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Vinyl · Jul 16th, 2009, 07:04 PM

Quote:

ADEL, Ga. – A Georgia man spent more than a year behind bars for failing to pay child support for a child that wasn't his, but he was released after DNA tests showed he wasn't the father.

Frank Hatley, 50, had been jailed since June 2008 for not making payments, but two separate DNA tests in the last nine years showed he was not the father of the boy, who is now 21.

Southern Center for Human Rights attorney Sarah Geraghty won Hatley's release at a hearing Wednesday in Superior Court. A court order has also relieved him of his financial obligation to the Georgia Department of Human Resources.

"State child support officials have shown extraordinarily poor judgment in Mr. Hatley's case," Geraghty said.

Although Hatley was freed from making future payments after a 2001 hearing, Superior Court Judge Dan Perkins had ordered him to continue making $16,000 in back payments. He paid $6,000 of that before being laid off from his job.

Perkins ordered Hatley's immediate release Wednesday after determining that he was indigent. Although he was released, Hatley's paternity case is still unresolved. No future hearings are scheduled.

"Out of it all, I just feel like justice should be served for me in this case," Hatley told The Atlanta Journal-Constitution shortly after his release. "I shouldn't have to keep being punished for a child that is not mine."
Hatley had a relationship with Essie Lee Morrison, who had a baby in 1987 and told Hatley the child was his, according to court records. The couple never married and split up shortly afterward.

In 1989, Morrison applied for public assistance through the state Department of Human Resources. Hatley agreed to reimburse the state because he believed the boy was his.

Documents show Hatley paid at least $9,500.

But in 2000, DNA samples showed the two were not related, according to court records. A test earlier this month confirmed that.

Source

Incompetence on the state child support officials' part. Disgusting!

scarlett_2005 · Jul 16th, 2009, 07:08 PM

This is so ridiculous! Why didn't they go after the real father?

Roo · Jul 16th, 2009, 07:32 PM

Mothers who knowingly commit paternity fraud should be jailed for fraud. This happens all the time and this guy is one of the lucky ones. There are tens of thousands of men in this country who are paying for children they have proven are not theirs with DNA. If you are married and discover a child born during the marriage is not yours, it is virtually IMPOSSIBLE to get relief from paying support too. The only state in the US that has paternity fraud laws on the books right now is PA.

Jahpson · Jul 16th, 2009, 08:26 PM

omg!!! what a mess

HauteMama · Jul 16th, 2009, 08:43 PM

Originally Posted by Roo

Mothers who knowingly commit paternity fraud should be jailed for fraud. This happens all the time and this guy is one of the lucky ones. There are tens of thousands of men in this country who are paying for children they have proven are not theirs with DNA. If you are married and discover a child born during the marriage is not yours, it is virtually IMPOSSIBLE to get relief from paying support too. The only state in the US that has paternity fraud laws on the books right now is PA.

This is very true, and I agree. Most states allow the man married to the mother at the time of the child's birth to be held accountable for child support, regardless of whether later paternity tests prove that the child isn't biologically his. Just by virtue of being married to the mother, the man assumes responsibility for the child. As DNA tests become faster, less expensive and more easily available, I can see it becoming a standard test at birth that must be specifically denied instead of one that must be specifically requested.

Panda1 · Jul 16th, 2009, 08:49 PM

This is a disgrace. Why should he still have to make back payments for a child that is not his? The mother should give him back for the support he already paid plus interest. I think it's a matter of the laws working too slowly to adjust for DNA tests.

meela188 · Jul 16th, 2009, 10:49 PM

This is disgusting and this woman should be prosecuted if you ask me.

Classic Chic · Jul 18th, 2009, 01:54 AM

Originally Posted by Panda1

This is a disgrace. Why should he still have to make back payments for a child that is not his? The mother should give him back for the support he already paid plus interest. I think it's a matter of the laws working too slowly to adjust for DNA tests.

ITA, i don't understand why he still have to pay back after the court freed his responsibility after 2001?

BagAngel · Jul 18th, 2009, 08:22 PM

She is a disgrace to see a man jailed for something he didn't do

twin53 · Jul 19th, 2009, 09:28 AM

terrible situation for the poor guy

Melissa71 · Jul 19th, 2009, 01:32 PM

I agree that the mother should be charged with fraud. It's revolting that some women manipulate the law to serve their selfish interests. If they held the woman accountable, maybe it wouldn't happen as often.

evilvietgirl · Jul 20th, 2009, 12:59 PM

Originally Posted by BagAngel

She is a disgrace to see a man jailed for something he didn't do

Literally

~Fabulousity~ · Jul 20th, 2009, 01:18 PM

Originally Posted by Roo

Mothers who knowingly commit paternity fraud should be jailed for fraud. This happens all the time and this guy is one of the lucky ones. There are tens of thousands of men in this country who are paying for children they have proven are not theirs with DNA. If you are married and discover a child born during the marriage is not yours, it is virtually IMPOSSIBLE to get relief from paying support too. The only state in the US that has paternity fraud laws on the books right now is PA.

I agree with you 100%, makes me sick to my stomach.

Jul 16th, 2009, 07:08 PM	#2
scarlett_2005 Member Joined: Dec 2005 Location: USA Posts: 8,001	This is so ridiculous! Why didn't they go after the real father?
	__________________

Jul 16th, 2009, 07:32 PM	#3
Roo au courant Joined: Apr 2006 Location: Rue Roo Posts: 12,707	Mothers who knowingly commit paternity fraud should be jailed for fraud. This happens all the time and this guy is one of the lucky ones. There are tens of thousands of men in this country who are paying for children they have proven are not theirs with DNA. If you are married and discover a child born during the marriage is not yours, it is virtually IMPOSSIBLE to get relief from paying support too. The only state in the US that has paternity fraud laws on the books right now is PA.
	__________________ When I started counting my blessings, my whole life turned around. --Willie Nelson

Jul 16th, 2009, 08:26 PM	#4
Jahpson Member Joined: Aug 2007 Location: The Playground Posts: 22,390	omg!!! what a mess
	__________________ Michael Joseph Jackson 1958-2009

Jul 16th, 2009, 08:49 PM	#6
Panda1 Member Joined: Dec 2008 Posts: 260	This is a disgrace. Why should he still have to make back payments for a child that is not his? The mother should give him back for the support he already paid plus interest. I think it's a matter of the laws working too slowly to adjust for DNA tests.
Panda1 Member Joined: Dec 2008 Posts: 260

Jul 16th, 2009, 10:49 PM	#7
meela188 Member Joined: Jul 2006 Posts: 1,708	This is disgusting and this woman should be prosecuted if you ask me.
meela188 Member Joined: Jul 2006 Posts: 1,708

Jul 18th, 2009, 08:22 PM	#9
BagAngel Louis Vuitton Addict Joined: Oct 2006 Location: UK Posts: 20,251	She is a disgrace to see a man jailed for something he didn't do
	__________________ Wishlist Mahina Xl or XXL in gris Balenciaga black Part Time with GSH Louis Vuitton black/white Leopard scarf (2006) Large Pewter Chanel flap Chanel J12 watch

Jul 19th, 2009, 09:28 AM	#10
twin53 Member Joined: Jan 2007 Posts: 4,181	terrible situation for the poor guy
twin53 Member Joined: Jan 2007 Posts: 4,181

Jul 19th, 2009, 01:32 PM	#11
Melissa71 Member Joined: Jan 2006 Location: Illinois Posts: 2,106	I agree that the mother should be charged with fraud. It's revolting that some women manipulate the law to serve their selfish interests. If they held the woman accountable, maybe it wouldn't happen as often.

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