Elliot Heidelberger Says Recent Case Shows Flaws In Child Support System
Chicago, illinois, February 9, 2015 (Newswire.com) - According to recent reports, a man in Michigan faces time in jail for unpaid child support, even though DNA tests show that he's not the child's father. The man is battling the charges in court and is hopeful that it can be resolved before he has to pay support or go to jail. Child support attorney Elliot Heidelberger says the case is another sign that the child support system is flawed.
The case started in the late 1980s, when the Carnell Alexander's ex-girlfriend gave birth. She listed Mr. Alexander as the father on the birth certificate, even though she knew that he wasn't the father. That later became a problem for Alexander when the woman applied for welfare.
"Whenever a single parent applies for welfare, Medicaid, or some other kind of public support, the government wants to make sure that they're receiving child support," explains Mr. Heidelberger, a child support attorney in Chicago. "They look to see who the father is on the birth certificate. If that father isn't paying support, the government goes after them. From the government's perspective, the mother needs to receive child support before turning to public support."
Mr. Heidelberger argues that those rules are flawed, even if they are well-intentioned. "It creates a problem when the birth certificate isn't accurate. Like in this case, if the woman names a man who isn't the father, that man is going to have to pay child support until the certificate is amended," claims Mr. Heidelberger.
Mr. Alexander has been attempting to do just that. He had a paternity test done at one point and the results of that test showed that he was not the father. Mr. Alexander is now working with an attorney to have the situation resolved. A judge recently delayed jail time for several months so Mr. Alexander's attorneys could argue his case.
According to Mr. Heidelberger, the system needs to be more responsive to these issues. He argues, "I understand the sentiment behind the rules. However, when a DNA test shows that the person isn't the parent, that should be enough to stop the demands for payment. It shouldn't get to this point, where a non-parent who has never had a role in the child's life faces jail for unpaid support."