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NCFM Member Naomi Evans, Ending Paternity Fraud in Washington State

December 18, 2015
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paternity fraudNCFM NOT: For those of you interested in this subject you should use the search function at the top of this page and read all articles by and about efforts in Washington State to end paternity fraud. Naomi is an incredible advocate and adversary and has unearthed information about federal rules about child support that shame Washington State (and other states) for their misuse and abuse of federal guidelines (rules) for handling questionable paternity cases, wrongful and fraudulent. Here too is information about a rally being staged in Olympia on January 15, 2016 at noon. If you can, please be there and support this vital effort. Naomi and her supporters have a real chance this year to pass this legislation.

Facts about “The Brandon Jones Act” to End Paternity Fraud in Washington State

NCFM NOTE: For those of you interested in this subject you should use the search function at the top of this page and read all articles by and about efforts in Washington State to end paternity fraud. Naomi is an incredible advocate and adversary and has unearthed information about federal rules about child support that shame Washington State (and other states) for their misuse and abuse of federal guidelines (rules) for handling questionable paternity cases, wrongful and fraudulent. Here too is information about a rally being staged in Olympia on January 15, 2016 at noon. If you can, please be there and support this vital effort. Naomi and her supporters have a real chance this year to pass this legislation.

During the 2014 and 2015 Washington Legislature, three bills were introduced that would have relieved victims of Paternity Fraud or “Mis-Identified Paternity”. SB 5997 in 2014, and SB 5006, HB 1524 in 2015.

Over the 105 day Legislative session in 2015 SB 5006 adopted amendments in both the Senate Law and Justice Committee, and the Senate Ways and Means Committee, all of which were at the request or “demand” of Washington State Dept. of Social and Health Services (DSHS), who repeatedly claimed the original version of the bill would likely disqualify or violate the State’s ability to collect SS Title IV-d funding. https://www.ssa.gov/OP_Home/ssact/title04/0458.htm

 

From start to finish SB 5006 was transformed into a completely different and unrecognizable piece of legislation, written to cover the State’s “ass(ets)” -pun intended- and only give the basic “prospective” freedom to victimized men and their families.

Both legislative years saw these bills make it through committees to the Senate floor, awaiting a vote by the Senators who allowed this important legislation to officially die at the last-minute without so much as a floor discussion on the issue.

Our small group of citizen activists “2nd Wives Against Paternity Fraud” has since heard some law makers claim that the bill would have done things it was never written to do. These statements clearly show how legislators either simply did not understand the legislation before them, or were told lies about the intent of the bill(s), which in turn persuaded them from calling for the much-anticipated floor vote.

There are several things that are new and unique about “The Brandon Jones Act” of 2016, in comparison to SB 5006 and SB 5997 that all Legislators and Citizens should understand in order to support this year’s passage of such a paramount and comprehensive piece of Legislation.

“The Brandon Jones Act” was in fact written by “yours truly”-Naomi Evans and Brandon Jones (two victims and experts on the issue of Paternity Fraud) after the death of SB 5006 and after being in receipt of some 9,000+ documents/emails from a public disclosure request to Washington DSHS, who remained the strongest “opponent” to the previous bills.

Through the public disclosure request (PDR), I discovered the truth that DSHS had been intentionally deceiving Legislators and the public about the true financial impacts to the State’s SS Title IV-d program by providing false testimony through language within the bills fiscal note even after they had confirmation from the Region 10 Federal Office of Support Enforcement that the bill would NOT pose a threat to the States federal funding.

The last two pieces of legislation SB 5997 and SB 5006 were in fact written by legislators, who although had a general idea of changes that were needed to relieve victims of Paternity Fraud; however lacked the deeper knowledge that DSHS had been covering up… until now.

So it was with this new knowledge, and a little ingenuity taken from several other States’ legislative relief of Paternity Fraud, that “The Brandon Jones Act” was born!

“The Brandon Jones Act” is truly one of a kind and more comprehensive than any state law we have found to date. It is the complete package of justice that we victims have discussed among ourselves. One could say this bill is “For the people, By the people”, having taken into account the combines thoughts, ingenuity, experience and expertise of men, women and families victimized by this issue and living, eating and breathing a search for “justice” for over a decade.

So without further “ado” I would like to explain the Facts of “The Brandon Jones Act” and what this proposed legislation would do.

  1. This legislation adds a new section to RCW 26.26 that will allow men a window of time: 2 years from the discovery of new evidence that a child is not biologically their own; in which they may choose to petition the court to challenge and disestablish wrongly established paternity by means of DNA testing proving “material mistake of fact or fraud”. For men who have known about their paternity fraud before the bill’s passage, they will be allowed a 2 year window from the date the law goes into effect.
  2. A man who proves that he is not the genetic father of a child through this process will be court ordered to have his name removed from the birth certificate and will no longer be legally or financially responsible for any support of the child. The disestablishment of paternity will “vacate” any and all previous orders which will make them “null and void”.

Note: This language comes directly from the Federal Office of Child Support Enforcement PIQ-03-01 found on the OCSE website and supported by 42 U.S.C. 666(a)(5)(D)(iii). Knowledge we gleaned from the public disclosure request that DSHS was in possession of even as they attempted to falsify exaggerated language in SSB 5006 fiscal note re: Title IV-d

  1. After disestablishment of paternity a Petitioner may seek restitution from the Mother and/or biological Father of the child.

Note: We believe the inclusion of a path for victims to seek restitution addresses several important issues that have come up in conversation with law makers and citizens. It will provide a specific person or persons (the Mother and Father) who are financially liable to repay money collected and take any legal burden away from the State or DSHS who worried they may be liable to repay money. We hope it will help make the crime of Paternity Fraud less attractive if women realize they will be held liable to repay money they have stolen from innocent men, as well as place the burden of revealing and/or producing the true biological father. Legislators have been told by DSHS for too long that the real biological fathers in these cases simply can’t be found, where as we victims have argued that the mother usually knows, but has no incentive to be honest when someone else will pay her money to continue lying. If faced with the sole financial burden of her crimes, we are certain she will “remember” who the real father is and thus allowing that man to be a part of the child’s life as should have been from conception.

  1. “The Brandon Jones Act” will also allow the “duped dad” to petition the court for an order of “visitation” or times of “possession” of the child, if it is in the best emotional and physical interest of the child to continue a previously established bond between the child and non genetic father figure. This visitation may be sought before or during the petition to disestablish and visitation/possession may stay in effect even after termination of legal/financial obligation is finalized.

Note: We feel this section is important as none of us pursuing this reform have ever wanted to hurt any existing relationship between the non genetic parent and child; however as we were not (until now) the “creators” of previous legislation, we were not given this option in the former bill proposals. We discovered this language within the Texas version of “anti paternity fraud” legislation SB 785 passed in 2011 and felt strongly it should be added to the Brandon Jones Act to keep up any existing relationship with the duped dad and child. After all we victims are seeking true justice in this situation of being “defrauded” by a person who failed to think about the emotional repercussions for their actions. We simply do not believe it is fair to use an innocent man as a financial slave or to use an innocent child to collect a paycheck. The fact is most of us have natural/biological children to care for as well and when/if there has been a prior relationship with a non genetic child, any emotional/physical bond with that child is usually terminated by the Mother and/or State after discovery of non genetic paternity. It is in Fact the State Judicial system and the Mother(s) who have shown consistently that these men are only good for financial support, regardless of any claims to “Best interest of the Child”. This clause will uphold true “Best interest of the Child” foundations for all children, parents and family members involved.

Just to touch base on some final concerns we have heard from Legislators and Citizens, I would like to address the following:

Q- Would this bill allow Men who have legally adopted children or gone through reproductive medicine using a “sperm donor” to later disestablish paternity using DNA as evidence of non-paternity?

A- NO, the language in the Brandon Jones Act specifically states “This subsection does not apply if the man is the adoptive father of the child or consented to assisted reproduction with another person with the intent to be the parent of the child born”.

Q-If a Husband and Wife intentionally got pregnant with another man’s baby (with the Husband’s knowledge but without the bio father’s knowledge) would this bill allow the Husband who had knowingly posed as the real father to turn around years later and disestablish non genetic paternity?

A- There has already been a “presumption of paternity” law in affect within RCW 26.26 which states that a “presumed” father ie: the husband of a marriage when a child is born; is already a rebuttable form of paternity. The Brandon Jones Act does not change this current “rebuttable” parentage and in all honesty we do not condone this kind of trickery due to sperm donors being available and when/if a husband and wife choose to steal another innocent man’s sperm, it is just that… Stealing and Kidnapping of another man’s child. However our bill does not touch this issue.

Q-Will this bill create a mass bastardization of children?

A- NO. In the majority of these cases the identity and location of the true genetic father is known. In the case of Brandon Jones in particular, Brandon’s non genetic child has known his true biological father for many years while Brandon has been forced to pay support. Even my husband and I have known who and where the biological father is for the past six years, however due to the current laws we have had no ability to establish the correct paternity. There is in fact no statute of limitations on establishing paternity and it should be the obligation of the Mother(s) and the State to identify and establish the correct genetic paternity for many reasons including but not limited to constitutional rights, ethical, emotional, financial and medical reasons.

I hope this explanation of The Brandon Jones Act will help you all become better informed on this issue so that we may achieve the level of support for its passage that we need to make 2016 the year to End Paternity Fraud in Washington State!

On a final note I would like to ask all those available in Washington to please save the date and join us for the Stop Paternity Fraud Rally to support the Brandon Jones Act on Friday, January 15, 2016 from 12:00 – 3:00 pm at the Olympia, WA Capital on the North Steps of the Legislative Building. After the Rally we will be going in groups to our local Legislative Offices and delivering letters of petition asking for passage of this reform.

Also please watch for an exclusive KOMO 4 News Investigator Tracy Vedder’s report on The Brandon Jones story to premier on or around January 12th, 2016.

Please feel free to visit our Facebook Event page and share it with all local Washingtonians!  https://www.facebook.com/events/1601722620089959/

Join our group “2nd Wives Against Paternity Fraud” on Facebook at: https://www.facebook.com/groups/919067011437567/

And keep up to date on The Brandon Jones Act through my blog www.survivingpaterityfraud2ndwife.blogspot.com

Thank You for your support!

Naomi Evans, Bremerton, WA

national coalition for men

 Stop paternity fraud everywhere!

 

 

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