tries to pawn off responsibility for her act of fraud on the biological father simply on the basis that she never extorted child support from him.

The woman's whole case is a messed up mass of contradiction.
If she thought the child was fathered by Dier, as her lawyer claims in the argument against allowing the lawsuit, why did she think a paternity test would support her claim that Dier was not the father? If she hid the biological father's paternity from him, how could he possibly be responsible for her fraud against Dier? And since the revelation that Dier is not the father negates his parental rights (custody,) what valid reason does she give for not thinking it negates his parental responsibility (child support?)

I still think women who knowingly and willfully commit paternity fraud should be subject to prosecution just as in other cases of willful financial fraud, but allowing the lawsuit is a great step forward. Here's hoping that the return of at least this level of accountability to the arena will discourage false paternity claims.

NativeKing · 2012-06-02T03:35:38+00:00

I love living in Iowa. Past the elderly and corn, it's a great place!

roland3337 · 2012-06-02T04:20:46+00:00

As a native Iowan, I am damned proud.

zyk0s · 2012-06-02T13:11:56+00:00

"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," Cady wrote in a concurrence to the 7-0 decision. "This consequence may cause many reasonable, caring people to simply leave the claim dormant for the betterment of others."

As opposed to regular family court proceeding, where everyone gets out happy? I don't understand, it's ok to bring two married people into a room and have them accusing each other and exposing their personal lives in front of strangers, kids witnessing all of this, accusations of abuse (made predominantly by the women) flying left and right, all of this is fine and dandy and clean. How is exposing the woman as unfaithful, manipulative and capable of extortion any worse than what we have right now? Is it because a man can take it, should be destroyed publicly, but the poor woman needs the state to hide her awful behavior?

At least they legal standard changed, maybe it will serve as a deterrent to some.

AnnArchist · 2012-06-02T15:06:59+00:00

I spoke with an Iowa candidate for state senate about passing legislation to ensure that men are guaranteed equal custody under the law. He was a single dad who could empathize w my positions.... If he gets elected, I'm going to talk w him more about it in the future.

That was my first tangible activism outside of here.... He has a very cushy custody agreement w his ex, so it might not be something he is worried about however if he introduces any legislation I'd be really excited about it.... I told him who I was, that I moderate (albeit less actively recently) one of the largest message boards dedicated to mensrights and hopefully he will act on my recommendations.

This is a great reason to become a delegate every year. It's the next chance to interact with state representatives from your area.

Title	Iowa supreme court opens door for lawsuits against women who make false paternity claims
Author	[deleted]
Upvotes	113
Comments	20
Date	June 1, 2012 10:16 PM UTC (11 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/ugb53/iowa_supreme_court_opens_door_for_lawsuits/
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